Scientific American Supplement, No. 488, May 9, 1885Various
Science
Scientific American Supplement, No. 488, May 9, 1885
Various
Science -- Periodicals
The writer of the above communication gives a very clear statement of
our original premises. He sees as we do the difficulty, every year
on the increase, of making satisfactory searches in the matter of
novelty. But his deductions vary from ours. To us it appears on its
face an impossibility for satisfactory searches to be made in the case
of every individual patent by the Patent Office. The examinations
have repeatedly been proved valueless. We know by our own and
others' experience that the searches as at present conducted are of
comparatively little accuracy. Patents are declared to be anticipated
continually by our courts. The awarding of a patent in fact weighs for
nothing in a judge's mind as proving its originality. The Commissioner
of Patents is really exhausting the energies of the Office employees
over a multitude of searches that have no standing whatever in
court, and that no lawyer would accept as any guarantee of novelty
of invention. If every inventor would search the records for his own
benefit, we should then have twenty thousand examiners instead of the
present small number. This would be something. But if it be advanced
that the inventor is not a competent searcher, then he can engage an
expert to do it for him. Every day, searches of equal value to the
Patent Office ones are executed for but a fraction of the government
fees on granting a patent.
Our correspondent speaks of an evil that he thinks would be incidental
to the system we proposed in our article criticised by him, namely,
that were the Patent Office to make no search an inventor would "run
every risk of being beaten in the courts should any one essay
to contest his claims." The fact is that in spite of the Office
examination for novelty this risk always has to be encountered,
and forms a criterion by which to judge of the exact value of that
examination. Furthermore, we take decided issue with our correspondent
when he says that the present is the only feasible way of executing
these searches thoroughly. They are not so executed as a matter of
fact, and could be done better and cheaper by private individuals,
experts, or lawyers, engaged for the purpose by inventors.
We agree that all money received by the Patent Office should be
applied to its legitimate end. It seems to us a great injustice to
make one generation of patentees accumulate money in the Treasury for
the benefit of some coming generation. Application of the whole of
each year's fees to the expediting of that year's business would be
simple justice. But we do not lose sight of our main point, that were
the inventor unable to make a satisfactory search, it could be done
for him by private parties better and cheaper than it is now done in
the Office.
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