"This is an attempt on the part of the Legislature to direct the manner in which patent rights shall be sold in the State, to prohibit their sale altogether, if these directions are not complied with, and to throw burdens on the owners of the species of property which Congress has not seen fit to impose upon them. I have not time to elaborate the subject, nor even to cite the authorities bearing on the question, and shall therefore content myself with stating the conclusion which I have reached.

It is clear that this kind of legislation is unauthorized. To Congress is given by the Constitution the power "to promote the progress of science and the useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries." This power has been exercised by Congress, who have directed the manner in which patents shall be obtained, how they shall be assigned and sold.

The property in inventions exists by virtue of the laws of Congress, and no State has a right to interfere with its employment, or annex condition to the great. If the patentee complies with the laws of Congress on the subject, he has a right to go into the open market anywhere within the United States, and sell his property. If this were not so, it is easy to see that a State could impose terms, which would result in a prohibition of the sale of this species of property within its borders, and in this way nullify the laws of Congress which regulate its transfer, and destroy the power conferred upon Congress by the Constitution. The law in question attempts to punish by fine and imprisonment a patentee for doing with his property what the National Legislature has authorized him to do, and is therefore void."

"The policy of the Government to provide a uniform system of rights and remedies throughout the United States upon the whole subject matter of patents for new and useful inventions and discoveries, by placing it under the control of Congress and the federal courts, would be frustrated if such State legislation could directly or indirectly limit, restrict, or take away the remedy."

"The force," states the Commissioner, referring to his department, "consists of two distinct classes, the examining and the clerical, with the usual auxiliaries of laborers and messengers.

"The examining corps consists of 22 principal examiners, each having a first, second, and third assistant; of an examiner of interferences, and an examiner of trade marks. Each principal examiner has charge of a class relating to some one or more kindred subjects matter. Each one of these principal examiners, with the aid of his assistants, examines all applications in his class as to patentability, and decides all questions relating thereto, both of law and fact. His favorable decision is practically final, and the patent issued upon his order. In case of his adverse decision, appeal may be taken to the Board of Examiners-in-Chief. This board consists of three equal members appointed by the President and confirmed by the Senate. Their legal duty is to hear appeals from the adverse decisions of the principal examiners and from the examiner of interferences, to review the decisions of those examiners, and they may affirm or reverse them. From their adverse decision appeal may be taken to the Commissioner in person, or to the Assistant Commissioner acting as Commissioner. * * *

"The duties of the examining corps are partly scientific and partly judicial. They require general intelligence, mechanical aptitude, scientific training, familiarity with the state of the art for each particular class, a knowledge of the law and the decisions of the courts relating to patent matters, a judicial turn of mind, willingness to hear arguments and receive information, and firmness to decide adversely to eager applicants. The examiner, in the performance of his duties, is required to make laborious researches in order to ascertain the novelty or the lack of novelty of applications submitted to him. In making the search, he acts the part of prosecuting attorney at the same time. When the search is completed, it is his duty to decide questions, nice and perplexing, as to differences between the process or machine sought to be patented and those already shown in references to his class. I need hardly add that this duty requires of the examiner an amount of patience, fairness, intelligence, and fidelity not often to be found. And, further, that on the one hand he shall be so sustained that he can act honestly and intelligently, without fear and without favor; and on the other hand, that he shall not be so sustained that he can in security act carelessly or unwisely."

"A few of the older examiners and assistant examiners were, in my judgment, incompetent for the positions they held, and some have been reduced in grade or discharged since I came into office. In respect to others, I propose to submit recommendations. Many of the older and most of the examining corps appointed since 1869 are able and faithful officers. With respect to them I have but few recommendations to make. In the performance of their difficult executive and judicial duties they need only the incentive that faithful official service will be appreciated. The standard of the examining corps may, and undeniably should be, raised. It is possible on the pay allowed by law (although that pay has not been enough to retain some of the best and most experienced men) as it now stands to elevate the standard of the corps in point of ability, but it is a work which needs to be done gradually. Some of the less able officers have acquired long experience, considerable knowledge of the business, and in some respects render better service than inexperienced though abler men. But they have long since reached their maximum, and their maximum is small. On the other hand, great care is required in the selection of new men."

"Its efficiencies are not up to the standard required by the public interests, nor that which the salaries paid ought to command. The renovation of this force and the elevation of the character of it require time and patience. By carefully sifting out the incompetent and inattentive, I am confident that the Office may be benefited both by the addition of better elements and by better services from those who are retained.

"In respect to reductions, I am of the opinion that the examining corps should be kept up to the maximum allowed by law. The clerical force, I think, may be reduced, when improved in the manner heretofore indicated, and when the method of carrying on the clerical business is charged as I shall hereafter suggest."

"The method of conducting the receipt of applications, examination of cases, and issue of patents,: adds the Commissioner, "appears to have been carefully thought out at a very early period in the history of the Office. It works well, is as simple as is consistent with the proper safeguards and checks, and needs no change."

"There is no need for going far outside the business of the Office to find matter for examination in order to test the fitness of applicants for appointments. I have found by an experience of nearly three years that an examination in matters pertaining to official business, or pertaining to matters intimately connected therewith, is all that is required, not only to test the knowledge of an applicant, but the quality of his mind and mental habits."