Journal

OF THE

Patent Office Society

Published monthly by the Patent Office Society Office of Publication 3928 New Hampshire Ave., Washington, D. C. Subscription $2.50 a year Single copy 25 cents

EDITORAL BOARD.

E. C. Reynolds, Chairman and Editor-in-chief.

G. P. Tucker.

N. J. Brumbaugh.

S. F. Smith.

M. L. Whitney, Business Manager (Room 57, U. S. Patent Office.) 3928 New Hampshire Ave., Washington, D. C.

N. E. Eccleston, Circulation.

Entered as second class matter, September 17, 1918, at the post office at Washington, D. C., under the act of March 3, 1879.

Publication of signed articles in this journal is not to be under stood as an adoption by the Patent Office Society of the views expressed therein. The editors are glad to have pertinent articles submitted.

VOL. VI.

NOVEMBER, 1923.

No. 3.

The careful preserving instinct which is inbred in the New Englander sometimes is of benefit to others. A recent examination of the catalogue of books in the Connecticut State Library at Hartford brought to light a circular dated March 5, 1811, issued by William Thornton, then at the head of our Patent Office, giving information as to how to apply for a patent. This pamphlet has been carefully preserved all these years by the librarian and has been the source of information until the issuance in 1922 of a more up to date circular of information concerning patents by this office.

Mr. Goddard, the librarian, has been good enough to furnish us a copy of Dr. Thornton's pamphlet, which is reproduced below. Even after a hundred and twelve years, much of it has a modern tang.

PATENTS.

Patent Office, MARCH 5, 1811.

Having the honor of directing or superintending the important duties of issuing patents for arts and inventions, I have thought it a duty to my fellow citizens to publish a few lines of information, to facilitate the mode of acquiring patents, by which many may be enabled to dispense with long journies to the seat of government, or troubling their friends with a tedious correspondence. Viewing with astonishment the inventions of my countrymen, I cannot contemplate them without being impressed with the idea that no nation on earth surpasses them in genius. Even the unlettered inhabitants of the forest have perfected inventions that would have done honor to Archimedes; and I reproach myself for not having published, long ago, a few directions how to proceed in securing the advantages of the efforts of their talents.

Before an application be made for a patent, I would advise the inventor to examine well the dictionaries of the Arts and Sciences, the Repertory of the Arts, and other publications that treat of the mechanic arts, to endeavor to ascertain if the invention be new; also to make enquiry, of scientific characters, whether or not the invention or discovery be practicable. These previous inquiries will sometimes prevent great trouble, and save the expense of much time, labor and money, for a patent does not confer rights where just claims do not exist, and as there is at present no discretionary power to refuse a patent, even where no just claim exists it may appear

* Except in the cases of interfering claims, till such claims have been settled by reference, according to the 6th section of the Law, vol. 2, p. 204.

proper to caution the purchaser of patents rights against the supposition that the invention patented, is always valuable, or new, or that it interferes with no previous patent. The respectable names of the president, the secretary of state and attorney general, are requisite to give validity to a patent; but ought never to be considered as an evidence of the originality or utility of the invention. The issuing of patents is grounded, not only on a desire to promote the progress of useful arts, but also to prevent the loss of valuable secrets; for many have been buried with the inventors, previous to the organization of this system of protection for the property of talent, mind and genius. Formerly the arcana of any profession were withheld from the tyro; his initiation was gradual and secret, and the caution with which inventors worked, to prevent the infringement of unprotected rights, confined many important inventions to limits too narrow to materially benefit the inventors or the world; at present the law grants a monopoly to the inventor for a limited time, provided the art, invention, discovery, or machine be truly explained, deposited and recorded, for the benefit of mankind, when the time limited has expired; and the patent is not only an evidence that the inventor has formally confided his secret to the public, but also a declaration of the protection of the right from infringement: nevertheless, of the infringement of the right, by others, a jury of the country is only competent to decide.

As it can be mathematically demonstrated that no human invention can produce a machine capable of undiminished power, or power regenerating itself, and forming what is called a perpetual motion-an operative model will be demanded for every such attempt, before a patent can be granted: otherwise no proof can be given of its being what its name designates, and for which a patent is demanded. It is hoped that this will prevent many ingenious, but unlearned men, from attempting what the scientific know to be impossible. Some set out by searching, through levers and large wheels, to increase power; forgetting that this is to diminish velocity

-then they multiply and diminish the power to give velocity; this brings them to the point whence they set out-thus it is considered as an axiom in mechanics, that to increase power is to diminish velocity, motion or action, and vice versa. They must also consider that man, in all his operations, works against gravity and friction. A perpetual motion is therefore only considered as a perpetual notion; and ought never to be attempted till the sun rise in the west!

The general law concerning the issuing of patents will be found in the second volume of the laws of the United States, page 200. This law provides for citizens only; but a subsequent law (vol. 5th, page 88) provides also for applicants who have resided two years or upwards in the United States, and who are not citizens.

In applying for a patent, it is necessary to attend to every legal form; for, in consequence, of inattention to forms only, some of the patents issued formerly, have, in courts of law, been declared to be null and void.

MODE OF APPLICATION.

Every inventor, before he presents his petition to the secretary of state, signifying his desire of obtaining a patent, shall pay into the treasury of the United States thirty dollars, for which he will be furnished with duplicate receipts, one of which he shall deliver to the secretary of state, when he presents his petition; and the money thus paid shall be in full for the sundry services to be performed in the office of the secretary of state consequent to such petition. This petition must be addressed to the Secretary of State, and may be in the following, or in a similar style:

*Oliver Evans's was among the number.

See laws of the U. S. vol. 2 chap. xi § 11 p. 205.

Notes on the bank of the United States.