Persons Unfitted for the Commissionership

Join Our Community of Science Lovers!


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.


There are, as usual, numerous applicants for the office of Commissioner of Patents, and all, or nearly all, are Solicitors of Patents. The attorneys for several of the mowing machines are especially prominent; the sewing machine patentees have their favorites, while india-rubber is content with the present state of things. Now, all these gentlemen may be worthy and competent; but we submit that they cannot be the proper persons to pass upon such questions as come constantly before the Commissioner of Patents. It is safe to say that there are no patetit lawyers who are not pecuniarily interested in inventions, and a mere assignment of all such recorded interests would scarcely satisfy the public which sustains this important bureau of the Government. Aside from this, inventors would scarcely believe that a solicitor, who had for years been supported by the owners of a patented monopoly, would at once conquer the prejudices with which the earnest advocate is so apt to become imbued. The head of this department acts as a judge in suits of vast importance, and should be selected with a view to his judicial experience and acumen, as well as his executive ability; and not because of any part which he may have enacted in questions of priority and infringement. We fully indorse the above from the New York Times of April 9th. A Commissioner of Patents should neither be a patentee, solicitor, or patent lawyer, but a man of good executive ability, and possessed of sufficient legal experience to weigh evidence and decide promptly in all cases that come before him. To this add honesty and energy, and you have all the requisites for a good Commissioner.

Scientific American Magazine Vol 20 Issue 17This article was published with the title “Persons Unfitted for the Commissionership” in Scientific American Magazine Vol. 20 No. 17 (), p. 265
doi:10.1038/scientificamerican04241869-265c

It’s Time to Stand Up for Science

If you enjoyed this article, I’d like to ask for your support. Scientific American has served as an advocate for science and industry for 180 years, and right now may be the most critical moment in that two-century history.

I’ve been a Scientific American subscriber since I was 12 years old, and it helped shape the way I look at the world. SciAm always educates and delights me, and inspires a sense of awe for our vast, beautiful universe. I hope it does that for you, too.

If you subscribe to Scientific American, you help ensure that our coverage is centered on meaningful research and discovery; that we have the resources to report on the decisions that threaten labs across the U.S.; and that we support both budding and working scientists at a time when the value of science itself too often goes unrecognized.

In return, you get essential news, captivating podcasts, brilliant infographics, can't-miss newsletters, must-watch videos, challenging games, and the science world's best writing and reporting. You can even gift someone a subscription.

There has never been a more important time for us to stand up and show why science matters. I hope you’ll support us in that mission.

Thank you,

David M. Ewalt, Editor in Chief, Scientific American

Subscribe