From Vol I of the Annual Report of the Commissioner of Patents, 1790-1836, copy in Commissioner's private official library
pages 789-802
31ST CONGRESS [DOC. NO. 38] HO. OF REPS
1st Session State Dept.
PATENT OFFICE
January 27, 1830
Referred to the Committee on the Judiciary
MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TRANSMITTING
A Communication from the Secretary of State in relation to the Patent Office
To the Senate and House of Representatives of the United States
I submit to Congress a communication from the Secretary of State, together with the report of the Superintendent of the Patent Office to which it refers, showing the present condition of that office, and suggesting the necessity of further legislative provisions in regard to it; and I recommend the subjects it embraces to the particular attention of Congress.
It will be seen that there is an unexpected deficiency in the accounts which have been rendered at the Treasury, of the fees received at the office, amounting to four thousand two hundred and ninety dollars; and that precautions have been provided to guard against similar delinquencies, in future. Congress will decide on their sufficiency, and whether any legislative aid is necessary upon this branch of the subject referred to in the report.
ANDREW JACKSON
Washington, 26th January, 1830
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Department of State
Washington, 21st Jan 1830
The Secretary of State has the honor of submitting to the President, a report made to this Department, pursuant to his directions, by the Superintendent of the Patent Office. It gives a statement of the past and present conditions of the office, and contains suggestions which are well entitled to the consideration of Congress.
To avoid mistake, and as an act of justice to those who have heretofore been entrusted with the funds of the office, the Superintendent was directed to re-examine his statement in relation to the alleged deficiencies in the accounts which have been rendered to the Treasury, and to give notice thereof to the legal representative of Dr. Thornton, heretofore Superintendent, and to Mr. Elliot, who, until this last summer, was the principal clerk of the office. The accompanying papers show that those directions have been complied with, and also exhibit the result of the re-examination.
t will be seen by the accompanying report, that precautions have been recently adopted, which cannot fail to prevent such irregularities in future, and will secure a faithful account of this portion of the public funds. The report likewise suggests the necessity of further legislative provisions, in reference to the suitable completion of the building in which the office and models are kept, and the employment of additional clerks, which are essentially necessary, in the opinion of the Secretary, for the preservation and display of the numerous models referred to, and for the execution and despatch of the business connected with this branch of the public service.
Respectfully submitted,
M. VAN BUREN
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PATENT OFFICE
January 20th, 1830
Sir:
According to your instructions, I wrote to Mrs. Thornton, and Mr. Elliot. Copies of the letters, and Mr. Elliot's answer, I have the honor now to transmit. I beg leave to observe, that the causes assigned by Mr. E. are altogether insufficient. The patents re-issued, are all marked in the "Entry Book," and not one of them taken into the list I made out. If they were, they would not answer the purpose. Thus, in 1818, there was not one re-issue; yet there was a deficit of $1920; and 58 patents omitted in the Secretary's report to Congress. In 1819, there was one reissue, and a deficit of $1620: and in no year does there appear to have been more than three patents re-issued. The other causes assigned, it is presumed, require no notice. From Mrs. Thornton, no answer is received.
With great respect, I am, etc.
JOHN D. CRAIG
HON. MARTIN VAN BUREN
Secretary of State
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DEPARTMENT OF STATE
Patent Office
January 15, 1830
MADAM:
You are respectfully requested by the Hon. M. Van Buren, Secretary of State, to afford this office such information or explanation as it may be in your power to communicate, in relation to a discrepancy which appears to exist between the number of patents issued from the year 1790, to the year 1828 (inclusive) and the amount of monies paid into the Treasury of the United States; the deficit of money is from four to five thousand dollars.
Any communication you may please to make, is requested on or before Tuesday next.
I have the honor to be, Madam, Your obedient serv't
JOHN D. CRAIG
Mrs. A. M. Thornton
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DEPARTMENT OF STATE
Patent Office
January 15, 1830
SIR:
You are respectfully requested by the Hon. M. Van Buren, Secretary of State, to afford this office such information or explanation as it may be in your power to communicate, in relation to a discrepancy which appears to exist between the number of patents issued from the year 1790, to the year 1828 (inclusive) and the amount of monies paid into the Treasury of the United States; the deficit of money is from four to five thousand dollars.
Any communication you may please to make, is requested on or before Tuesday next.
Yours, respectfully,
JOHN D. CRAIG
Wm. Elliot, Esq.
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Washington, January 16, 1830
SIR:
Yesterday I received your letter of the 15th instant, requesting information respecting a "discrepancy which appears to exist between the patents issued and the Treasury receipts," to which I most respectfully reply:
In order to under stand the principle on which patents were issued by the late Dr. Thornton for many years, it will be necessary to recur to the origin and progress of the patent office. From about the year 1790, till 1803, the patents were issued by a clerk in the Department of State. At that period, Dr. Thornton was appointed by Mr. Jefferson to issue the patents, and he took upon himself the title of Superintendent; and he continued to issue them for 24 years, or till the time of his death in 1827.
During many years of his superintendence, he conceived himself to be invested with, and exercised freely, much discretionary power in the issuing of patents; for he held it as a maxim, and, I believe, a very good one, that the patent law was made solely for the "encouragement of authors and inventors;" and not to collect revenues; and therefore, when any mistake or omission took place in issuing patents, whether by the inventor or the office, he would order a new one to be issued, without payment of an additional patent fee; however, it was not till about the years 1815, or 1816, that he put this principle in full operation, and from that time till about 1824, many patents were issued for amended specifications, without the payment of any additional fee.
A minute or memorandum was regularly made, of all patents issued, whether for new or corrected specifications; thus, a much greater number of patents will appear in the entry books, than there are treasury receipts. Also, in the annual report made to Congress of patents issued, those for which no fee had been paid, were omitted: or rather, I believe the Doctor reported only as ;many patents as there were Treasury receipts. This, of course, will make the list of patents furnished to Congress appear to contain fewer names than the entry books. It remains to be proved by experience, whether the present system of issuing patents, without limitation or obstruction, is more beneficial to the country, than the judicious exercise of a discretionary power, vested in the superintendent, to aid the ingenious, but poor man, in obtaining a perfect patent, without further expense than the original patent fee, and also, for refusing patents (under the control of the Secretary of State and Attorney General) to mere speculators (not inventors) who make a business in levying contributions on the public by licenses under the title of "patents," for neither new nor useful inventions, signed by the President, Secretary of State, and Attorney General, and who fill the country with litigation.
There are other causes that operated in producing a disagreement between the number of patents issued, and the treasury receipts; for in all cases where the money was lost a patent was issued without a fee, the patent itself containing a receipt for the patentee.
However, besides the causes above mentioned, it was frequently discovered, by those in the office, that, owing to the want of a proper system, patents were issued by mistake without a fee; therefore to avoid in future these mistakes, and to introduce into the office a more perfect system of accountability, about 6 or 7 years ago, I made a representation of the same to the Secretary of State, and the chief clerk, D. Brent, Esq. In consequence thereof, about the year 1823 or 1824, all moneys received for patents were ordered to be paid into the hands of the agent of the Department of State. About the same time, it was decided by the Attorney General of the United States, that all patents re-issued for defective specifications (except for clerical errors) were required to pay a new fee: from that time, therefore, til the present, the Treasury receipts and number of patents issued, as minuted in the entry book, will probably nearly correspond, though not exactly, because the money was often received in one year, and the patents issued in another.
I will here beg leave to remark (though it does not exactly come within the request of your letter, nor will it account for the discrepancy referred to,) that in cases where a person had inadvertently paid his money into the Treasury, and could not withdraw it, the Doctor was in the habit of transferring this individual's money to pay the patent fee of another; and giving the money of the new applicant to the one whose money was already in the Treasury, but did not wish to have a patent: thus, many patents will appear to have been issued without fees, because the money was paid in a different name from that of the person obtaining the patent.
As regards myself, during the many years I was in office, it never was any part of my duty either to receive the patent fees or issue the patents; mine was the laborious part of copying specifications, and giving information: and I can say with truth, that much of the money now in the Treasury to the credit of the Patent Office, over and above all the expenses attending the issuing of patents, was earned by my labor.
In some cases when applicants for patents sent their money and papers, and the invention was not considered new, or interfered with another, the money was then deposited in a Bank, till a decision took place. This account was at first kept in the Bank of Columbia, in the Doctors name; after the removal of that Bank it was deposited in the Bank of the Metropolis, where it was kept for some time; but being found troublesome, and not profitable to the Bank, (the amount deposited being trifling, and after short intervals deposited and drawn out,) the account was ordered to be closed by that Bank. Then, at the request of Doctor Thornton, an account for the above purpose was opened with the Patriotic Bank in my name. This also was closed in 1825; as will be seen by the statement of Robert W. Fenwick, herewith enclosed. However, it will be seen these were altogether private responsibilities, and did not in any way concern the public: the person sending the money will, of course, look for repayment to the person receiving it; as far as it respects me, all these cases have been fully discharged.
Since 1825, till the time I left the Patent Office in May, 1829, all moneys received for patents, whether to be paid immediately into the Treasury, or deposited in the Bank, were paid into the hands of the Agent of the Department of State.
Therefore, the causes of the discrepancy between the patents issued and the Treasury receipts were, in my opinion, occasioned chiefly, by
1st. The re-issuing of patents for defective specifications, without additional patent fees.
2nd. For patents issued, when the money was lost, &c.
3d. For patents issued, through mistake, without the fees being first paid, and for want of a proper system, such as was adopted in 1824.
I am, most respectfully,
Your obedient servant
WILLIAM ELLIOT
TO JOHN D. CRAIG, ESQ.
Superintendent of the Patent Office
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Washington County ) ss
DISTRICT OF COLUMBIA )
On this, 3d day of December, 1829, personally appeared before the subscriber, a justice of peace in and for the above county, Robert W. Fenwick, of the City of Washington, D.C. and made oath according to law, to the truth of the following statement of facts, according to the best of his knowledge and belief:
C.H.W. WHARTON, J.P.
Statement above referred to.
That, previous to the year 1825, or thereabouts, it was the custom of the late Superintendent of the Patent Office, Dr. Thornton, to receive all the patent fees, and when the patents were ordered by him to be issued, to send the money to the Treasury; but in cases where they were not immediately decided upon, either to retain the money in his own hands, or put it into a Bank, till a decision took place. If the patents were to be issued, then the money was paid into the Treasury; but if not issued, it was returned to the person who sent it, and that I have, in every instance, paid all the money thus entrusted to my care into the Treasury.
I also further solemnly swear, that in the cases where the money was deposited in the Patriotic Bank, in the name of William Elliot, it was so done by the request of the said Dr. Thornton; and that the name of the person sending it, was always mentioned in the note accompanying it to the Bank; and the same name was always mentioned in the order which drew it out again: And further, that when William Elliot declined having more to do with the money belonging to the applicants for patents, his account was settled at the Patriotic Bank, and his Bank book, with the orders or checks by which the different sums had been drawn, were delivered to the said Dr. Thornton, examined by him, and found correct. This took place in the year 1825.
R. W. FENWICK
Witness -- C. H. W. Wharton
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DEPARTMENT OF STATE
PATENT OFFICE
December 22d, 1829
SIR:
In conformity to Executive instructions, that a statement of the past and present condition of the Patent Office should be furnished, I have the honor of presenting you the following report: And am,
With great esteem,
Yours, respectfully,
JOHN D. CRAIG
Hon. Martin Van Buren
Secretary of State
The Patent Office of the United States, was established by act of Congress in 1790; new modeled in 1793; and amended in 1800. Since the latter period, no alterations or amendments of moment, have been made in the patent laws.
The number of patents issued prior to the year 1793, appears to be 47. From 1793 to 1828, inclusive, according to the reports of the Secretaries of State, presented annually to Congress, the number issued, as appears from the annexed table, marked A, was 5,153. But, according to the table marked B, and compiled from the original entries and records now in the office, the actual number issued during the said interval, was 5,380; or 227 more than were reported to Congress.
These, at $30 each, would amount to $161,400
But according to the statement furnished by the
Registrar's office, and marked C, the
corresponding amount of money paid into the
Treasury, during the same time, was 157,110
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Leaving a deficit of $4,290
Unaccounted for between the Patent Office and the Treasury Department: Whereas, according to the number of patents reported to Congress, there would be a surplus paid into the Treasury of patent fees, of two thousand, five hundred and twenty dollars.
On examining table B, it will be seen that the above deficit took place between the years 1815 and 1827: the amount of fees for the number of patents issued during said interval exceeding the corresponding amount of Treasury receipts, by $7,170; and even exceeding the amount of those reported to Congress during the same time, by 1,020.
To reconcile these anomalies, or investigate their origin, is not the present object. It may be observed, however, that previous to the commencement of the present administration, the patents were signed by the Attorney General, before they were filled, and not inspected by him afterwards. At present they are entirely filled up, and have the Treasurer's receipt for the fees, attached to them, before they are presented to him. Consequently, no patent can now be issued till the Treasury fee be paid, and the sanction of the Attorney General, with respect to all the legal requisitions, is obtained. These Treasury receipts show the Bank into which the payment is made, the date of the credit, and the attestation of the Register to their having been registered in his office. These checks, it is believed, will prevent all discrepancies in future.
The number of patents above stated, is that deduced from the records and original papers now in the office; but there are reasons to induce the belief, that a greater number has been issued. This circumstance alone, strongly urges the necessity of having the patents regularly recorded, as they are issued, yet the whole number recorded in the office, is less than seven hundred.
Great deficiencies are found to exist among the models and drawings deposited in the office, nor does it appear that any regular system was ever adopted for arranging and preserving those interesting specimens of the progress of the useful arts, and of national ingenuity.
The propriety of rendering it penal, to remove any papers, drawings, or models, belonging to the office, out of it, is respectfully submitted.
The new apartments, when finished, will afford ample room for a systematic arrangement and classification of the models, corresponding to the nature of the subject to which they respectively belong. The purposed arrangement, already partly executed, may be seen in the annexed document, marked D; and the drawings and original papers are now so ordered, that any one of them called for, can be produced in a few seconds. Still, however, the establishment must remain very imperfect, unless the patents as issued, be regularly recorded; and that can not possibly be accomplished without additional aid afforded to the office. For this purpose, at least, two additional clerks would be wanted: the present number being barely adequate to the current business of the office: and it is daily increasing.
The appropriation of three thousand dollars, made during the last session of Congress, for the purpose of furnishing the new apartments, has proved, as might have been foreseen, quite inadequate. An additional sum of four thousand five hundred and sixty dollars, as appears by the subjoined estimate, marked E, will be requisite for that purpose: and it is highly desirable, that this appropriation be made as soon convenient, as the models, from their present exposed situation, are, by incautious visiters, suffering daily, more or less injury.
If the apartments were completed according to the intended plan, it is believed that no further expenditure of the kind, would be wanted for many years.
When we consider the facility with which, in the United States, patents can be procured, the partiality of men to their own productions, and the sanguine expectations which self-interest thence induces them to indulge, it is not surprising that patents are frequently taken out for the most trifling inventions, The Treasury fee is thirty dollars; and many patents, when obtained, are not worth as many cents. Yet the applicant is highly offended, if advised to keep his money. On the other hand, the community at large is frequently deprived of its common right, by a monopoly of what ought to be free, unless some individual will step forward and subject himself to the risk of a vexatious law-suit. Both these evils, it is presumed, might be, in a great measure, removed by augmenting the Treasury fee for obtaining patents. In England, a patent cannot be obtained for less than one hundred and five pounds sterling; yet, when duly considered, even that sum is a mere trifle compared with the advantages resulting to an individual, from an exclusive interest in using and vending an important invention or improvement, in any useful art or manufacture.
By reference to the Register's statement, marked C, it appears that the Patent Office, instead of being a burden on the Government, is a constant and increasing source of revenue. But it claims attention on a higher ground. It is a repository of national ingenuity. It affords an interesting display of the progress of the useful arts, and of the inventive faculties of man: It holds out incentives to industry; a premium to ingenuity; a powerful stimulus to improvements in the arts and manufactures; the comforts and embellishments of life: and therefore, as a means of national improvement, which is highly entitled to national regard.
All of which is respectively submitted
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A.
STATEMENT of PATENTS for Useful Inventions (issued) as per
reports of the Secretary of State to Congress; and also, an
abstract from the report of the Register, showing the amount of
funds received in the Treasury each year for that object.
Years From Reports From Reports Differences
to Congress of Register
Number At $30 Number At $30 Plus Minus
of each of each paid paid
Patents amounting Patents amounting in in
to to Treasury Treasury
1793 20 600 22 660 60 00
1794 23 690 19 570 00 120
1795 11 330 20 600 270 00
1796 44 1320 46 1380 60 00
1797 51 1530 49 1470 00 60
1798 28 840 29 870 30 00
1799 43 1290 42 1260 00 30
1800 41 1230 41 1230 10 00
1801 44 1320 47 1410 90 00
1802 65 1950 70 2100 150 00
1803 97 2910 97 2910 00 00
1804 84 2520 89 2670 150 00
1805 57 1710 57 1710 00 00
1806 62 1860 80 2400 540 00
1807 99 2970 95 2850 00 120
1808 159 4770 162 4860 90 00
1809 203 6090 223 6690 600 00
1810 223 6690 222 6660 00 30
1811 215 6450 227 6810 360 00
1812 237 7110 222 6660 00 450
1813 178 5340 196 5880 540 00
1814 207 6210 203 6090 00 120
1815 166 4980 166 5850 870 00
1816 201 6030 201 5760 00 270
1817 172 5160 172 4680 00 480
1818 167 5010 167 4740 00 270
1819 100 3000 102 3060 60 00
1820 117 3510 124 3720 210 00
1821 153 4590 159 4770 180 00
1822 201 6030 200 6000 00 30
1823 164 4920 158 4740 00 180
1824 205 6150 209 6270 120 00
1825 299 8970 298 8940 00 30
1826 324 9720 314 9420 00 300
1827 329 9870 352 10560 690 00
1828 364 10920 362 10860 00 60
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5070 2550
2550 Deduct
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5153 154590 5237 157110 2520 Plus in Trs.
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The report from the Register of the receipt of moneys for this object, only goes back to 1793, but the Congressional reports commence in 1790. For the years 1790, 1791 and 1792, there were issued 47 Patents, which, if deducted from the sum of $2,520, would still leave $1,110 plus paid in the Treasury.
DEPARTMENT OF STATE, 11th December, 1829
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B.