Proposed Digest of Patents

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In his recent annual report the Commissioner of Patents, Mr. Marble, calls the attention of Congress to the necessity of having a digest made for the use of the office and the pub lie, of the inventions patented in this and foreign countries. The preparation ofsuch a work, he says, would cost a large sum of money, but he thinks the government would soon be reimbursed by its sale. The advantage to the public, especially to inventors and manufacturers, would be incalculable, and for these reasons he earnestly recommends Congress to take action looking to an early commencement of the work. To prepare such a digest would, indeed, be an immense work, but there is no doubt of its value as an assistance to inventors in determining the probable novelty of their inventions, provided the books were kept up to date and made readily accessible to t he public. To Patent OflSce examiners the work would be of especial convenience in lielping them to reject new applications for patents. A beginning of the proposed work might be made with the American Patents; and when that digest is complete then take up the foreign patents, as the latter would necessarily contain many repetitions of the devices found in the American patent lists. But before anything is done in respect to this proposed compilation we would suggest that the Commissicmer of Patents take steps to provide for the convenient access of the public to the printed patents that now exist in the Patent Ofiice. This would seem to be a comparatively simple matter; but somehow or other it is hedged about with insuperable difliculties It is a curious fact that although the U. S. patents are printed in convenient form, and are public records, kept in a public building especially designed for the access and information of the people, still it is next to impossible for an individual to go to the Patent Office and refer to any complete part of the printed patents. For example, an inventor liaving niade an improvement in flat irons, calls at the Patent Office and requests the privilege of looking over the various flat iron patents, with a view to applying for a patent if his supposed invention is new. He is shown sundry portfolios or volumes, purporting to contain all the previous inventions, finds nothing like his device, files his application, and is rejected. He then ascertains that some of the drawings or some of the patents, including the one resembling his device, had been temporarily removed, on some excuse or other, from the portfolio when he examined it, and that the set was not complete ; so his examina tion was fallacious. He further finds that there is no uniform system followed at the Patent Office whereby the public may enjoy convenient and certain access to all of the printed patents in any particular class or branch. We suggest that before the new digest proposed by the Commissioner be commenced, the printed patents should be thoroughly classified, and several complete sets thereof maintained in convenient places for public reference. We are inclined to believe that the Commissioner of Patents already has authority to establish such a system. Its efficient realization would be of great value to manufacturers, inventors, and all who are concerned in patent affairs.

SA Supplements Vol 11 Issue 269suppThis article was published with the title “Patents” in SA Supplements Vol. 11 No. 269supp (), p. 129
doi:10.1038/scientificamerican02261881-4294csupp

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