THE UNITED STATES PATENT LAWS 383 



It is not to be understood that the examination referred 

 to an investigation of the prior art. The only examination 

 required was of the petition, description, drawing, etc., of the 

 application. 



The next patent act was amendatory in its nature, and 

 was passed in 1793. Among other changes, it imposed the 

 duty of issuing patents upon the secretary of state, subject, 

 however, to the approval of the attorney general. 



From 1793 down to 1836, various unimportant amend- 

 ments to the patent laws were enacted. In the last men- 

 tioned year, however, the first comprehensive law was passed 

 relating to the granting of patents. This law remained 

 in force until 1870, and was in fact in substance very much 

 the same as our present laws. 



By the enactment of 1836, a sub-department of the 

 state department was created, which was known as the patent 

 office. Provision was made for the appointment of a commis- 

 sioner of patents, and the commissioner of patents was re- 

 quired to make or to have made an examination of the 

 alleged new invention or discovery to determine whether or 

 not the same had been invented or discovered by any other 

 person in the United States prior to the alleged invention 

 thereof by the applicant and to determine whether or not 

 in view of the prior art, the applicant was entitled to a patent. 



Prior to this act examinations were not required, and 

 if the applicant averred that his alleged invention was new 

 and novel, the commission or the secretary of state was re- 

 quired to grant or issue a patent upon his application, pro- 

 vided the discovery or invention of the applicant was deemed 

 of sufficient importance. 



It will readily be seen that a patent granted under such 

 circumstances was necessarily of very small commercial value, 

 because it would not be reasonable to expect men to invest 

 their capital in a species of property good title to which 

 and the value of which were so uncertain. 



The act of 1836 estabhshed patent property upon a 

 higher plane than it had ever before occupied and it is be- 

 lieved that the importance of this act to the people of the 

 United States cannot be overestimated. 



