On supporting science journalism
If you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.
A decision of considerable interest and importance, especially to manufacturers and patentees, has lately been made by the Commissioner of Patents relative to the registration under the design patent law, of new forms for patterns and articles of manufacture. Heretofore the Patent Office has held that this provision of law was applicable only to ornamental objects; and the practice of the Patent Office has been to allow patents only for new designs for decorative work; such, for example, as the headings upon the edge of a spoon handle, or a new style of edging for lace; but when application was made for a patent for a new and better shape for the frame of a steam engine or other machine, or for a better form for a chair, table, or article of manufacture without reference to its adornment, in all such cases it has been the custom of the Patent Office to reject the application. This has greatly limited the value and utility of the design patent law. Last year, out of 31,000 new applications made for patents and caveats only i 854 were for design patents. For many years we have contended that this official practice was illegal and contrary to the intent and spirit of the statute. We have maintained that the design patent law was intended to encourage the production of new forms and designs, in every possible branch and ramification of industry, and to secure protection therefor to the designer and manufacturer, substantially in the same manner that a copyright secures the rights of an author. If an individual writes a history of America he may at once obtain a copyright, which amounts to a patent, for the contents of his particular book. It does not prevent other people from writing histories of America; but it secures to him, for a few years, the exclusive right to make and sell copies of his special production. We think that the design patent law was intended in like manner to protect designers and manufacturers of improved or better forms of goods and other objects. We are glad to observe that the Hon. E. D. Marble, the Commissioner of Patents, has adopted this view of the subject, and that the Patent Office is now open to the reception of design patent applications on this basis. The commissioner's new decision, rendered October 2d last, was given in a case in which the applicant claimed a design patent upon an improved form for a "T shaped shingle machine frame." This application was rejected in the customary manner by the primary examiner, on the ground that it was not ornamental; and the Board of Examiners in Chief confirmed the rejection. An appeal was then taken to Commissioner Marble, who reversed the previous decision and ordered the patent to be granted. He says: " I think, in articles of manufacture like the one under consideration, if the applicant has by his industry, genius, and efforts made a design of an article of manufacture, viz., the frame of a shingle machine, which, because of its design and not because of its mechanical structure, commends itself to persons desiring to purchase such articles, it is useful, and the applicant should be protected in its manufacture and sale. It is not necessary that it should be ornamental, although it may be, to entitle the applicant to a patent therefor. The utility in an article of this kind consists in having a shape or configuration of such a character that persons needing it will purchase it because of its shape or configuration, in preference to other articles for the same purpose, but different in shape and configuration. Applicant, however, must strike out of his application everything descriptive of the mechanical functions of the device." This is clear and plain reasoning, and while Commissioner Marble remains in office the primary examiners will understand that the old practice is set aside, and that patents are now to be allowed upon all improved forms of machines, or other articles of manufacture, or the parts thereof. One of the conveniences of the existing design patent law is that a patent may be taken for a brief term at a small cost. . The law permits the applicant to elect, one of three periods for the life of his patent, the costs being governed accordingly, namely, three and a half years, government fee, 10; seven years, 15, and fourteen years, 30. Where the nature of the article is such that the public demand for the new pattern is likely to be transient or soon over, the applicant may take a patent for the shortest term of thrae and a half years; but it is to be remembered that the term first chosen cannot be afterwards extended. If the patent is granted for three and a half years, it expires at the end of that term, and it cannot be extended by making a new payment. To the costs above mentioned are to be added the expenses of making the specifications, claims, drawings, etc.,which are substantially like those connected with other patents. Manufacturers and others who desire further information may obtain it, free of charge, by writing to the publishers of this journal, Messrs. Munn & Co., who for now going on forty years have made it a large and successful branch of their business to obtain patents caveats, trade mark registrations, etc , for authors and inventors. We have no doubt that Commissioner Marble's decision will give a new impetus and create a new departure in the art of designing in this country. It is a field of study and labor that is open to women as well as to men; all, in fact, who have the wit or genius to produce a better style or form for any species of industrial work or object may secure a patent therefor. The design patent law also presents to manufacturers the 305 opportunity of fortifying their original patent rights by securing design patents upon any improved patterns or forms used in the production of any portion of their improved goods. In order to give our readers an idea f the broad and far-reaching nature of the design patent law, as interpreted by the present able and liberal minded Commissioner, we will here quote the language of the statute itself: " Any person who, by his own industry, genius, efforts, and expense, has invented and produced any new and original design for a manufacture, bust, statue, alto relievo, or bass-relief; any new and original design for the printing of woolen, silk, cotton, or other fabrics; any now and original impression, ornament, patent (pattern), print, or picture to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented or described in any printed publication, may, upon payment of the fee prescribed, and other due proceedings had the same as in cases of inventions or discoveries, obtain a patent therefor. " The Commissioner may dispense with models of designs when the design can be sufficiently represented by drawings or photographs. " Patents for designs may be granted for the term of three years and six months, or for seven jears, or for fourteen years, as the applicant may, in his application, elect."
