CHAPTER XXXIV. PATENTS.

 1. These originated in the desire of the founders¹ of the government to encourage invention, in the belief that the general welfare of the country would be promoted by such a stimulus² to genius, and the power to grant patents was expressly bestowed³ 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 accomplished⁴ the greatest good in its proper day, is at length outgrown⁵, and becomes an embarrassment⁶, requiring to be either essentially⁷ modified or laid aside.

2. A patent right is an exclusive right, granted by an officer denominated the Commissioner⁸ of Patents, in conformity⁹ to law, to the inventor or discoverer of any new and useful article. The exclusive right is conferred by acts of Congress, on compliance¹⁰ of the inventor with certain conditions which are clearly specified¹¹ 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), countersigned¹² 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 anterior¹³ 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 solicits¹⁴ 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 procurement¹⁶ of a patent right.

4. But when obtained, no person except the patentee, has any right to make, sell, or use the article patented, until the time has expired for which this exclusive right was granted, without the permission of the patentee. Any person doing so is liable to a heavy penalty, and may be prosecuted¹⁷ in the Circuit Court of the United States; this court having original jurisdiction¹⁸ in all cases arising under the patent laws. But a writ¹⁵ of error or an appeal lies to the Supreme¹⁹ Court of the United States.

5. The Patent Office, when first established, was a bureau of the State Department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a bureau of the new department, and the commissioner now acts under the general direction of its secretary.

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THE COMMISSIONER OF PATENTS

 

6. Is appointed by the President and Senate. His duties are best explained in the language of the law itself, which, in speaking of the creation and appointment of this official, says that his duties shall be “to superintend, execute and perform all such acts and things touching²⁰ and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be by law directed to be done and performed.”

He has the charge and custody²¹ of all books, records, papers, models, machines, and all other things belonging to the patent office; and has the privilege of sending and receiving letters and packages by mail, relating to the business of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates; among whom are patent office agents, who may be appointed in not more than twenty of the principal cities and towns in the United States. It is their duty to forward to the patent office all such models, specimens²² and manufactures, as shall be intended to be patented.

7. In cases of appeal from the decision of the commissioner, the appeal may be made to the board of examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the patent office, which the commissioner keeps, and which he must affix²³ to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places.

He is also authorized²⁴ to publish a classified and alphabetical²⁵ list of all patents issued at the patent office. This he frequently does, for the information of the public.

1 founders   

n.创始人( founder的名词复数 )

参考例句：

• He was one of the founders of the university's medical faculty. 他是该大学医学院的创建人之一。 来自辞典例句
• The founders of our religion made this a cornerstone of morality. 我们宗教的创始人把这看作是道德的基石。 来自辞典例句

2 stimulus   

n.刺激，刺激物，促进因素，引起兴奋的事物

参考例句：

• Regard each failure as a stimulus to further efforts.把每次失利看成对进一步努力的激励。
• Light is a stimulus to growth in plants.光是促进植物生长的一个因素。

3 bestowed   

赠给，授予( bestow的过去式和过去分词 )

参考例句：

• It was a title bestowed upon him by the king. 那是国王赐给他的头衔。
• He considered himself unworthy of the honour they had bestowed on him. 他认为自己不配得到大家赋予他的荣誉。

4 accomplished   

adj.有才艺的；有造诣的；达到了的

参考例句：

• Thanks to your help,we accomplished the task ahead of schedule.亏得你们帮忙,我们才提前完成了任务。
• Removal of excess heat is accomplished by means of a radiator.通过散热器完成多余热量的排出。

5 outgrown   

长[发展] 得超过（某物）的范围( outgrow的过去分词 )； 长[发展]得不能再要（某物）； 长得比…快； 生长速度超过

参考例句：

• She's already outgrown her school uniform. 她已经长得连校服都不能穿了。
• The boy has outgrown his clothes. 这男孩已长得穿不下他的衣服了。

6 embarrassment   

n.尴尬；使人为难的人(事物)；障碍；窘迫

参考例句：

• She could have died away with embarrassment.她窘迫得要死。
• Coughing at a concert can be a real embarrassment.在音乐会上咳嗽真会使人难堪。

7 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

8 commissioner   

n.（政府厅、局、处等部门）专员，长官，委员

参考例句：

• The commissioner has issued a warrant for her arrest.专员发出了对她的逮捕令。
• He was tapped for police commissioner.他被任命为警务处长。

9 conformity   

n.一致，遵从，顺从

参考例句：

• Was his action in conformity with the law?他的行动是否合法？
• The plan was made in conformity with his views.计划仍按他的意见制定。

10 compliance   

n.顺从；服从；附和；屈从

参考例句：

• I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
• She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。

11 specified   

adj.特定的

参考例句：

• The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
• It is generated by some specified means. 这是由某些未加说明的方法产生的。

12 countersigned   

v.连署，副署，会签 （文件）( countersign的过去式 )

参考例句：

• "Behold your papers, Jarvis Lorry, countersigned." “看看你们的证件吧！贾维斯 - 罗瑞，已经签过字了。” 来自英汉文学 - 双城记
• The payment has to countersigned by the mortgagor. 该付款必须有抵押人的会签。 来自口语例句

13 anterior   

adj.较早的；在前的

参考例句：

• We've already finished the work anterior to the schedule.我们已经提前完成了工作。
• The anterior part of a fish contains the head and gills.鱼的前部包括头和鳃。

14 solicits   

恳请

参考例句：

• They were planning to solicit funds from a number of organizations. 他们正计划向一些机构募集资金。
• May I solicit your advice on a matter of some importance? 我有一件要事可以请教你吗？ 来自《简明英汉词典》

15 writ   

n.命令状，书面命令

参考例句：

• This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
• You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

16 procurement   

n.采购；获得

参考例句：

• He is in charge of the procurement of materials.他负责物资的采购。
• More and more,human food procurement came to have a dominant effect on their evolution.人类获取食物愈来愈显著地影响到人类的进化。

17 prosecuted   

a.被起诉的

参考例句：

• The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。

18 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

19 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

20 touching   

adj.动人的，使人感伤的

参考例句：

• It was a touching sight.这是一幅动人的景象。
• His letter was touching.他的信很感人。

21 custody   

n.监护，照看，羁押，拘留

参考例句：

• He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
• He was taken into custody immediately after the robbery.抢劫案发生后，他立即被押了起来。

22 specimens   

n.样品( specimen的名词复数 )；范例；（化验的）抽样；某种类型的人

参考例句：

• Astronauts have brought back specimens of rock from the moon. 宇航员从月球带回了岩石标本。
• The traveler brought back some specimens of the rocks from the mountains. 那位旅行者从山上带回了一些岩石标本。 来自《简明英汉词典》

23 affix   

n.附件，附录 vt.附贴，盖(章)，签署

参考例句：

• Please affix your signature to the document. 请你在这个文件上签字。
• Complete the form and affix four tokens to its back. 填完该表，在背面贴上4张凭券。

24 authorized   

a.委任的，许可的

参考例句：

• An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

25 alphabetical   

adj.字母（表）的，依字母顺序的

参考例句：

• Please arrange these books in alphabetical order.请把这些书按字母顺序整理一下。
• There is no need to maintain a strict alphabetical sequence.不必保持严格的字顺。