Scientific American Supplement, No. 488, May 9, 1885Various
Science
Scientific American Supplement, No. 488, May 9, 1885
Various
Science -- Periodicals
Dividing and subdividing patent subjects into classes and sub-classes,
and systematizing examinations to the extent it may be made to reach
in the Patent Office, may, for a very long time to come, place this
matter within the possibility of a reasonably good and conclusive
search being made without additional cost to the inventor, provided
what he now pays is all devoted to the furtherance of the Patent
Office business. If, however, we hereafter make no examinations for
novelty, an inventor is obliged to either make such a search for
himself--with all the disadvantages of unfamiliarity with the best
methods, inaccessibility to records, and incurring immensely more work
than is required of the Patent Office examiner, who has everything
pertaining thereto at his fingers' ends--or blindly pay his fees and
take his patent under the impression that he is the first inventor,
and run every risk of being beaten in the courts should any one
essay to contest his claims; the probabilities of his being so beaten
increasing in proportion as the number of inventions increase.
The inventor pays to have this work done for him at the Patent Office
in the only feasible way it can be thoroughly done; and the average
inventor would, or should, be willing to have the present fees very
largely increased, if necessary, rather than have the examinations
for novelty abolished at the Patent Office; for, in the event of their
abolition, it would cost him immensely more money to secure himself,
as before the courts, by his own unaided and best attainable methods.
The inventor now, however, pays to the Patent Office, as you well
know, a good deal more money every year than the present cost of
examinations, including of course all other Patent Office business;
seeing a part of what he pays yearly covered into the Treasury as
surplus, while his application is unreasonably delayed for the lack of
examiner force in the Patent Office.
Let the government first apply all the moneys received at the Patent
Office to its legitimate purpose, including the making of these
examinations, and, when this proves insufficient, you may depend
that every inventor will cheerfully consent to the increase of fees,
sufficient to insure the continuance of thorough examinations for
novelty, rather than attempt to do this work himself or take the
chances of his having reinvented some old device (which it is very
well known occurs over and over again every day), and being beaten
upon the very first contest in the courts, after, perhaps, investing
large amounts of money, time, and anxiety over something which he thus
discovers was invented, perhaps, before he was born.
Public-domain text, read in full here on John Shaqi.
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