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[337] 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.
4. But when obtained, no person except the paten............