The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-29

The Merits OF Inventions Consider
ed by the Office Force-Gireat Loss
and Inconvenience Caused by Fire
Development of the Burenu-
\ brief account of the patent law Of
1886. creating the. Patent Office as a bu-
reau Of the State Department. is given in
the monograph. being prepared by E Y
Shepard. Chief Clerk of the Patent Office.
for the proposed history Of that institU-
ton. Mr. Shepard refers to the disastrous
fire OF 1886. which destroyed the models
and library of the Patent Office He says:
The law of 1895 was passed on July T.
mainly through the efforts of Senator
John RuEgIes Of Maine. the first Com
missioner Of Patents. Henry L Ellsworth.
and the first real patent examiner
Charles NJ Keller.
This law required an examinat ton TO
be made Of the merits of an invention,
and in this respect was q distinct return
to the American system inaugurated by
the act Of 1890 The law established the
Patent Office as a bureau under the De
paTtment of the State and put it in charge
! Of n chief officer to be called the Com
missioner of Patents. at a salary OF S-t51
per anRum. The law provided further for
q chief clerk. an examining clerk at $3.50.
| competent dra ftSnan; one other clerk, a
/ machinjst, and a messenger L also pro-
( vided seal for the Patent Office and re
/ quired that patents should b. ISSUED under
/ that seal and be signed by the Secretary
! OF State and cluatersigned by the Com
/ missioner; that every patent should con-
! tain q title OF thc invention correctly in
! diCating its nature and design. referring
| to the specifications for Jhe particulars
/ thereof, copy Of the specification 10 be
] annexed to the uatent- Under this act
! also specification and drawing had to he
/ signed by the inventors and atteSted by
| two witnesses. and model was required.
! Citizens paid a fec OF $50 and aliens
| residents in the United States for ore
year next preceding the application paid
! the same. British subjects were required
| to pay $50y and all other persons $500.
| A regular examination Of an ap7Iica-
/ ton was required 10 determine its nov
city. Then as now. the office was re-
quired to give notice to the applicant, if
he did not appear 70 be first and original
| inventor giving him at the same time
| such information and references as might
be useful % him in judging Of the pro
priety OF rene wing his application or Of
altering his specification. In every such
case, il. the applicant. elected to withdraw
his application and relinquish his claim
10 the mcdeI he was TO receive back so
OF the original fee; out # he persisted
IL his application with or without alter
ing his specification he was required 70
make the oath anew. in the manner re-
CURED in first fling his application
Up to 1865. sit was the practice Of the
ice TO return the papers TO the appii-
ant for amendment. but in that year
| mis- practice was stopped and the aIpli-
cant in order To amend intelIigeutIy had
either 20 retain copies of the papers OF
have the Office make them for him From
the refusal Of the Commissioner to issue
! a patent the applicant could appeal Il
the board of three examiners appointed
for that purpose by the Secretary Of
state on each occasion when appeal was
7 taken The Commissioner was governed
! by their decision in his further action II
| the case The Commissioner was also
required 10 decide interfereuces. and al
appeal was allowed from his decision
| therein TO similarly appointed board
! The law made provision for the fling OF
caveats and for notice to the Caveator ol
an interfering application filed within ont
year after the caveat- The act further
4 provided that when refused the grant Of
q patent by the board of examiners tn,
applicant might have remedy by a bill
Of equity in my court having cognIz
ance thereof and that its adjudication. j
favorable, should authorize the Commits
sioEeE to issue the patent. but If unfav
orable, appeal lay 10 the Supreme COUr
Of the United States, provided tn
/ amount involved brought tFf. case within
| a provision OF the judiciary act Of I7ss
/ On February 1G 1851 this restriction va
/ removed. Application for the extentiol
/ Of the term Of patent was TO be mad
/ ! TO the Commissioner. who with the Sec
| rotary Of State and the Solicitor of tn
: Treasury. constituted a board To hear an
! | decide the case IF their decision was fay
} ! orable the Commissioner renewed the pat
| eHt for a term Of sever years from an
I ! after the expiration Of the first term
1t was in the year 1895. moreover. whe
for the first time an appropriation O
I 1850, TO BE- paid out Of the patent fund
) was made for the organization Of tn
, scientific library Before this prOvisio
was made, however, there We're som
! $50 volumes in the office. Before any O
the money was used the library va
/ burned il the fire Of December I3, 1896.
Z The first patent issued under this lar
Z Was 10 Hon John RuggIes for IocomotIv
= engines on inclined planes July j., IS2l
/ Henry Ellsworth was appointed the frs
Commissioner OF Patents, and Charles y
/ Keller, examining clerk, and thereupo
/ the present system Of examination begaI
III "On June y. 1886. SIGS. 90 was apprOpr
1 ated out Of the patent fund for the cree
| ton of a suitable building Of brick an
1 wood for the accommodation of the Pat
/ ent Office The House amgndmeT
/ changed these materials to cut StOu
/ for the exterior walls, and also provide
] for tireproOfiug the structure within
n The bill as amended became a Ia
- July T. 1895 aad within that month tn
/ the intention that the grand pOTticOvv
/ 7 Street, fronting Eighth Street shoul
| be Of magnificent proportions, and O col
/ respondent speaking OF its erection sal
| that the proportions were eNactl
4 those Of the ParthenOn at Athens
! was the present south front OF the Pa
eut Office. excluding the south ends
/ the east and west wings The baSeIeI
4 twhat Is now the first or ground floor
= was to be used for storage. fuel, ful
- ! naCes- etc. the first or poTtico floor f.
| Office rooms. nd the second floor Was
( be one large hall. with galleries on e!ti
u / side and 10 have \ Eautted roof Tn
| haU was 10 be used Tor exhibition pm
poses. FOR the display Of models OF pa
F. snted and unpate1ted inventions. an
= also as Il national gallery Of the indu
a.. | trial arts and manufacture
The fire Of this year destroyed 4
2 | building is which the Patent Office wa
, { with an the madels and reco-. and u
- library with The exception % CIE boo
- which an eTuplOye Of the office Izrpe8s
10 have taken TO his home Def-Ee Z
FIRE The act Of March 3 lA5f- made pr
,-fsi8Y. fer restoring the specification
- drz wings. and models by obtaining d
JIi.atcs Of them froTa persons. in who
- possession the originals were A a
. rrgTriarfgYi Of SIgi. $50 WAS made fUr IN