87. The patent system of the United States is based upon the first Article of the Constitution, which says:

"The Congress shall have power to promote the progress of science and the useful arts by securing, for limited times, to authors and inventors the exclusive right to their respective writings and discoveries."

Letters patent, securing this exclusive right, and extending to all the States of the Union, are granted by the federal Government. The Patent Office, from which they issue, is attached to the department of State, and its chief officer, "called the Commissioner of Patents, is appointed by the President, by and with the advice of the Senate."

All patents are issued in the name of the United States, signed by the Secretary of State, and countersigned by the Commissioner of Patents.

"All actions or suits, arising under any law granting or confirming to inventors the exclusive right to their inventions or discoveries, are originally cognizable by the Circuit Courts, and an appeal lies to the Supreme Court of the United States."

The Patent Office is conspicuous among the public buildings of Washington for the beauty of its architecture; it is built of white marble, and modelled after the Parthenon at Athens. When completed, it will be quadrangular, having a frontage of 413 feet, with a depth of 280 feet, and inclosing an open court, having an area of 270 feet by 112 feet. The principal entrance leads into a hall, round which are ranged glazed cases, containing models of inventions. From the right of the hall branches off a passage, on each side of which lie the various offices of the commissioner, examiners, and clerks, and the library. On the left are three large rooms, appropriated to the reception of models of all the inventions patented in the United States. At the extreme end of the hall is a double staircase leading to the superior apartments, one of which is used as a museum.

The various departments have each their respective offices; in some the applications for letters patent are received, in others the alleged inventions are examined (each examiner taking some particular subject), in others the drawings and specifications are preserved in portfolios, which slide on rollers in deep cases. There is also an extensive library, to which large additions are being continually made, for official use, and the convenience of applicants for patents.

The model-rooms contain upwards of 23,000 models, arranged in large

glass cases, but there is no catalogue to assist or guide those who search for any particular model that may be required for inspection.

It not unfrequently happens that the subject of a patent undergoes considerable modification in the case of "additional improvements" being added, or when the letters-patent are "re-issued," so that the model in such a case does not eventually represent the invention for which the patent is virtually granted, and is therefore useless. If, however, the models were to be so classified that those which are valuable were separated from those which are worthless, and arranged in appropriate and distinctive series, they would then exhibit, step by step, the progress which had been made in the particular art or manufacture to which they belong, and with the aid of a well-digested catalogue they would be of great national utility... But an assemblage which comprehends indiscriminately models of every patented invention must, sooner or later, become so large that confusion only can result, and all practical purposes of utility must be defeated.

The models of the inventions for which patents have been refused are kept in the basement vaults, and it is doubtful if they serve any purpose sufficiently useful to repay the trouble of preserving them.

88. The Official Staff of the Patent Office is at present composed of

The total amount of official salaries was, in 1852, $56,064 (about £11,200). The amount of business transacted in the office in 1852 will appear from the following statement:-.

In order to convey a general idea of the different classes of invention for which the patents were granted, and the number in each class during the year 1852, they will be given in the classified form adopted in the Patent Office.

2. Metallurgy manufacture of metals, and instruments therefor

3. Textile manufactures and machines for preparing fibrous substances
4. Chemical process manufactures and compounds, including medi-
cines, dyeing, colour-making, distilling, soap and candle-making,
mortars, cements, &c.

114

125

69

50

5.

Calorifics, comprising lamps, fireplaces, furnaces, stoves, prepara-
tions of fuel, &c.

50

6. Steam and gas-engines, boilers and furnaces

7. Navigation and maritime implements, vessels, diving apparatus,
life-preservers, &c.

8. Mathematical, philosophical, and optical instruments, clocks, &c..

G

36

23

27

Class 9. Civil engineering and architecture, and apparatus employed on

railroads, bridges, waterworks, &c.

10. Land conveyances, roads, vehicles, wheels, &c.

11. Hydraulics and pneumatics, water-wheels, wind-mills, apparatus
for raising or delivering fluids.

16

12. Lever screw, and mechanical power applied to pressing, weighing,
raising and moving weights

19. Fire-arms, implements, and munitions of war

13. Grinding-mills, gearing, grain-mills, and mechanical movements
and horse powers

,, 14. Lumber-machines for dressing wood

دو

15. Stone and clay manufactures, pottery, glass, bricks, stone-dressing,
cements, &c.

..

,, 16. Leather-dressing and manufactures, boots, harness, &c.

,, 17. Household furniture, domestic implements, feather-dressing mat

18. Fine arts, music, painting, sculpture, engraving, books, paper,
printing, binding, jewellery

20. Surgical and medical instruments, trusses, bathing apparatus, &c.
21. Wearing apparel, toilet articles, and instruments for manufacturing

them

..

Designs, &c.
Patents issued

89. Persons entitled to Apply for Letters Patent.-An original inventor only is entitled to apply for a patent; the mere introducer of an invention has no claim whatever.

Every applicant is required to make oath "that he verily believes himself to be the true and first inventor," and whenever it appears that the inventor did so believe at the time of his application, the subsequent discovery that the invention had been used abroad will not invalidate his patent, provided it does not appear that the invention had been patented, or described in a printed publication.

If the inventor shall have assigned his entire interest previous to the application, and the assignment has been recorded in the Patent Office according to law, the patent will be issued to the assignee, but the inventor must still sign the application.

Upon the decease of an inventor, his legal representatives may (on the same conditions on which the inventor, if living, would stand) obtain a patent for the benefit of his heirs or devisees, even though the inventor had not during his lifetime taken any steps towards securing a grant.

Foreigners who have resided for one year previous to their application, and have made oath of their intention to become naturalised, have all the privileges of citizens.

90. Subject-matter of Letters Patent.-It has been said that a patent is only granted for a bond fide invention, and not for a mere introduction.

In other respects there is not much difference between the law of England and that of the United States.

It should be remarked, however, that all applications for grants are rejected in which the examiners of the Patent Office believe that they can discover any "double use," that is, an application of an old contrivance to a new purpose: so rigidly is this rule followed out, that in some instances patents have been refused for inventions confessedly valuable, and producing new manufactures, because in totally different branches of manufacture inventions somewhat similar had been already patented.

The law of the United States holds as good subject-matter for a grant:"Any new or useful art, machine, manufacture or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter."

With regard to prior use, an inventor has very extensive privileges in the United States.

He may, during the period of two years, publicly use, and even sell his invention, without invalidating a patent obtained at the end of that time; but

a public use for a longer time is considered as an abandonment of his discovery to the public.

A prior discovery will not invalidate a subsequent patent if it can be shown. that it was laid aside without being perfected or reduced to practice.

A discovery that has once been abandoned to the public, by being used, unprotected, for more than two years, or otherwise, cannot be subsequently reclaimed.

A patent will be granted for an invention patented in a foreign country at any time within six months of the date of the foreign patent, or afterwards if it can be shown that the foreign invention has not been brought into public use in the United States.

91. Caveats. A citizen or alien of one year's residence, intending to become naturalised, who wishes for time to perfect his invention, may file a caveat in the Patent Office, which, for the space of one year, will prevent any applicant from obtaining a patent for an invention of a similar character, without notice being given to the caveator.

This notice requires him to complete his application within three months, and if the two applicants appear to make similar claims, the commissioner will appoint a day for hearing both parties, that is, will "grant an interference," and will direct a patent to issue to him who shall prove to be the original inventor.

A caveat may be renewed from year to year during the time that an applicant is perfecting his invention.

A foreigner cannot file a caveat.

The fee for a caveat is $15 (£3).

92. On making applications for letters patent, there are six requisites to which attention must be paid:

1st. The petition addressed to the commissioner of patents.

2nd. The specification.

3rd. The oath of originality.

4th. Drawings.

5th. Model, or specimens of the invention.

6th. Proper fees.

The petition for a grant must be addressed to the commissioner of patents, and state that the requirements of the Act have been complied with. It must be signed by the inventor, or if he be dead, by his legal representatives.

93. The Specification.-The specification differs but little in its character from an English specification.

66

It must be a written description of the invention, and the manner of using it, expressed in such full and clear terms as to enable a skilled person to use the same; and, in the case of a machine, must particularly specify and point out the part, combination, or improvement, claimed as an invention." It is not, however, construed with the same rigid severity as an English specification,

For the Act, March 3, 1837, s. 9, enacts that "Whenever by mistake, accident, or inadvertence, and without any wilful default, or intent to defraud or mislead the public, any patentee shall have in his specification claimed to be the original and first inventor or discoverer of any material, or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal and just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention and discovery as shall be truly and bona fide his own." But it must in such a case be shown that the part really invented is a substantial part.

Power is also given to the patentee in such a case to bring an action for infringement; but if he obtain a verdict on the question of infringement, he is not entitled to costs unless he have filed a disclaimer "prior to the commencement of the suit," which may happen to be subsequent to the act of infringement.

There is a further provision "that no person be entitled to the benefits of this enactment who shall have unreasonably neglected or delayed to enter at the Patent Office a disclaimer."