therefore, by law, a power to refuse patents. But these duties being so extensive and laborious, and requiring much study and scientific acquirements, could not easily be fulfilled by gentlemen who had other and important stations to fill; a law was therefore passed in 1793, making it the duty of the secretary of state to issue patents, subject to the revision of the attorney-general. Under this law, between the years 1793 and 1836, above 9,000 patents were issued, requiring no other conditions in granting them than that the patent fees were paid, the oath to the invention made, and other forms of office complied with; but there was no power in the department to refuse a patent when these were fulfilled; and, of course, many useless inventions and infringements on public and private rights were patented, to the great injury of the public; and the evil was every day increasing, till the passage of the late law of 1836.

Now, although many of the evils complained of in the law of 1793, were cured or prevented by this new law, yet it is not altogether free from evils. An examiner is appointed by this to examine and report to the commissioner of patents as to the novelty and use of an invention in the patent applied for. This is too extensive a power to be entrusted to any individual; for he may be inexperienced, of very limited knowledge and acquirements, and may often do much injustice to applicants without knowing it. It is true, by this law the aggrieved party may appeal to three other examiners, but must pay all the expenses of the appeal; and these will amount to about forty dol

lars per diem. Who, then, amongst the numerous poor applicants who think themselves aggrieved, will venture on an appeal? many of whom may have travelled above three hundred miles, and some carrying their models on their backs. This system, therefore, amounts to a total denial of justice to the poor but ingenious man, and the present law ought to be altered, for it is much more unfair than that of 1790. No man can conduct himself more justly and correctly in his office than the present commissioner; but the evil is radical, and can only be cured by a complete change in the law. There ought to be at least two or three men of science, well acquainted with mechanics, over whom the commissioner should preside, and examine and fairly decide on all applications for patents. Mr. Ruggles, in his report to the senate, very justly observes: "That the duty of examination and investigation, necessary to a first decision at the patent-office, is an important one, and will call for the exercise and application of much scientific acquirement, and knowledge of the existing state of the arts in all their branches, not only in our own, but in other countries."

When we look upon the dreadful ruin spread around by the destruction of the archives of the patent-office, the most solemn feeling must overwhelm the mind. There lie the ashes of the records of more than ten thousand inventions, with their beautiful models and drawings. There lie, also, smouldering in the same heap of ruins, the elegant and classic correspondence of Dr. Thornton, with most of the ingenious and scientific men of

this country and of Europe, for upwards of twentythree years.

To remedy as far as possible this appalling disaster, and prevent a recurrence, it is recommended that a complete list of all the patents that have been granted by the United States since 1790, till the present time, be published by Government, (which the writer of this article could furnish,) arranged analogically and chronologically as regards the subjects, and alphabetically as regards the names of the patentees. Also, a complete copy of all the patent laws, with the legal decisions which have taken place under them. This work would make two volumes 8vo. of about 400 or 500 pages each, and be like a dictionary, of ready and easy reference; and in no respect like the imperfect and unintelligible list published, some years since, by congress.

It is suggested that the specifications of all the patents hereafter granted, be printed and distributed Îike the laws of the United States. This system would not only prevent them from being lost and impaired, but would give much general and useful information, and would prevent many impositions on the public. W. E.

PATENT LAWS..

An Act to promote the progress of useful arts, and to repeal all acts and parts of acts heretofore made for that purpose.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

sembled, That there shall be established and attached to the department of state, an office to be denominated the patent office; the chief officer of which shall be called the commissioner of patents, to be appointed by the President, by and with the advice and consent of the senate, whose duty it shall be, under the direction of the secretary of state, 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, and shall have the charge and custody of all the books, records, papers, models, machines, and all other things belonging to said office. And said commissioner shall receive the same compensation as is allowed by law to the commissioner of the Indian Department, and shall be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage.

Sec. 2. And be it further enacted, That there shall be in said office an inferior officer, to be appointed by the said principal officer, with the approval of the secretary of state, to receive an annual salary of seventeen hundred dollars, and to be called the chief clerk of the patent-office, who, in all cases during the necessary absence of the commissioner, or when the said principal office shall become vacant, shall have the charge and custody of the seal, and of the records, books, papers, machines, models, and all other things belonging to the said office, and shall perform the duties of commissioner during such vacancy. And the said commissioner may also, with like approval, appoint an examining clerk at an annual salary of fifteen hundred dollars, two other clerks at twelve hundred dollars each, one of whom shall be a competent draughtsman; one other clerk at one thousand dollars; a machinist at twelve hundred and fifty dollars; and a messenger at seven hundred dollars. And said commissioner, clerks, and every other person appointed and employed in said office, shall be

disqualified and interdicted from acquiring or taking, except by inheritance, during the period for which they shall hold their appointments, respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been, or may hereafter be, granted.

Sec. 3. And be it further enacted, That the said principal officer, and every other person to be appointed in the said office, shall before he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And the said commissioner and the chief clerk shall also, before entering upon their duties, severally give bonds, with sureties, to the treasurer of the U. States; the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to him, or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, and for copies of records and drawings, and all other moneys received by virtue of said office.

Sec. 4. And be it further enacted, That the said com. missioner shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve; and copies of any records, books, papers, or drawings, belonging to the said office, under the signature of the said commissioner, or, when the office shall be vacant, under the signature of the chief clerk, when the said seal affixed, shall be competent evidence in all cases in which the original records, books, papers, or drawings, could be evidence. And any person making application therefor may have certified copies of the records, drawings, and other papers deposited in said office, on paying, for the written copies, the sum of ten cents for every page of one hundred words; and for copies of drawings, the reasonable expense of making the same.

Sec. 5. And be it further enacted, That all patents issuing from said office shall be issued in the name of the