, just as we find in our Halls of Record. The
Commissioner of Patents should be called the Register of Patents.
Indeed, grants of land, as they are termed, have frequently been
registered by the name of patents, in our Halls of Records, so strong
is the analogy, if not perfect similarity.
Then what should be the Patent Law? We answer, by sections, at once.
The first should be declaratory of the rights of inventors, as
follows:
SEC. 1. The application of capital, time, skill and ingenuity, to the
production of new and useful discoveries, shall be protected under the
5th article of the Amendments to the Constitution, which forbids
private use without the consent of the owner, and for public use
without just compensation.
SEC. 2. Should any invention or discovery be deemed of great
importance to the general prosperity, its value shall he appraised on
the requisition of the Secretary of State, which value, which
ascertained, as hereinafter provided, shall be paid to the inventor
from the Treasury of the United States, and, until this payment shall
take place, the discovery of any inventor duly qualified to take out a
patent, shall remain his property, and inalienable without his consent
or the consent of his legal representatives.
SEC. 3. Any inventor or discoverer who may desire a patent for any
discovery of his own, shall make oath or solemnly affirm thereto, and
any specification, drawing or model, he may see fit to deposit with
the Register of Patents, shall be received by him and recorded, as a
matter of evidence of original right.
SEC. 4. There shall be no salaried Examiners of Patents, but each
patentee may contract on any terms he may see fit with any Patent
Agent or Examiner, to examine the Records of the Patent office, on the
payment of ten dollars fee for the use of the books and privilege of
the Patent Office, and no more fees than this first $10 shall be
charged on any single patent, excepting five dollars each for every
record of transfer of rights or parts of rights. Nor shall the fees be
raised until it may be discovered that they will not support the
expenses of the Patent Office. And it is provided, no expenses for the
improvement of agriculture, or any purpose foreign to the business of
the registry of Patents, and the necessary books and buildings, and
salaries of the register, librarian and two clerks and door-keeper,
shall be charged upon the Patent Fund.
SEC. 5. The Commissioner of Paten
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