in false colors by government examination, just as the works of authors are left by government to rest on their own merits. The result of this experimental law has proved to be the exact reverse of the object contemplated by Congress; a result that could not possibly have been foreseen by that body, and, in addition to this reversed operation, it has produced another result, far more baneful and injurious to the public. It has created a new and extensive business for a numerous class of men, whose principal object is to fill their own pockets. This class may be found in all our principal cities. They take the liberty to assume the name and title of Patent Agents. Under just laws, their services would be very convenient and useful, but the present law gives them power to play a double game. Their method of proceeding consists in mystifying the law, and rendering the proceedings in obtaining patents as intricate, blind and difficult, as possible. The great bulk of applicants for patents are honest, industrious, hard laboring mechanics, who spend their time, talents and hard earned money, in seeking to produce something which will benefit mankind; and thinking to receive a compensation therefor, they labor with unceasing effort, and when their inventions are completed, they apply to a patent agent, (not knowing or suspecting any secret operations,) who readily ascertains whether the applicant places a high value on his invention. If it is a trifling thing, such as placing a looking-glass in a mouse-trap-putting a pin in a shaft ;-making one side of a tooth or a wheel straight;-putting a piece of composition metal into a self-operating nail machine, to make nails;-cutting brush into short pieces for fuel;-setting up ten-pins, &c., there is no difficulty in obtaining a patent. The above are claims attached to the specifications of six patents, which have been granted. Such absurdities would scarcely be credited by any one, if the records of the patent office did not show the fact. Hundreds of patents have been granted for things equally frivolous. Such patents are readily granted, without opposition; for the patent agent and examiners know that a rehearing would not be applied for in case of a rejection, and

that would end the matter. tion, the operation is entirely different. The agent informs the applicant that his invention is new, and tells him that he ought to have a patent, and at the same time tells him that the examiners are very particular, and he cannot say whether they will grant the patent or not, but he will do his best to procure the patent; consequently he is employed to prepare the papers and make the application. In due time the applicant, to his great surprise, finds his application rejected. The agent duly informs him, that the references given by the patent office are not to the point, and not valid; that his invention is different from those referred to, and his patent ought in justice to be granted. It is then decided to make some slight alteration in the specification, and apply for a rehearing.

But, in case of a valuable inven

The second time it is not rejected in full. Some of the unimportant claims are allowed, and the specification returned for alteration. The applicant is not satisfied with this decision, well knowing that his patent would be worthless unless the claims which constitute the most important part of his invention, are allowed. Consequently, the application is again renewed, with the language of the claims varied and expressed in different words, without affecting the title in the least, and again presented for another examination. It is frequently the case, that such operations are repeated four or five times. The examiner is very careful to keep a large num

• To corroborate the above, sec the Report of L. D. Gale, Principal Examiner, published in the Patent Office Report for 1852-3, as follows:

"There is, at the present time, scarcely a case rejected that does not come up for additional correspondence, modified, and presented anew, changing, in one way or another, the points claimed, so as to make it the subject of some two or more extra actions on the part of the Office. This increase of correspondence, technically called the current business, as it now exists, will be better understood from an example: The number of decisions on new applications during the year is three hundred and sixty-four; but the number of decisions on new and returned applications, in which written decisions are made, is nine hundred. If we add to this seventy-five to one hundred verbal hearings, that may occupy, according to the rules of the Office, one-eighteenth of all the time of the examiner during the hours of business, we shall find, as an average of the work done, more than three distinct laborious actions on every application for a patent at my desk. The statement here given, as the result of my own actions, has nothing peculiar in it as applicable to my case. It is, in the main, the experience of all the examiners."

ber of applications remaining on his desk, and on each renewed application, he puts the case down at the bottom of his list, to be again taken up in its turn. It is frequently nearly a year before a final decision can be obtained, and sometimes, two or three years. During this vexatious delay, the applicant begins to despair of obtaining his just rights, and is induced to offer the agent a large sum, if he can succeed in obtaining his patent. This result is what had been anticipated by the operators from the commencement. The present law is most admirably calculated to favor such operations, and give an air of importance to the operators. Every one can judge for himself, whether there is a mutual understanding between the patent agent and the examiner, to perform such operations, and play a double game, for the purpose of sharing in the spoils. The applicant finds himself placed in a peculiar position. He knows that his invention is new and entirely different from those referred to by the patent office; and frequently, the things referred to are designed for a different object. He sees his situation, and knows that any remonstrance against the proceedings, would at once settle the matter, and deprive him of his rights. Thus he is compelled, from necessity, to cringe and bow, and be silent and submissive to a set of men whom he despises and abhors, for their acts of injustice.

The eighth section of the Act of 1836, provides for interfering applications. This is a favorite section with patent agents, and other operators, in cases of applications for patents. It affords them a fine opportunity to render the proceedings in granting a patent extremely difficult and expensive. The provisions suggested leaves the matter in such cases to the applicants to inquire into their respective rights, and avail themselves of the opinion of the Commissioner; but such cases would seldom, if ever occur, if there were not great delay in the office, after applications are made, before granting patents. No real inventor would insist on a patent, if he were satisfied that he was not also the first inventor, knowing that he could not support it if granted. The real inventor is himself the innocent cause of setting others to work to

supersede his own invention; for when a new idea is advanced and a new thing produced, others immediately catch the idea, and use the greatest exertions to supersede the thing, or evade the claim; and if the inventor is so fortunate as to bring his invention to such a degree of perfection that it cannot be improved, this class of pirates, who style themselves inventors, will try to evade his patent by making alterations which generally prove to be injurious. Many patents of this description are granted. Hence it is the general practice of such persons to make a disclaimer in their specifications, disclaiming what others claim; and resting their claims on a useless addition or an injurious alteration. This course gives the examiners the power to act either way. They can say that the thing specified and described, is like something in the office, and not "new or patentable." Or, on the other hand they can say, that the claims do not touch the claims of any invention in the office, and "the applicant is entitled to what he claims;" (thus they skulk behind the screen). Hence the necessity of the influence of dollars by applicants, in order to obtain their rights, and of the continual cry by the examiners, that the public good requires a critical examination of inventions in the office. Thus the operators have hitherto succeeded (to use a common expression) in pulling wool over the eyes of Congress, by their annual reports, extolling their own services in a fulsome degree, and crying aloud for more pay, which has been granted, from time to time. Their electro-magnetic humbug was successful to the tune of twenty-three thousand dollars, but when they undertook to pull wool in the additional amount of fifty thousand, for the purpose of adding more wings to their favorite bug, the application proved a failure. The bug ran against a stump, and has not moved since.

The Commissioner puts confidence in the examiners, and generally acts in accordance with their decision, (called the Report of the Examiner,) consequently he is frequently made the

• This influence is more necessary in cases of useless additions or injurious alterations, than in original inventions, except such inventions as are very valuable -then a large fleece is expected.

unconscious instrument of committing the greatest wrong and injustice; even more criminal, in the eye of justice, than the act of the highwayman, who only demands the purse of his victim; whereas, the examiner not only robs the inventor of his money, by multiplied costs, but deprives him of his rights; and in addition to all this, he most basely insults his victim, by telling him that he claims what does not belong to him. Thus the system, which was originally designed for good, has been perverted, and made an instrument of the greatest evil.

The courts, in patent suits, do not attach any weight whatever to the government examination of inventions, before issuing patents. They decide cases upon the same grounds since the examination law was made, that they did before, when there was no examination of models in the patent office e; that is, they decide cases by the evidence produced before the court. This conclusively proves that the government examination is a mere farce-a humbug.

The following cases are given in confirmation of the foregoing.

On the application of the author for a patent for an improvement in Wrought Iron Car Wheels, it was rejected, and the following letters were given as showing what the Commissioner was pleased to call reasons for refusing the patent.

Patent Office, August 23d, 1849. SIR: Your claim to letters patent, for alleged improvements in wheels for cars, has been examined and found to present nothing essentially new or patentable. For the subject of the first claim, you are referred to letters patent granted to J. H. Rogers, in February, 1836, where substantially the same means are resorted to for connecting the tire to felloes. The spread, or flanches at the outer end of the spoke, are very common-see, as one example, letters patent granted to William Creed, in February, 1843, and this office has no reason for supposing that the general form of the spoke combines a greater degree of strength, in proportion to its weight, than many other well known forms. The mode of connecting the spokes to the hub, is independent of "the other parts of the wheel," and performs the same duty whether the other parts are varied or not, there being no dependence of the one upon the other; there is no legitimate combination, and therefore the last claim cannot be allowed. Yours, respectfully,

TO HERRICK AIKEN, Esq.,

THOS. EWBANK.

Care of W. P. ELLIOT, Esq., Washington, D. C.