Management of the Patent Oflice

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The Patent Office is one of the most important departments connected with our government. It was organized for the purpose of promoting the progress ot discovery and the useful arts, and to protect the peculiar rights of inventors, a class of men who have done more for the advancement of civilization, and the honor and greatness of our country, than all the political economists that have ever lived. The steam engine, the cotton gin, the spinning jenny, the power loom, the telegraph, the sewing machine, and all other useful inventions, are iron apostles of civilization; they convince without arguing, and subdue all opposition by the eloquence of action. The management of the Patent Officeadminis-i tration ol the laws which regulate the issue of patentsis therefore of great consequence, not only to inventors, but the whole people. The Commissioner ol Patents,as the supreme head, should be acquainted with the laws oi \ patents, a man of good judgment, of scientific ability, candor, and impartiality. The examiners should be men possessed of a thorough knawledge of the machinery and articles in their several departments, patient in I investigation, industrious, sensible, generous, ; and impaitial, so that no injustice should be done by them to any applicant for a patent. Good men, although liable to make mistakes (for none are perfect) are always willing to rectify the same when they are pointed out; while bad men, under the best laws, cannot be trusted in any capacity. The present Commissioner of Patents Judge Masonhas given evidence since he i entered upon the duties of his office, of great ability and uprightness. He has changed the policy which was pursued by the Patent Office for a short time, and which we condemned on page 247, in reference to retaining all the fee lor rejected applications on whicl caveats had been filed. According to the thirds of fhe fees on rejected applications will hereafter be returned on all withdrawals and we have no doubt but every useful reform which Judge Mason in his wisdom deems ne cessary to the good aministration of the Pa tent Office affairs, will be carried out at the proper time and in the proper manner. At the present time the Patent Office is fa behind, at least six months, in the examina tion of applications. This is very trying to the patience of inventors, and sometimes inju rious to their best interests. The business o the Patent Oltice should always be in such state that no application should be longe than one month in the office before it is exa mined. When men in any office are crowdec with business, their work is oftentimes bu very superficially performed. At the presen moment the examining corps of the Paten Office, although very diligent, are not stron enough in numbers to perform their incum bent duties so promptly and thoroughly a they should be fulfilled. Examiners have sometimes had much extra labor, unpleasan and extended correspondence, owing to hast; adverse decisions. An applicant for a paten should always have the benefit of a doubt in the mind of an examiner, for a trial at law after all, is the only real binding cord ot legality. We hope that during the next session of Congress, an addition will be made by law to the examining corps, so as to render every department complete and effective. The present Commissioner will then have been in office to see and know exactly what is wanted, and will be the most proper person to institute and recommend such measures as will make the Patent Office the best managed of any in connection with our government.

Scientific American Magazine Vol 8 Issue 40This article was published with the title “Management of the Patent Oflice” in Scientific American Magazine Vol. 8 No. 40 (), p. 317
doi:10.1038/scientificamerican06181853-317

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