of it should have taken out a patent; for want of this, any one not reprinting his book had the right to make and use account-books framed on his plan. By way of contrast is the story of a large blank book, each page of which was marked in spaces, these spaces being numbered to correspond with imaginary bonds and coupons, the idea being that as fast as coupons should be paid they might be kept each in the space appropriate to its number, or any notice received relative to a bond outstanding might be pasted in the space allotted to that bond, for ready reference. The contriver of this "book" patented it, and the Court said that he was right; it was not a literary work, but an invention.
All know that during ten years past improvements in the Office have been made, of which the system of printing patents for distribution and the issue of the "Gazette" are prominent examples. Improvements continue. The classification of subjects of invention has been revised, and is republished in the "Gazette" for January 4th last. As now framed it arranges patented inventions in twenty-four divisions, these being divided into one hundred and sixty-four classes, and these again into nearly three thousand sub-classes. Persons desiring to inform themselves with regard to the state of the art in any line of invention can gain much knowledge by procuring the specifications and drawings in the sub-class containing such invention, or can subscribe for future specifications and drawings in any desired class.
The number of patents which have been issued has now reached nearly a quarter of a million. To examine as many of them as is often necessary for determining the novelty of an application involves so much delay and expense that three successive commissioners have earnestly recommended the preparation of a digest. Congress, this spring, authorized this work, and appropriated ten thousand dollars for the expense.
There have been noteworthy decisions on the effect of an inventor's disclosure of his invention, or of his delay in applying for a patent, to impair his right. They indicate that the importance to inventors of "keeping their own counsel" is not sufficiently understood. An inventor may make use of his invention to test its operation, ascertain its defects, and mature improvements, quite freely; and, if these are his purposes, the facts that the use was openly known and was beneficial to the public are not fatal to his right. For example, the patent for the Nicholson pavement was contested on a showing that in 1854, before applying for a patent, the inventor laid a block of the pavement in a Boston street to test its merits. The Supreme Court said that as he had not used or allowed others to use it for profit, but only by way of experiment, there was no abandonment. But a slight disclosure by way of sale or manufacture for sale may destroy the right. For example, an inventor's making three sets of articles of ladies' wear for two ladies of his acquaintance, who wore them until they were worn
