1. these originated in the desire of the founders of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus to genius, and the power to grant patents was expressly bestowed on congress. that this was a very wise forethought there is no doubt. the hope of reward has given birth to innumerable inventions, among which some have been of incalculable value to the country, increasing its wealth almost beyond our power to estimate. it is, however, worth considering if there may not be a limit to the usefulness of the system, in its present form, in the changed conditions of the country. it is often the case that what accomplished the greatest good in its proper day, is at length outgrown, and becomes an embarrassment, requiring to be either essentially modified or laid aside.

2. a patent right is an exclusive right, granted by an officer denominated the commissioner of patents, in conformity to law, to the inventor or discoverer of any new and useful article. the exclusive right is conferred by acts of congress, on compliance of the inventor with certain conditions which are clearly specified in the law. the evidence that such exclusive right has been conferred on any individual, is contained in a document, called “letters patent,” issued at the patent office in washington; signed by the secretary of the interior, (formerly by the secretary of state), countersigned by the commissioner[337] of patents, and sealed with the seal of his office. thus protected, he alone can make, use and sell the article he has invented, for the term of fourteen years; and upon showing a good reason therefor, the commissioner will extend the term seven years longer, or congress will pass a special act for that purpose.

3. this was the law up to 1861; and is still in force as to patents granted anterior to that date. but a new act was then passed, extending the term of an original patent to seventeen, instead of fourteen years, and prohibiting any extension of such patents.

an inventor, before he can obtain a patent, must swear that he believes he is the inventor or discoverer of the art, machine, or improvement, for which he solicits a patent. he must also give in writing a clear, minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before, or his application will be rejected. there is considerable expense attending the procurement of a patent right.

4. but when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. any person doing so is liable to a heavy penalty, and may be prosecuted in the circuit court of the united states; this court having original jurisdiction in all cases arising under the patent laws. but a writ of error or an appeal lies to the supreme court of the united states.

5. the patent office, when first established, was a bureau of the state department, and the commissioner of patents acted under the direction of the secretary of state. but after the creation of the department of the interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.

[338]

the commissioner of patents

6. is appointed by the president and senate. his duties are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be “to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed.”

he has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. he has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the principal cities and towns in the united states. it is their duty to forward to the patent office all such models, specimens and manufactures, as shall be intended to be patented.

7. in cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the chief justice of the district court of the united states for the district of columbia. there is a seal for the patent office, which the commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.

he is also authorized to publish a classified and alphabetical list of all patents issued at the patent office. this he frequently does, for the information of the public.