« ZurückWeiter »
TO THE PUBLIC.
Much experience in procuring Patents, both for the United States and Europe, has caused, on our part, the accumulation of information of public importance, to no inconsiderable amount. And, although we have the aid of a well selected and valuable library; yet; the information is in many works, and not often in a brief and comprehensive style, nor yet in the most understandable form possible. In view of these facts, we have prepared the present work, on “ The Laws and Practice of procuring Patents in several Governments ;' and we have endeavored to give an intelligible account of the method of obtaining them. Not that we wish to convey the idea that the inexperienced can, by this book, learn all the practice in procuring Patents-for, as persons having experience, we can truly aver, that there is no business or profession where greater ingenuity and skill are indispensable, even when coupled with the best judgment and experience, than that of “ Procuring Patents for Inventions."
Although some professions may be better practiced by surrounding them with an air of mysterious importance, and assumed dignity, we deem such ideas entirely repugnant to the spirit of the age we live in, as well as to the interests of those we wish to serve, than whom, no class of our community are more intel ligent than inventors. But, the inventor should reflect, that a good “ Patent Agent” ought thoroughly to understand the Laws of Patents, and, likewise, be practically acquainted with the construction of machines, and with chemistry;
-to these we may safely add a constant study of the arts and inventions of the times, and include, at least, some knowledge of the branch of science to which the invention in question belongs, and we have then the mere elements of what is requisite to make a competent “ Patent Agent." For an intelligent description constitutes as important a feature in the instrument called a “ Patent," as tae machine or invention itself constitutes an important feature on which to base a Patent at all.
Those who have experienced the multiplied difficulties of trying to procure Patents by their own personal exertions, and without the aid of Attorneys, will, we feel sure, be the last again to try such experiments,—for as inventions and Patents multiply, so difficulties increase, in each of the several branches of science where Patents may be obtained. By the foregoing it will be under
stood that we by all means advise the inexperienced to be extremely cautious. They may rely upon the judgment of the experienced, that the money paid to a good Agent is really money to profit rather than otherwise : therefore employ the best Agent you can find, to obtain your Patent, for, with the aid he can give you, your risks will be great enough. Remember “what is worth doing, is worth well doing;" but be sure to know of the ability, integrity, and responsibility of the reputed Agent before you entrust your business to his hands, for it is said that some incompetent persons essay this profession. Therefore, if you would be safe, and obtain Patents of a substantial character, instruments that will stand the test of Courts, employ those who understand their business perfectly, and you will seldom fail in accomplishing your desires.
At our office, inventors will find every facility for procuring Patents in the UNITED STATES, and in all the GOVERNMENTS OF EUROPE, whose Laws appear in this work, and these are all that issue Patents for Inventions. Believing that these pages bear some evidence of the information in our possession, to which we may add that derived from much experience in procuring Patents, in all the governments named herein ; having been engaged ip the several capacities of issuing, re-issuing, amending and opposing the issue of Patents, thus affording much opportunity for personal observation in all branches of our profession. Although the patronage we enjoy may have been in part superinduced by our position as editors of a monthly scientific work, called “ The Eureka, or the National Journal of Inventions, Patents, and Science," still we are more inclined to refer for this to the principles adopted by us in our practice, and to the very complete arrangements we have in foreign countries, for correspondence, &c., by which means unfailing success has attended the various enterprizes we have undertaken for inventors. Thus, the assurance is afforded that business placed in our hands will be conducted with the promptness, zeal, and despatch which necessarily result from the well-contrived machinery of our establishment.
In closing, we will remark that we have very perfect arrangements for introducing Inventions to the public, either for the sales of “ Patent Rights," or inven tions. In Europe, particularly, we have the very best facilities for selling the inventions of our fellow-inventors of the United States, in such a way as to se cure to the inventor an adequate reward for his inventions, if useful in Europe. This may be done entirely by correspondence, while the inventor remains at his home and his business. Believing some of them to be advantages not hitherto obtained, we invite inventors to avail themselves of the same, being satisfied of the solid and well-attested assurances we can give.
KINGSLEY & PIRSSON.
No. 5 WALL STREET New-YORK.
Fully aware of the weighty responsibility of the undertaking in which we have embarked, our best exertions to produce a work more conspicuous for its truth and brevity than its eloquence, will, we trust, be evident. Before proceeding farther, we have a duty to perform involving justice to others; and in this we refer to the fact, that, besides the Laws of Patents themselves, we are indebted for a large proportion of the facts, ideas, and information, in regard to Foreign States set forth in the succeeding pages, to the works of Hindmarch, Carpmael, and Newton, of England, Urling, of Belgium, and Perpigna, of France ; and as all of these are authors of high character, we consider it more a merit to compile from such pens than to claim the merit of entire originality, not only of facts but ideas, a fault, we fear, too common in the literary world of the present time.
In commenting upon the Laws of Patents in this work, we have sought rather to do justice to one feature, than to glance merely at the many, and on this basis claim to have reduced the whole to an understandable position. In order to understand the Laws of Patents of either England or the United States, alone, leaving other countries out of the question, requires not only much study and long practical application under favorable circumstances, for it is considered somewhat doubtful whether a perfect knowledge may be ever obtained of all the points as yet unsettled in these Laws. Conscious of the before named facts, we have mostly confined our remarks to those portions of the Laws, which, in addition to their having been least treated on, are by far the most sought after by the mechanical public; or, that part of society
most interments in procuring ang for the course Whilities of here
most interested in inventions. We refer to the practice used in all governments in procuring and granting Patents for inventions. We have, besides, other reasons for the course we have taken, and among the most prominent are the strong probabilities of hereafter making the other parts of the Laws the subjects of future works, for there is sufficient matter for many volumes involved in the Court practice upon Patent cases alone.
In regard to the procuring Patents we have endeavored to be special, and to give correct information in its most simple form, believing the more information the world has on this subject the greater are they benefitted for whose advantage these Laws profess to be exclusively made. As by such they will understand that it requires something more than a written parchment to make an instrument which the Courts will consider a valid and bona fide Patent, for an invention. Not that we wish to accuse inventors of negligence in respect to protecting their rights to a monopoly of their inventions, as secured to them by the Laws, but that they lack information of the forms and proceedings necessary and proper, in order to do so. This will appear more obvious in view of the facts, that little, comparatively, has been written or printed on these subjects, this being the first book ever undertaken, where all the Patent Laws now in force, of all governments of the world, have been presented in any single work. And it has not been accomplished at this time without much labor and research, to which may be added no inconsiderable expense. In arranging the Laws, we have taken care to give them uniformity and order, introducing proper titles, with marginal readings throughout, by which means every facility is given for rapid search.
However, the work is before the reader, and judgment on its merits we leave to his decision, with the hope that he will find in its pages the desired instruction and information, while the Laws will stand sponsors for themselves.
Take the Laws separately, and each will be found to contain many gross errors, with regard to the true nature of Patent privileges, and much that is positively wrong. Yet, if we were to select the good parts from all the several Patent Laws, a Law could be framed that would much improve the condition of the inventors of the world, render justice more easy to be obtained, save much time to our enlightened judiciary, and less frequently be the subject of almost endless controversy at the bar, and finally make it
much more simple to procure good and valid Patents. This last difficulty is becoming greater every year, as inventions and Patents multiply, a multiplication which does not seem likely to decrease
during the preill not be slow. Patent Laws of oners, for the puro
· Inventors will not be slow to perceive that there is one favorable feature found alike in the Patent Laws of every government. And that is protecting the inventions of foreigners, for the purpose of encouraging the introduction of new manufactures into them. Thus civilized nations, with one accord declare national boundaries extinct with respect to inventors, and freely acknowledge that the wide world is their field. A few inventors have taken advantage of this fact, by extending the field of their operations, and the result has been the acquisition of rapid fortunes. It needs but the information we have given in this book to enable all to judge of the propriety of reaping the rich reward thus held out.