ongress would be fully justified in disposing of no
inconsiderable portion of the public money in this way, should it ever
become necessary.
Recognizing the fact that the patent records of all countries, as well
as cognate publications, are rapidly on the increase--and particularly
in this country--making an examination for novelty a continuously
increasing task, and that the time must come when such an examination
cannot be made at all conclusively without a vastly increased amount
of labor, from the very magnitude of the operation, it is nevertheless
true that this difficulty menaces the inventor to a much greater
extent, if imposed upon him to make, than it can ever possibly do an
institution like the Patent Office.
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
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