Evening star., 1952-09-05
Moy Take ; Years
To Clinch Rights
On New Godgets
By Hugh Humphrey
What's new?

everything, Tile OL1ce currently is
running about 10 months behind
schedule. If the flood of applica-
tionS continues at it's present rate,
things won't get any better.
Maybe you've got an idea for q
patent. If so. it'll take more pa
tience than fortitude before you
actually get it through. Figure on
about three years. and you'll be
safe.
First, you wait about 10 months
for your application to take its
turn in the processing line. Then
a patent examiner spends several
hours determining If it's new and
if your claims for it are valid.
You must make claims.
II you're lucky-few embryo in
ventorS are-the examiner will ap-
prove your application without
further ado. He'll send a letter
requesting the $50 patent fee. and
you'll have six months to settle
with him. After receipt of your
payment, you'll get your patent
in about five weeks.
Questions in Order.
But. If you're the average ap-
plicant, there1l be bugs in your
invention-things an experienced
technical expert can't understand.
He'll write a letter, asking q
full explanation of your claims.
You've got six months to answer
and another 10-month wait for q
second processing.
If you're running true to form,
your explanation still isn't going
to satisfy the examiner. It1l be
the same story again; and then,
if you've convinced the Patent Of
flee. you'll be a full-f1edged in
ventor in somewhere between 30
months and three years.
There's a method behind all this
madness. The first
American patent was issued to one
Samuel Winslow in 1641 for a salt
making process. Fifteen years
later. John Winthrop figured out
another method and received a
patent on salt making latter his
new way"
In 1916, the first American pat
ent on a mechanical invention was
granted to Joseph Jenkes for mill
machinery. After that, Yankee in
genuity grew by leaps and bounds,
and by the time of the constitu-
tional convention in 1887, things
were in a mess. The States had
been issuing patents individually,
and the overlapping was terrific.
One of the first matters to be
considered by the convention was
a Federal law on patents. enacted
in 1790.
Examiner Jefferson.
A fairly well-known American
gadgeteer, one Thomas Jefferson,
in effect became the Nations first
patent examiner. Under the law,
a patent board was organized,
consisting of the Secretary of
State. the Secretary Of War and
the Attorney General. Jefferson
was top man as Secretary of
State.
Since 1890, more than 2.5 million
patents have been issued in the
United States. It's not easy to
search through that many regis
trations to establish the originality
Of an invention. All patents ex-
pire after II years-very few are
renewable in their original form
but an application must not
overlap even those that have ex-
pired. You can't get a patent on
anything that has been described
in printed publications, no matter
how old.
And don't think you'll get q
patent on an atomic energy ma
chine. They're outlawed by the
Atomic Energy Act. II you've
come up with something in that
line. the Government will take it
over and pay accordingly, but no
patent rights are obtainable.
Profitable Office.
There are lot of headaches in
the Patent Office, but the biggest
pain is hard work." examiners
say. In the Office, located in the
Commerce Department Building
at Fourteenth street and Con-
stitution avenue NV, Patent
Commissioner John A. Marzall
directs the activities of nearly
1000 engineers and technicians
and an equal number of legal ex-
perts and clerks. Because Of the
$50 patent fee and other revenue
from services and publications,
Mr.. Marzall. who lives at 1000
Cathedral avenue NV. shows a
profit for the Government each
year. But his crew doesn't make
it the easy way.
They're handling q big job. Pro-
tecting private enterprise from
encroachment by competitors is
a full-time task. Not only must
the staff be able. to spot flaws in
patent applications, but in many
cases, personal Judgment is neces-
sary. No slide-rule system will
apply.
If an inventor applies for a pat
ent and two months later an
other application is filed, it's up
to the Patent Office to decide
which Of the two inventors was
first with the idea. One may prove
that he started work 10 years be-
fore filing; but after q long inves-
tigation, the second man to file
may be able to show that he
actually was first. The Patent
Office has to make the final de-
cision.
4 1