The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological OrderBancroft, Charles
History
The Footprints of Time: And a Complete Analysis of Our American System of Government, with a Concise History of the Original Colonies and of the United States, in Chronological Order
Bancroft, Charles
United States -- History; United States -- Politics and government
1. These originated in the desire of the founders of the government
to encourage invention, in the belief that the general welfare of the
country would be promoted by such a stimulus to genius, and the power to
grant patents was expressly bestowed on Congress. That this was a very
wise forethought there is no doubt. The hope of reward has given birth
to innumerable inventions, among which some have been of incalculable
value to the country, increasing its wealth almost beyond our power to
estimate. It is, however, worth considering if there may not be a limit
to the usefulness of the system, in its present form, in the changed
conditions of the country. It is often the case that what accomplished
the greatest good in its proper day, is at length outgrown, and becomes
an embarrassment, requiring to be either essentially modified or laid
aside.
2. A patent right is an exclusive right, granted by an officer
denominated the Commissioner of Patents, in conformity to law, to the
inventor or discoverer of any new and useful article. The exclusive
right is conferred by acts of Congress, on compliance of the inventor
with certain conditions which are clearly specified in the law. The
evidence that such exclusive right has been conferred on any individual,
is contained in a document, called “letters patent,” issued at the
patent office in Washington; signed by the Secretary of the Interior,
(formerly by the Secretary of State), countersigned by the Commissioner
of Patents, and sealed with the seal of his office. Thus protected, he
alone can make, use and sell the article he has invented, for the term of
fourteen years; and upon showing a good reason therefor, the commissioner
will extend the term seven years longer, or Congress will pass a special
act for that purpose.
3. This was the law up to 1861; and is still in force as to patents
granted anterior to that date. But a new act was then passed, extending
the term of an original patent to seventeen, instead of fourteen years,
and prohibiting any extension of such patents.
An inventor, before he can obtain a patent, must swear that he believes
he is the inventor or discoverer of the art, machine, or improvement,
for which he solicits a patent. He must also give in writing a clear,
minute description of it; and, when necessary, must make and deliver
a model of his invention; which in all cases must be something new,
unused and unknown before, or his application will be rejected. There is
considerable expense attending the procurement of a patent right.
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