Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-09
TO the issue of, patents, are not reviewed.
II unfavorabl9 the applicant can appeal
What He Could Do # Had Aid.


What He Could Do II Had Aid.
The commission believes that II the
commissioner Of patents were relieved
from deciding individual cases and had
the aid Of seven supervising examiners
he could prevent almost entirely the is
sue Of patents which would not be al
lowed If the commissioner had the time
and assistance necessary for supervising
the work of examiners.
The commission reaches the conclusion
that the defects in the organization and
procedure of the patent office result In
lack of uniformity in the work of the ex-
amning divisions. These defects are due
to the organization remaining the same
as II was fifty years ago. when the bust
ness of the office and the force OF ex-
amners were very small when compared
to the conditions at the present time
With corps of examiners numbering
nearly 400 IL is impossible for the COM
missioner of patents, with his present
duties of deciding cases on appeal. to give
to the administrative work of the office
the attention that Is essential
Abolish One Appeal.
The commission has recommended that
instead of an appeal to the board OF ex-
aminers-in-chief and a second appeal to
the commissioner OF patents the board be
increased from three to five members. and
all appeals within the Office be taken to
this board.
The commission recommends that tho
fee for filing an application for a patent
he Increased from SIS to $50 and supports
its recommends ton by the statement that
the fee of SIS is too small to warrant the
necessary time being given to the exami-
nation of an application. This change In
fee. 1t is estimated. will increase the an
nual revenues of the patent office
100000.
Term of the Patent.
An important recommendation is that
the life OF a patent be so limited as to
expire nineteen years from the date of
filing the application. excluding the time,
not exceeding two years, during which
an application may be involved in inter-
ference. The commission reports that I'M
der the law which allows an applicant
one years time in which to answer any
action of the patent Office there have
been many applications kept pending in
the patent Office for ten years or more.
The commission believes that the remedy
is to make the term of the patent como
-mence from the date of filing the appli-
cation. as is done in foreign countries.
Examining Applications.
The commission reviews at some length
the work of reclassifying patents and
digesting printed publications as an aid
to determining quickly and accurately
whether an applicant is entitled to a
patent. which work has been in progress
FOR some years. 1t urges an approprfa
ton for an adequate force to complete
this work within five years.
Raising the subscription price OF the
Official Gazette from s. to $40 is recon-
mended and a change in the method of
distributing copies of this publication to
: g a.
ed that instead of publishing in the
Gazette the first five claims of a patent.
q brief or summary of the patent be pub
lshed SO as to give a better idea of the
patent
1t is recommended that all the work of
producing the publications OF the patent
office be turned over to the government
printing office.
Subjects Not Reported On.
In concluding it's report the commission
refers to several subjects upon which 1t
was not authorized to make recommends
lions. such as the prop osal to create
United States court of patent appeals.
to have the jurisdiction in patent causes
now exercised by the circuit courts of
appeals in the nine circuits of the United
States 1t reports that the creation OF
this court is favored by practically all
the attorneys interested in patent causes
and by inventors generally.
Ait0OuSn IL makes no recommendation
upon the subject of the extent of the
monopoly granted by a patent or the
question of compelling a patentee to work
hts patent or grant license to others
to do So the commission sets forth in
an appendix the law and procedure Of
Germany and England on these subjects
with papers discussing the patent systems
II other nations.
Improving Patent System.
After review Of the history of the
United States patent system the commits
sion concludes that the remedy for the
evil of granting invalid patents is not to
be found In a departure from the plan Of
granting a patent only after examination.
but in perfecting the examination system
established seventy-six years ago and aft
erward adopted by other nations
The great development of our patent
system. shown by the filing of 10000
applications year and the grant of e, 900
patents. has made inadequate. says the
commission, the organization and pro-
cedure of the patent Office. as well as the
procedure in the courts. The commission
expresses the opinion that to meet the
conditions which cause complaint II will
De necessary to build UP the patent Of
Ece so as to justify making its decision
final on many questions and not allow
every question concerning the validity Of
4 patent to be litigated In the courts.
Then, it is said, a patent will be more
than a preliminary to lawsuit where
often the victory rests with the one who
IAN best bear the expense.