The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-07-26
THE ISSUANCE OF PATENTS.
Mr. Shepard Describes the Systems
That Have Prevailed.
The Transfer or Assignment OF In
vcntfous-Tedious Efforts Exhaust
cd in Order to Bring This Branch
ID to It's Present High Standard

The character OF the Patent Office from
its institution as a distinct bureau of the
Government in ISS6 is described in the
historical review being prepared by Z Y
Shepard. Chief Clerk Of the Patent Of
{ five The matter is to be incorporated in
the history Of the Patent Office, author
lied by the Commissioner of Patents
/ Mr. Shepard says:
The act of 1857 provided that any pat
ent thereafter to he issued might be
granted to the assignee Of the inventor.
IN assignment thereof having first been
entered Of record. and .the application
therefor being made and the specification
sworn by the inventor It also required
that in all cases thereafter filed. duPli-
I cate drawings should be furnished, one
/ to he deposited in the office and the 9TH
1 IT annexed to the patent and considered a
I part of the specification. In this law pro-
vision was made for disCiaiming the parts
/ Of a thing or process Of which the paten-
/ tee was not the first inventor. The Com
missioner was also required by the law of
! 1887 to report to Congress in January of
each year the expenditures Of the Office,
together with list of all the names of
/ the patentees, etc
J In March. 1888. the board Of examiners
provided for by the act Of 1896 was abol-
/ ished. and the act provided that instead
appeal might be taken from the Commits
I sioner to the Chief Justice of the District
! Court of the United States for the Dis
/ trict Of Columbia. Provision was made for
! filing bill in equity not only where pat
! ents were refused by the Commissioner
( but where refused by the Chief Justice Of
( the District of Columbia Each examiner
! decided interferences that arose in his
| division and reported them to the Com
missioner. This was changed on July l,
! 1850 by Commissioner Thomas, who des-
/ igflated one examiner who would deter
mine all interfercnces. This act OF 1879
/ appropriated 81, 900 out Of the patent FUND
I for the collections Of agricultural status
/ tics. distribution of seeds, etc, by the
/ Commissioner of Patents, which was reg
uTqrIv done until the establishment OF the
! Agricultural Bureau
IN TEMPORARY QUARTERS.
During the erection of the Patent Of
fee Building temporary quarters were
provided in the City Hall. in the spring
/ af 1870 the building was completed and
] the office moved into it The patented
models were then classified and exhibit
/ cd in suitable glass cases which were ar
ranged for the exhibition of models and
! specimens. In that year the balance III
/ fund WAS SI5.gp1
I ..The act Of August .. 1S42. provided for
( the issue of patents for the new and orig
inal designs for the term of seven years
! and for the taking Of the oath to the
! specification in foreign countries The
act of May =, 1873, abolished the board
/ for the extension OF patents and vested
The power in the Commissioner alone
/ The practice was for the Commissioner 10
refer the case to the principal examiner
in charge Of the same4sand grant or re
fuse the extension upon the examiners
report.
BY the act of March 3. 1919, the De
/ Tartment of the Interior was established
and the Patent Office attached thereto
/ This act appropriated $4,000 out of the
ratent fund 70 begin the east or Seventh
street wing. which was completed in 1852,
/ at a cost of 100000 $4,000 Of which was
taken from the revenues Of the Office
| When the wing was ready for occupancy
the Department Of the Interior took pos
! session The act Of August 81 1882, pro
y-ided a librarian at $500 for the Office,
and also appropriated $150,60G to begin the
erection of the west or Ninth Street wing
! The plans for the entire building as II
now stands were prepared in this year
In December. 1881. Commissioner Holt
fnaug7Irated a custom Of detailing exam
5ners to decide appeals ard at length ere
ated = permanent board Of three eEani-
rers. whose duty II was TO decide upon
( appeal all rejected cases and submit their
decisions to the Commissioner for MS
/ a-DrozaI. The act Of March ?. 1861, es-
/ tabIisbcd a board of three examiners IN
/ chief TO decide appeals from adverse de-
! cfsions Of the examiners No appeal fee
"a vT-.fg- two
/ by act of June 1866 An appeal from this
! board to the Commissioner was allowed
J on the payment OF a fee Of so No ap-
neal could be taken from the examiners
/ exccut in interference cases, until after
7 the application had twice been rejected,
and the second application was not to be
/ given until the applicant renewed the
oath The act Of March ?. 1851. also pro
/ yided that no money paid as fee on any
application for patent should be with
/ drassn or refunded. nor should the fee
I paid on fling a, caveat be considered as
/ = mart Of the fee filing a subsequent
/ application for the same invention The
right TO introduce new matter in the
I cas- was repealed by this act The right
to withdraw fee had been given to
! American applicants by the act Of 1896
/ The right was extended to foreigners ny
/ the act OF 1871. The right Of having a
/ caveat fee applied as a part of the sum
/ to be paid upon a subsequent application
was ri, en- by the act Of 1856. BY the act
/ OF 1851 all the Office fees were revised and
. the present rates established
THE LIFE Or \ PATENT
The term Of seven years for a design
! patent was changed by this act, allowing
the applicant to elect in his application
1 whether he would have the term three
and one-haff years. seven years, OF four
teen years. the fees being SIC. SIS. and so,
respectively. It was also enacted that
( aDuIications must be prepared for exam
I ination within two years after the filing
/ Of the petition in defauIt thereof they
1 were TO be regarded as abandoned, unless
/ il was shown to the satisfaction Of the
/ Commissioner that such delays were un-
/ avoidabIe BY the same act the term OF
! all patents was fixed as seventeen years.
( all extensions were prohibited, and the
/ Commissioner was authorized to print ten
| copies Of the specification and drawings
: Of all patents issued thereafter. Prior 20
this all copies were made 10y tracing or
/ by drawing.
BY the act Of March 3. 1865. it was en-
| acted That every patent shall be dated
OF a day not later than six months after
| the time at which 1t was passed and al
/ lowed and d notice thereof sent To the
/ applicant And If the final fee be not paid
/ within. six months, the patent shall be
! withheld and the invention become public
! property As against the applicant The
| requirement rs to the renewal Of this