No. 399.] 385 



No transcendentalism can compete with so great absurdity. 



Every application for a patent should be taken up for examination 

 as soon as made. Justice requires it, and the true policy of the sys- 

 tem requires it. Frequently the inventor, on the completion of his 

 invention, has nothing else left. Years of toil and his last means are 

 all invested in it. While others have been engaged in accumulating 

 houses and lands, to be held by them for life, and then descend to 

 their children, he has been laboring to produce an invention, to be 

 enjoyed by himself for the short term of 14 years, and then to pass to 

 the public for general good. He has no other means of support, and 

 must even seek pecuniary assistance from others to put the invention 

 into operation ; but he must first be able to show his legal title, and 

 he can get no assistance until he receives his patent. Had he spent 

 his time in raising wheat and bullocks to feed upon, legal title would 

 have attached to them as soon as produced ; but, because he has la- 

 bored in a way for greater public benefit, he must stand in abeyance, 

 and suffer the ruinous consequences of months of unnecessary delay. 



But let us not leave this point with only lamentation and com- 

 plaint J a physician's sighs and tears over the suffering of his patient, 

 will neither remove nor mitigate the disease. A remedy is demand- 

 ed, and what shall it be 1 



The immediate cause of this delay is the increase of business in the 

 patent office, and this is only the result of the successful operation of 



the patent system. 



A remedy is not difficult to find ; Congress has been chasing the 

 difficulty with the proper remedy in kind, for several years, but have 

 strangely managed to keep about the same distance behind it. When 

 two additional Examiners have been required, tliey have provided for 

 one, and when three have been required, they have provided for two, 

 thus keeping the supply just so far in the rear of the advancing de- 

 mand, as to perpetuate the grievance. The cause of the delay being 

 progressive, the remedy, to prove effectual, must be adapted to its 

 prospective demands. 



1 Assembly, No. 199." 25 



