PREFACE The system governing the practice before the United States Patent Office is unique. There is, First, The Constitution; Second, The Statutory Law; Third, The Decisions of the Courts; Fifth, The Decisions of the Commissioners. These are interdependent and should be considered in the order named. This book relates to that part of the practice which is governed by the rules and the constructions that have been placed upon them by the decisions of the Commissioners and the Courts. It contains the data of the daily practice, often arbitrary, without which there would be an unnecessary burden on the memory of the practitioner. These notes have been a gradual growth commencing twenty-five years ago and kept up to date by the adding of current constructions. From these the reader gets a view from the inside as well as from the outside of "The Office". Our Patent Office Practice is still incomparably the best in the world. Let us keep it so. The difficulties* of the judges in comprehending the facts involved in patent cases, which have been cumulative with the increasing complexity of the Arts and Sciences, have somewhat weakened the authortiy of their opinions. Pending legislation proposes to remedy this. May 1, 1920. E. J. STODDARD. *"Neither courts nor ordinary juries are perfectly adapted to the V investigation of mechanical and scientific questions."-Cochrane v. Deener, 11 Brodix, 333 (Supreme Court, 1877). "The defense of want of invention in the Diddell machine is not urged here because it is said that the decision of that question depends upon mechanical comparisons too numerous and complicated to be conveniently made by a bench of judges."-Continental Paper Bag Co. v. Eastern Paper Bag Co., 136 O. G., 1297 (Supreme Court, 1908). "How long we shall blunder along without the aid of unpartisan and authoritative, scientific assistants in this administration of justice, no one knows; but all fair persons not conventionalized by provincial legal habits of mind ought, I should think, unite to effect some such advance."-Judge Hand in Park Davis & Co. v. Mulford Co., 189 F. R. 95–115. "The truth is that the worst effect of the existing situation is that it undermines confidence. It demoralizes the Bar. A lawyer does not know how to advise his clients. It tempts both attorney and client to take chances. The law-abiding citizens, who want to obey the law, who want to respect valid patents, but do not want to be terrorized into acquiescence in invalid patents, do not know what to do and can not find out. There is but one remedy and it is in a single court of last resort in patent causes.”—Judge Robert S. Taylor, Chairman, Committee of American Bar Association. "It is a travesty on justice to try to patent cases before a judge, who is not a mechanic nor a patent expert and who has no imagination, who can not picture the improvements that certain changes will make in the development of an art and who can not connect the operation of the invention with the practical work in a factory."Commissioner, James T. Newton (Present Commissioner). |