n extension of his 1833
patent, but, not knowing the exact requirements, his application was
offered too late, sixty days before the expiration of the patent being
the time allotted. Knowing, we presume, but little about law, and still
less about "the rules and regulations of the Patent Office"--for all his
time, and constant labor with his own hands, were required in the
workshop to earn a bare support,--but being very desirous to obtain an
extension of his Patent before it should expire, and also having some
personal acquaintance with Commissioner Ellsworth, Hussey's first
application was made to him in 1845, a short time previous to his going
out of office; certainly not less than twelve months before the
expiration. This is proved by the annexed letter:
"La Fayette, Ia., July 3, 1854.
"Dear Sir:--
"Your letter of some weeks since, referring to a conversation I
had with you while I was Commissioner of Patents, relative to the
extention of your patent for a Reaper, would have been answered
earlier, but for absence and extreme pressure of business."
"If my recollection will aid you, I most cheerfully state, that
before your patent expired, you consulted me as to the extension
of the same. I replied that it was better to postpone an
application until near the time the patent would run out, for the
Office must estimate the profits of the invention during the whole
term; and you accordingly postponed it. I regret you postponed it
too long. The publication of thirty days before the patent
expired, was a rule as published by myself. If you have lost your
opportunity for relief through (the) Patent Office, you must of
course go to Congress. I have always regarded your improvement as
valuable, and that the country is greatly indebted to your
persevering efforts, notwithstanding the obstacles presented.
"Yours respectfully,
"HENRY L. ELLSWORTH.
"Mr. Obed Hussey, Balto., Md."
Hussey acted on this official advice, and did "postpone an application
until near the time the patent would run out"--literally so, for he was
not advised of even the "thirty days' rule."
[Sidenote: Why Mr. Hussey's Application Was Late]
When he again applied, and not "until near the time the patent would run
out," Edmund Burke was Commissioner of Patents. He states in a letter to
Senators Douglas and Shields, under date March 4th, 1850, as follows:
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