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Mechanics magazine
- Bandzählung
- N.S. 5=74.1861
- Erscheinungsdatum
- 1861
- Sprache
- Englisch
- Signatur
- A146
- Vorlage
- Universitätsbibliothek Chemnitz
- Digitalisat
- Universitätsbibliothek Chemnitz
- Digitalisat
- SLUB Dresden
- Lizenz-/Rechtehinweis
- Public Domain Mark 1.0
- URN
- urn:nbn:de:bsz:14-db-id507363582-186100013
- PURL
- http://digital.slub-dresden.de/id507363582-18610001
- OAI-Identifier
- oai:de:slub-dresden:db:id-507363582-18610001
- Sammlungen
- Projekt: Bestände der Universitätsbibliothek Chemnitz
- LDP: Bestände der Universitätsbibliothek Chemnitz
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Zeitschrift
Mechanics magazine
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Band
Band N.S. 5=74.1861
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- Titelblatt Titelblatt -
- Register Index I
- Ausgabe January 4, 1861 1
- Ausgabe January 11, 1861 19
- Ausgabe January 18, 1861 33
- Ausgabe January 25, 1861 49
- Ausgabe February 1, 1861 69
- Ausgabe February 8, 1861 85
- Ausgabe [February 15, 1861] -
- Ausgabe February 22, 1861 121
- Ausgabe March 1, 1861 137
- Ausgabe March 8, 1861 153
- Ausgabe March 15, 1861 173
- Ausgabe March 22, 1861 189
- Ausgabe March 29, 1861 211
- Ausgabe April 5, 1861 227
- Ausgabe April 12, 1861 243
- Ausgabe April 19, 1861 259
- Ausgabe April 26, 1861 281
- Ausgabe May 3, 1861 297
- Ausgabe May 10, 1861 313
- Ausgabe May 17, 1861 329
- Ausgabe May 24, 1861 345
- Ausgabe May 31, 1861 361
- Ausgabe June 7, 1861 377
- Ausgabe June 14, 1861 393
- Ausgabe June 21, 1861 409
- Ausgabe June 28, 1861 425
- Ausgabe No. 106 I
- Ausgabe No. 107 I
- Ausgabe No. 108 I
- Ausgabe No. 109 I
- Ausgabe No. 110 I
- Ausgabe No. 111 I
- Ausgabe No. 112 I
- Ausgabe No. 113 I
- Ausgabe No. 114 I
- Ausgabe No. 115 I
- Ausgabe No. 116 I
- Ausgabe No. 117 I
- Ausgabe No. 118 I
- Ausgabe No. 119 I
- Ausgabe No. 120 I
- Ausgabe No. 121 I
- Ausgabe No. 122 I
- Ausgabe No. 123 I
- Ausgabe No. 124 I
- Ausgabe No. 125 I
- Ausgabe No. 126 I
- Ausgabe No. 127 I
- Ausgabe No. 128 I
- Ausgabe No. 129 I
- Ausgabe No. 130 I
- Ausgabe No. 131 I
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Band N.S. 5=74.1861
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- Mechanics magazine
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THE MECHANICS’ MAGAZINE. «— LONDON: FRIDAY, APRIL 5, 1861. THE NEW AMERICAN PATENT ACT. The people and Government of the United States seem to be perfectly aware of the great value of new inventions, and improvements in arts and manufactures. Though the Northern and Southern States differ so widely upon the questions of free trade and slavery that their Union is endangered, if not dissolved, they agree in giving to every free man, rich or poor, a right of property in the products of his own genius and skill. Both sections aim at en couraging and rewarding native industry, and now, by the Patent Act lately passed, the United States extend a welcome to those foreign inventors who do good to their commonwealth by bringing new trades within the realm. In this country, where the labour of a man’s brain is too often treated as common property, and where the ingenuity of poor inventors is gene rally unrewarded, the example of our cousins in America should not pass unnoticed. The principal points in the new American patent law which deserve notice at present re late to the preliminary examination of inven tions, the fees payable for patents, their pub lication, and their duration. The system of preliminary examinations in the United States has been found so acceptable and useful that the new law provides additional examiners, classifies them, and authorizes the commissioner to appoint as many as may be re quired, “ provided the whole number shall not exceed four of each class, and that the total annual expenses of the patent-office shall not exceed the annual receipts.” British and other foreign inventors should clearly understand that American patents are not to be obtained, as in this and other countries, merely upon applica tion. The American system of preliminary examinations compels every applicant for a patent to have all his papers “ correctly, legibly, and clearly written,” and to state exactly what is new in his invention. If he claims anything that is not new, his patent is rejected. It should bo borne in mind also that one half of all petitions for patents suffer a first rejection, although many of these aro afterwards granted upon revised papers, arguments, appeals, &c. In all cases of rejection, inventors are at liberty either to abandon their patent or, if convinced that their invention is new, to revise their papers, and prosecute their application; and the cost of appeal from the examiners-in-chief to the commissioner is only £4. This system compels the inventor to employ a well-qualified patent agent in the preparation of his papers, and in conducting his case. If the agent be not experienced, careful, and honest, the in ventor is certain either to incur additional ex pense in rectifying errors and making appeals, or he may lose his patent altogether. So im portant is it that the papers should be carefully prepared, and that nothing except what is novel should be claimed, that it has become a separate and considerable part of the American patent agents’ business to advise inventors regarding the probability of obtaining patents. For a fee of five dollars, accompanied with a model or drawing and description, an American patent agent will make a special search at the United States’ Patent-office, and report upon the pros pect of obtaining a patent. This voluntary preliminary examination might be found ad vantageous in this country to British inventors, even under our present system of patent law, for it is evident that if there were fewer re patents of old inventions, all English patents would become more valuable. Our patent agents should take this point into consideration, and, if practicable, follow the example of their American fellow-workers without delay. It must be gratifying to British inventors to know that the invidious distinction between citizens of the 'United States and subjects of other countries is now abolished. Instead of the 500-dollar fee formerly required from British subjects, and of the 300-dollar fee from all others not citizens of the States, the sums now payable by every person, no matter his na tionality (excepting Canadians) amount, on ap plying for a patent, to 15 dollars, and, on the patent being issued, to a further sum of 20 dol lars. In the event of an appeal from the deci sion of the examiners, an additional 20-dollar fee becomes payable, as already stated. To this first cost must, in all cases, be added the patent agent’s and attorney’s fees, and the amount of these must necessarily vary with the drawings, the specification, the care taken in making the claims, the rejections of examiners, amendments of claims, appeals, &c. On the average, however, the first cost of an American patent should not exceed one-lialf of that for an English patent; and after its issue no renewal fees and no taxes of any kind are required. The clause in the new patent act which authorizes the Commissioner of Patents to print ten copies of each patent, seems framed on the model of the English law, and therefore de serves notice in this country. It is applicable, however, only to patents “ which may hereafter be granted.” IVe would suggest for the con sideration of our American friends the propriety of extending this clause to patents already granted ; not merely for the advantage of native inventors, who could thus, in many instances, make preliminary examinations for themselves, but also to give information to foreigners of the past progress of invention in the United States. We think complete copies of all American patents should be supplied to foreign countries, in imitation of the example of this country. But this point must be left entirely to the decision of the American Government, and we can only mention it for their consideration. The important change made in the duration of patents in the United States was scarcely ex pected, either in this country, or even by Ameri can patentees. In future, all extensions of patents to be granted hereafter are prohibited ; but instead of 14 years, American patents will remain in force for 17 years. This change is probably for the advantage of the United States, where the commissioner, who holds office only for a short time, and may be appointed for his political opinions, has the power of granting ex tensions. It gives a fixed term, and, in most cases, a definite value to inventions, and removes mere questions of justice between inventors and the public out of the sphere and influence of party politics and of the private interests of ex aminers, commissioners, members of Congress, &c. Such a system is not needed in this coun try, and we notice it merely to point out the fact that whatever amendments of our own patent laws may be proposed, we should not copy in all respects the example of the United States. In connection with this new patent law, it is worthy of notice that patents in the United States are twice or three times as valuable as in Great Britain. This is a rule to which there may be some exceptions; as, for instance, with improvements in machinery, of which larger quantities are used in this country than in America, or in the treatment of raw materials, more extensively employed in our own manu factures. To counterbalance, this, however, there is the greater love, and the readier appre ciation, of novelties in America. A new article, which must fight its way slowly in England for ten or twelve years before it is appreciated and patronized, will become, in half that time, popu lar and common in the United States. It is far easier to sell an American patent than an Eng lish one, and the former will, in most cases, bring much higher prices. This difference in value arises chiefly from the large and ready demand for improvements of all kinds, the rest less novelty-loving disposition of the people, and their ability to buy ; also from the greater libe rality hitherto shown by the United States Government towards inventors, and the greater care taken to prevent the issue of worthless patents, or the depreciation of patent property. The regulation in this new patent act regarding the use of the words, “ By Letters Patent,” or others of similar import, affords an illustration of this latter fact. The word patented, together with the day and year the patent was granted, must be affixed to the patented article, thus giving the word patent a certain value. The word itself is a recommendation of the article to which it is attached. In this country, where the woripatent may be attached to anything old or new, it is utterly worthless. We hope, how ever, the Trade Marks Bill now under consider ation in Parliament will remedy this evil. We have no doubt that the changes lately made in the American patent law, end especially the low fees and the high value of patent pro perty in the United States, will encourage English inventors to protect their property on the other side of the Atlantic. We have dealt liberally with American inventors for many years past; they have availed themselves without hesitation of our readiness to grant patents, and, on the whole, we cannot complain of having lost anything by the encouragements we have given them. Hundreds of American inventions are patented annually in England, and we hope for the future to see hundreds of English inventions patented every year in America. For the minor improvements in the American patent law—especially those regarding models, the misconduct of patent agents, the refunding of fees in certain cases, the issue of independent patents for additional improvements, the prices of papers, patents for designs, the completing of patents within two years after the filing of the petition, &c.-—we must refer our readers to the law itself, published on another page. In closing, we must not omit to state the fact that the United States’ Government do not expect to derive any revenue from their patent-office. If it be self-supporting, that is all that is re quired of it under the American patent laws. Compare with this the conduct of our Govern ment and Chancellors of Exchequer, who levy upon British inventors a tax of thousands of pounds annually. The contrast is not favour able to this country, and may account, to some extent, for the fact that English manufacturers are surpassed by American and French manu facturers in many departments of trade, and that our best inventions now come from abroad. We condemn, as utterly unfounded, the common saying that Englishmen are not as inventive, ingenious, and enterprising as foreigners. The sole foundation for this stigma and reproach is the fact that English genius is not encouraged. Its exercise is, in a great measure, prohibited by a heavy tax for the protection of its inven tions, and by the insecurity and comparative worthlessness of English patents.
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