Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Patents.=--A patent is a form of protection granted by the government
to an inventor to secure to him for a limited period the exclusive
enjoyment of the fruits of his skill and industry. Patents were granted
by the state governments until the Constitution conferred this power on
Congress. In 1790 Congress passed a law authorizing the granting of
patents for new and useful inventions, and this law has been amended
and its scope extended several times since.
_The Patent Office._--In 1836, an office or bureau charged with
receiving applications, conducting examinations, and granting patents
was created in the department of state, but it was transferred to the
department of the interior in 1849. This office has grown to be one of
the largest and most important branches of the government service. It
has a large number of examiners and experts arranged in groups, each of
which examines the applications for patents for inventions of a
particular class.
_Conditions._--The applicant for a patent must declare upon oath that he
believes himself to be the original inventor of the article for which he
desires a patent, and he must submit with his application a full
description or drawing of the invention, and if demanded, also a model
of the same. The invention must be a useful one, for patents will not be
granted for inventions which have no practical or scientific value. If
the patent is refused by the commissioner of patents, the applicant can
take an appeal to the court of appeals of the District of Columbia. A
fee of fifteen dollars is charged for filing the application, and one of
twenty dollars for issuing the patent.[49] The term for which a patent
may be issued under the present law is seventeen years, which term may
be extended only by act of Congress. When a patent is granted the word
"patented" with the date on which it was issued must be placed on the
article in order that the public may have notice of the fact that it is
patented. During the term of the patent the inventor has the exclusive
right to manufacture, use, or sell the article, and in case of
infringement the law allows him to apply for an injunction to restrain
the infringer, or to sue for damages. Patents, like copyrights, may be
assigned or otherwise transferred, provided a record of the transfer is
made in the patent office.[50]
[49] Notwithstanding the large number of employees in the patent
office, the office is self-supporting by reason of the fees charged
and the large number of applications, the annual receipts amounting
to more than $2,000,000.
[50] An inventor who needs more time in which to perfect his invention
and to forestall the action of some one else may secure a caveat which
gives him a year in which to complete his invention.
Trade-marks are also registered by the patent office provided they are
to be used in interstate commerce. Trade-marks in other cases are
usually protected by state registration.
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