of its parts, with other previous inventions or things previously in use. He must point out and describe the extent of such collision and interference, that the applicant may have the benefit of the information in so shaping or restricting his claim of originality as not to trespass upon the rights of others. The applicant should also be referred to the sources of this information, that he may be able to satisfy himself on the particular points of interferThis frequently leads to a lengthy correspondence, before the applicant can be persuaded that his invention, or some rejected part of it, is not new. He often employs skilful and persevering counsel to urge and enforce by argument new views of the principles of his invention, who sometimes brings to his aid much mechanical astuteness. The examiner must also see that the specification accords with the drawing, and that the model is in conformity with both. ence. merce itself, has done much to advance the prosperity of the country. They have paid into the Treasury $156,907 73 more than has been required to meet the expenses of the office, including the salaries of the officers employed in it; and the committee cannot hesitate in recommending the appropriation of that balance to carry into effect the provisions of the bill which is herewith submitted. The sentiment is not an uncommon one, that the tax upon patents is both unwise in policy and unjust in principle. Inventors are public benefactors, contributing to the promotion and improvement of all branches of national industry, and, in most instances, without any adequate remuneration. Who has done more to enrich the South, nay, indirectly, the whole country, than Whitney? And what was his reward? Let the South answer. Evans and Fulton, with genius and talents never, while they lived, appreciated to their worth, died overwhelmed by embarrassments. Whittemore, it is true, was more fortunate; but An efficient and just discharge of these duties, it is obit was said that he availed himself of the mechanical gen- vious, requires extensive scientific attainments, and a genius of another, who lived and died in poverty and obscurity. eral knowledge of the arts, manufactures, and the mechanIt has not been the policy of our Government to draw a ism used in every branch of business in which improverevenue from patentees. The duty imposed was intended ments are sought to be patented, and of the principles emonly to meet the ordinary expenses of issuing patents. braced in the ten thousand inventions patented in the United Many believe that even that should not be exacted. It is States, and of the thirty thousand patented in Europe. levying a contribution upon science and ingenuity, which He must, moreover, possess a familiar knowledge of the cost the nation nothing, while they confer upon it impor- statute and common law on the subject, and the judic al tant benefits. decisions, both in England and our own country, in patent cases. This service is important, as it is often difficult and laborious. Here is the first check upon attempts to palm off old inventions for new, or to interfere with the rights of others previously acquired. This is also the source whence the honest and meritorious inventor may look for aid and direction in so framing his specification as that he may be able to sustain his patent when issued, and find security and protection against expensive and fruitless litigation. The measures to be adopted in selecting and obtaining the models, and many of the drawings, are matters of detail, involving such a variety of circumstances and considerations, that is impossible to make provision for them by law. That properly belongs and should be intrusted to a temporary board of commissioners. The sum required to replace the three thousand models, which would include all whose preservation would be most desirable, is estimated by the Commissioner at $100,000. The expense of transcribing and recording descriptions, specifications, drawings, and assignments, is estimated at $53,000. A judicious and economical expenditure of these sums, it is believed, will restore the records and models to the full extent contemplated by the provisions of the bill submitted. By the statement from the Treasury Department, (marked E,) it appears that the balance of the patent fund on the 31st December last was $156,907 73, including moneys received for patents and copies prior to the act of July, 1836, which, though not expressly embraced by the terms of that act, properly belong to that fund. This balance will cover the expenditures above proposed of $153,000, together with $3,100 for record books, desks, and other office furniture, as per estimate D, and leave a balance of $807 73. With such a restoration, and the addition of the specimens of fabrics and manufactures of various kinds which are in preparation in a number of the manufactories and workshops of the country, to be deposited in rooms in the new building, pursuant to the act of July last, we shall soon have less reason than is now apprehended throughout the country to deplore the destruction of this great national repository. In two or three years the number of models will be scarcely less, and their character and value in the aggregate greatly improved. It appears by the Commissioner that an additional examining clerk and also another copying clerk are necessary to keep up the increasing business of the office. The new duties assigned to the examining clerk make it a very responsible and laborious office. It is his business to make himself fully acquainted with the principles of the invention for which a patent is sought, and to make a thorough investigation of all that has been before known or invented, either in Europe or America, on the particular subject presented for his examination. He must ascertain how far the invention interferes, in any Suitable qualifications for these duties are rare, and cannot be obtained without such compensation as they readily command in other employment. It will undoubtedly be wise in the Government to affix such salary to this office as will secure the best talent and qualifications. Although an appeal is allowed by law, yet, if a high character is given to it, this will be the best, as it is the most appropriate tribunal for judging of these subjects; and its decisions commanding respect and confidence, there will be but little inclination to take exceptions to its judgment. Thus will be cut off a fruitful source of lawsuits, and our court calendars will cease to be crowded with cases arising out of the interfering rights of patentees. Meritorious inventors will be secure in their rights, and the public relieved from imposition and embarrassment. These are among the first of the objects and merits of the act of last session. It appears that about one third of all the specifications are found, on examination, to contain no new principle, and that three fourths of the residue are either too broad in their claims of originality, or are otherwise irregular or defective, and are required to be set right at the office, or sent back by the Commissioner for correction. Under existing circumstances, without written, pictorial, or model record of any kind, it is apparent that the business of the office must either stand still, or proceed under very great embarrassment, which can be relieved only by the early action of Congress on the subject. hundred and thirty-six, or in an assignment of any patent, or interest therein, executed and recorded prior to the said fifteenth day of December, may, without charge, on presentation or transmission thereof to the Commissioner of Patents, have the same recorded anew in the Patent Office, together with the descriptions, specifications of claim, and drawings annexed or belonging to the same; and it shall be the duty of the Commissioner to cause the same, or any authenticated copy of the original record, specification, or drawing, which he may obtain, to be transcribed and copied into books of record, to be kept for that purpose. And wherever a drawing was not originally annexed to the patent, and referred to in the specification, any drawing produced as a delineation of the invention, being verified by oath in such manner as the Commissioner shall require, may be transmitted and copied as aforesaid, together with the certificate of the oath; or such drawings may be made in the office, under the direction of the Coinmissioner, in conformity with the specification. And it shall be the duty of the Commissioner to take such measures as may be advised and determined by the board of commissioners provided for in the fourth section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being so transcribed and recorded. SEC. 2. And be it further enacted, That copies of such record and drawings, certified by the Commissioner, or, in his absence, by the chief clerk, shall be prima facie evidence of the particulars of the invention and of the patent granted therefor, in any judicial court of the United States, in all cases where copies of the original record or specification and drawings would be evidence, without proof of the loss of such originals. And no patent issued prior to the aforesaid fifteenth day of December shall, after the first day of June next, be received in evidence in any of the said courts, in behalf of the pattentee or other person who shall be in possession of the same, unless it shall have been so recorded anew, and a drawing of the invention, if separate from the patent, verified as aforesaid, deposited in the Patent Office; nor shall any written assignment of any such patent, executed and recorded prior to the said fifteenth day of December, be received in evidence, in any of the said courts, in behalf of the assignee or other person in possession thereof, until it shall have been so recorded anew. SEC. 3. And be it further enacted, That, whenever it shall appear to the Commissioner that any patent was destroyed by the burning of the Patent Office building on the aforesaid fifteenth day of December, it shall be his duty, on application therefor by the patentee or other person interested therein, to issue a new patent for the same invention or discovery, bearing the date of the original patent, with his certificate thereon that it was made and issued pursuant to the provisions of the third section of this act, and shall enter the same of record: Provided, however, That, before such patent shall be issued, the applicant therefor shall deposite in the Patent Office a duplicate, as near as may be, of the original model, drawings, and description, with specification of the invention or discovery, verified by oath, as shall be required by the Commissioner. And such patent, and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in any judicial court of the United States, and shall protect the rights of the patentee, his administrators, heirs, and assigns, to the extent only in which they would have been protected by the original patent and specification. SEC. 4. And be it further enacted, That it shall be the duty of the Commissioner to procure a duplicate of such of the models destroyed by fire on the aforesaid fifteenth day of December as were most valuable and interesting, and whose preservation would be important to the public; and such as would be necessary to facilitate the just discharge of the duties imposed by law on the Commissioner in is suing patents, and to protect the rights of the public and of patentees in patented inventions and improvements: Provided, That a duplicate of such models may be obtained at a reasonable expense: And provided, also, That the whole amount of expenditure for this purpose shall not exceed the sum of one hundred thousand dollars. And there shall be a temporary board of commissioners, to be composed of the Commissioner of the Patent Office and two other persons, to be appointed by the President, whose duty it shall be to consider and determine upon the best and most judicious mode of obtaining models of suitable construction; and, also, to consider and determine what models may be procured in pursuance of, and in accordance with, the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms, and conditions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provisions of this section into effect according to its true intent. SEC. 5. And be it further enacted, That whenever a patent shall be returned for co.rection and reissue under the thirteenth section of the act to which this is additional, and the patentee shall desire several patents to be issued for distinct and separate parts of the thing patented, he shall first pay, in manner and in addition to the sum provided by that act, the sum of thirty dollars for each additional patent so to be issued: Provided, however, That no patent made prior to the aforesaid fifteenth day of December shall be corrected and reissued until a duplicate of the model and drawing of the thing, as originally invented, verified by oath, as shall be required by the Commissioner, shall be deposited in the Patent Office. SEC. 6. And be it further enacted, That any patent hereafter to be issued may be made and issued to the assignee or assignees of the inventor or discoverer, the assignment thereof being first entered of record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, one of which to be deposited in the office, and the other to be annexed to the patent, and considered a part of the specification. SEC. 7. And be it further enacted, That the Commissioner is hereby authorized and empowered to appoint agents in not exceeding twenty of the principal cities or towns in the United States, as may best accommodate the different sections of the country, for the purpose of receiving and forwarding to the Patent Office all such models, specimens of ingredients, and manufactures, as shall be intended to be patented or deposited therein; the transportation of the same to be chargeable to the patent fund. SEC. 8. And be it further enacted, That, instead of one examining clerk, as provided by the second section of the act to which this is additional, there shall be appointed, in manner therein provided, two examining clerks, each to receive an annual salary of dollars; and also an ad - dol ditional copying clerk, at an annual salary of lars. And the Commissioner is also authorized to employ, from time to time, as many temporary clerks as may be necessary to execute the copying and draughting required by the first section of this act, who shall receive not exceeding cents for every page of one hundred words, and for drawing such reasonable compensation as shall be agreed upon or prescribed by the Commissioner. SEC. 9. And be it further enacted, That, whenever the application of any foreigner for a patent shall be rejected and withdrawn, for want of novelty in the invention, pursuant to the seventh section of the act to which this is additional, the certificate thereof of the Commissioner shall be a sufficient warrant to the Treasurer to pay back to such applicant two thirds of the duty he shall have paid into the Treasury on account of such application. Patent Office. SEC. 10. And be it further enacted, That all moneys paid into the Treasury of the United States, for patents and for fees for copies furnished by the Superintendent of the Patent Office, prior to the passage of the act to which this is additional, shall be carried to the credit of the patent fund created by said act; and the moneys constituting said fund shall be, and the same are hereby, appropriated for the payment of the salaries of the officers and clerks provided for by said act, and all other expenses of the Patent Office, including all the expenditures provided for by this act, and also for such other purposes as are or may be hereafter specially provided for by law. And the Commissioner is hereby authorized to draw upon said fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act; governed, however, by the several limitations herein contained. And it shall be his duty to lay before Congress in the month of January, annually, a detailed statement of the expenditures and payments by him made from said fund. $150,830 15 6,077 58 [24th CoNG. 2d SESS. Question 1. "Did any of the records of the office, or original specifications, drawings, or models, belonging thereto, survive the recent conflagration ?" Answer. The rapidity of the conflagration prevented all access to the office, and, consequently, there is a total loss of models, drawings, records, and, indeed, papers of every kind. 2. "How many volumes of records and other official documents and papers, and how many portfolios of drawings, were destroyed? Please state the number of each description or class of records, documents, and papers." Answer. There were 168 volumes of records; these are particularly described in schedule A, annexed; and there were 26 portfolios, containing 9,000 drawings. 3. What number of volumes were there belonging to the library of the office, and what their cost or value? Please furnish a schedule of them. Can they be replaced?" Answer. The number of volumes in the library were about 230, and cost $1,000. These can all be replaced. For inventory, see schedule B. annexed. 4. "What was the whole number of models destroyed, and what was the probable expense of their construction; that of the most expensive and valuable, and the average of all ?" Answer. The whole number is about 6,000 patented and 1,000 unpatented. It is impossible to make an approximate estimate of the original cost of these models, on account of the great expense patentees have, in most instances, incurred in constructing and reconstructing, and making various experiments and alterations. 66 5. Were there any, and how many, new unpatented models in the office, with applications for patents, on which patents had not been issued? Answer. There were 250 which had been received under the new law, of which about 100 would have been patented and 150 rejected for want of novelty. 6. "Were there any and how many patents in the office returned, for reissue, under the 13th section of the patent law, on which reissues had not been made ?" Answer. Five patents. 7. "What other effects belonging to the office were lost by the fire?" Answer. All the furniture, model-cases, stationery, and fuel, per schedule C. 8.What is your opinion of the practicability of ob taining faithful duplicates of the more valuable and interesting models destroyed, and what portion of those lost would be necessary or desirable to exhibit the progress and rising gradations of mechanical science in this country, or be important and useful in facilitating the discharge of the duties imposed by law upon the officer and other tribunals appointed to decide the various questions of novelty in inventions ?" Answer. A faithful duplicate of most of the important models that were destroyed can, it is believed, be obtained. $156,907 73 Three thousand models of select and valuable inventions would go far to restore that department of the office to a condition that would be both gratifying and useful. I. L. SMITH, Register. TREASURY DEPARTMENT, Register's Office, January 7, 1837. The great importance of a set of models that exhibit the gradual progress and state of the useful arts is self-evident. It is due to the inventor and to science. Among the old models destroyed many were not, and never would be, practically useful; but, notwithstanding this, it is important that some of them should be restored. They exhibited the progress of inventions; they often furnished the groundwork of important improvements. Fulton's improvements on the steamboat is a strong illustration. His improvements were based upon inventions that had been abandoned as utterly useless. Models are also useful as beacons to subsequent inventors. Many individuals have been saved years of labor and great expense by a few minutes' examination in the Patent Office. But another great benefit of these models is to enable the office to decide upon the novelty or originality of inventions. Inventors are exceedingly tenacious, and will not yield to corrections unless furnished with substantial testimony. The models are important to applicants when examining the probability of success before filing their papers for a patent. Without models, no information can be had except by a correspondence extremely onerous and expensive to Government. I may add, that, such is the importance of models that, without a sufficient number to exhibit a connected series of inventions, it seems utterly impossible to execute the duties of Commissioner as the law requires. 9. What would be the average expense of their construction?" Answer. The average expense of 3,000 models may be estimated at from 30 to 40 dollars each. 10. "Generally, what are the evils apprehended from the loss of the models and records, and what remedy does your experience in the office and knowledge of its concerns suggest as practicable and apppropriate?" Answer. This calamity, so sudden and extensive, seems almost to justify despair. The Patent Office had been reorganized, the papers and models classified anew, and a library partly collected; all is gone, and not a vestige remains. My anxiety to save the records and drawings induced me to make several efforts to force my way through the fire to reach the door of the Patent Office, but in vain. For a short time I doubted what could be done to repair the loss. I am happy to say that I believe personal effort, aided by the fostering hand of Government, can do much, and that the remedy will be coextensive with the means used. Permit me to remark that few persons can realize the anxiety, the suffering and litigation, that may arise from this calamity. The hopes of thousands who have spent their all in advancing the arts of our country depend on the continued protection of the patent law. The claims of the patentees are great, and not less imperious than just. Already have they paid into the Treasury $160,000 over and above all expenses attending the Patent Office since its first organization; and hence it cannot be doubted that the means will be granted to restore, as far as possible, the losses now sustained. What, then, can be done? The evidence that is lost should be immediately supplied. The number of patents granted are about ten thousand; most of these can be obtained and recorded again. In all cases where duplicate drawings were furnished, one will accompany the patent, and can be copied. The deficiency of important drawings (if lost by the patentee) will be remedied in part by procuring some of the numerous copies furnished by the office, during the last forty years, for examination or litigation. Besides, the valuable inventions here have been, some of them, patented in Europe, and are found in foreign journals. The journals of our own country contain also many patents. A complete list of all patents issued can be procured. Interest will compel patentees and assignees to send in their patents for record in cases where the patent has not expired, and as those who have unexpired patents possess many expired ones, upon which improvements are made, it is believed 6,000 patents can be procured without much delay. If a law was passed requiring patents and assignments, hereafter introduced as evidence, to be recorded subsequent to the 15th December, 1836, this would secure a ready record of unexpired patents. To induce patentees to send in their original papers, the Government must give assurance that the same shall be safely kept and transcribed and returned without delay. To inspire this confidence in patentees, I have, through the kindness of the city authorities, obtained accommodations in the city hall, where fire-proof rooms are furnished both for the office and models. I rejoice to say no danger can be apprehend ed here from fire. One inconvenience complained of by patentees is the trouble and expense of transporting their models from distant parts of the country to Washington. To obviate this, I would respectfully suggest the expediency of receiving the models at certain depots in each State, to be forwarded at the expense of the Government. If Government would defray this expense of transportation, and provide the means of constructing such as are deemed absolutely necessary, I feel confident a more complete if not so extensive a collection can, within a few years, be had again. Many manufacturers were, prior to the late fire, preparing to send to the new Patent Office fabrics and manufactures receivable under the new law, and for which room is to be provided in the new building. I may safely add, that such is the gratification of manufacturers and inventors at the facilities afforded by the new patent law for a display of their ingenuity, that the new building, with what may be replaced, will not only be filled immediately, but will surpass any thing of the kind in Europe. This calamity, I have remarked, can be chiefly repaired by exertion; and I ardently hope that Government will appropriate the balance due the patent fund, and more, if necessary, to accomplish this object. The number of recording clerks will require the appointment of a few temporary clerks to compare the records, when made, with the original. An appropriation will be immediately needed to restore the loss. If this appropriation is made, patentees will be stimulated to high effort, and those in the office will be cheered in their struggle with surrounding difficulties. An appeal, if necessary, might be made to the pride of the nation. American inventors have proved to the world that the arts and sciences can flourish in free Governments. The names of Fulton, Whitney, Whittemore, and many others, will be held in grateful remembrance; and since the greatest inventions, however useful to the world, have been of little benefit to the inventors themselves, it is due to their memory, as citizens, to exhibit the efforts they made to advance the arts. Many of the most valuable improvements in labor-saving machinery have been copied in Europe from the United States. No foreigner withholds his surprise at the improvements and progress of the arts, as exhibited in the Patent Office. Had not the patentees equitably a surplus of $160,000? If our country was oppressed with debt, even then a small grant of land, or its equivalent in scrip, would repair the loss. Can there be an American citizen to object to an adequate appropriation for this high purpose? 11. What alterations, if any, has your experience as Commissioner suggested in the provisions of the act of July, 1836, regulating and reorganizing the Patent Office?" Answer. So far as my experience extends, I hesitate not to say that the patent law is generally approved, and highly beneficial. It is equally advantageous to the public and the patentee. The former are defended from imposition, while the latter enjoy higher protection. Before the late law there was security for neither. The Patent Office only examined names and dates, and granted all applications presented in proper form. Of course, duplicates and triplicates were issued for the same inventions. The rights of parties were referred to the legal tribunals, and in the mean time spurious claims were selling throughout the United States. The traffic in spurious patents will, it is hoped, be greatly lessened, and litigation, with her attending evils, be also diminished. Since the reorganization of the Patent Office in July, there have been presented about four hundred applications; ninety-five patents only have been issued; one hundred of the cases had not been examined. Some cases were rejected, others were returned for correction and alteration. From past examinations, I think about one third of the Patent Office. applications will be rejected, and three fourths of those finally granted will be materially altered, in consequence of being found, on examination, to claim more than is original, and thus come in collision with the rights of others. Sixty caveats have been entered, and the number will increase as soon as the law is more generally understood. A doubt was entertained by the Commissioner of Patents whether, on the surrender of an old patent, more than one new patent could be reissued. The Attorney General has decided that several patents may be granted on a single patent surrendered. To guard against any inducement to defraud the revenue, each patent granted, (if more than one,) on a surrender, might be taxed thirty dollars. It is respectfully suggested whether it would not be well to authorize the repayment to foreigners of two thirds of the patent fee required of them when a patent is desired, for want of originality, as in the case of citizens. The number of foreign applications is increasing. The new law was passed the last day of the session, and no other appropriation has been made to meet the expenses of the office, except the general provision of the law making the patent fund chargeable with all the salaries and other expenses. The appropriation under the old law could not be drawn, since all expenses accruing were chargeable to the new fund. The force in the office has been found insufficient to keep up the current business. I apprehend it was the design of the committee who reported the bill to increase the force in the office, but this was not done; and while the duties of the office have been greatly enlarged, no additional help has been allowed. Permit me to say that the current business of the office was, with some extra assistance, all brought up at the time of the fire, with the exception of the files on the examiner's desk, and that the receipts of the Patent Office since July have exceeded, by 7,000 dollars, all expenses since that period. All [24th CoNG. 2d SESS. One day book. Three volumes heads of patents. Four volumes list of models. One volume entries under new law. B. destroyed. Dobson's Encyclopedia, Silliman's Journal, Transactions of the Society of Arts, I would respectfully recommend the appointment of one additional clerk, and, also, another examiner. This office of examiner is a responsible station. No one can perform List of books in the Patent Office library which have been these duties without skill and experience. The duties of examiner must be great. Each application must be compared with caveats on file; with pending applications; with patents, models, and drawings, expired and unexpired; and, also, with foreign works on the matter of inquiry. this must be done to ascertain the novelty in the application. After this, the specifications, drawings, and models, must be examined, and made conformable to the law. Some specifications are very intricate and lengthy. A specification was nearly completed, when the fire broke out, which contained sixty pages of parchment. In a late petition for a patent for a rotary engine, three caveats were found interferences; and each caveat, in its general principle, interfered with patents granted in this country, and also in Europe. A tedious examination was necessary to determine the novelty and priority. In this examination, many volumes (some in foreign languages) were referred to, and, although each applicant will be compelled to narrow his claims, yet each may have sufficient merit for a patent. It is certainly desirable that the examinations should be so carefully made as to give satisfaction to the applicants and to the public. An appeal is allowed from the decision of the Commissioner; but this has never yet been claimed. Another examiner will give additional satisfaction, and greater despatch. One hundred cases remained on the files of the examiner at the time of the fire, and were of course consumed. It may be remarked that, if the duties of examiner are confined to a single individual, his sickness or absence must suspend the operations of the office. I will only add, this is certainly the favorable moment to make an effort to repair the loss. Interest, sympathy, and patriotism, will unite. Justice demands all the reparation that can be made. Government has received from industry and ingenuity their choicest tribute. She confided the United States Dispensatory, mencement, Railroad Magazine, Webster's do. 12 volumes. 70 do 26 do 25 do 30 do Nicholson's Dictionary of Architecture, Some odd numbers of Gill's Technology. 722 $1,000 00 |