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REPRINT AND CIRCULAR SERIES

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NATIONAL RESEARCH
COUNCIL

REPORT OF THE PATENT COMMITTEE

OF THE
NATIONAL RESEARCH COUNCIL

Presented for the Committee
By L. H. Baekeland, Acting Chairman

Published (without proposed bills) in Chemical and Metallurgical Engineering,
February," 1919, vol. 20, no. 4, pages 150-151

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REPRINT AND CIRCULAR SERIES

OF THE

NATIONAL RESEARCH COUNCIL

NUMBER 1

REPORT OF THE PATENT COMMITTEE OF THE
NATIONAL RESEARCH COUNCIL*

Presented for the Committee

BY L. H. BAEKELAND
ACTING CHAIRMAN

The Commissioner of Patents in 1917, with the approval of the Sec-
retary of the Interior, requested the National Research Council to ap-
point a committee to investigate the Patent Office and patent system,
with a view to increasing their effectiveness, and to consider what might
be done to make the Patent Office more of a national institution and
more vitally useful to the industrial life of the country.

Mr. Thomas Ewing, who is a member of your Patent Committee, was
the Commissioner of Patents who took that action.

The National Research Council, complying with the request, ap-
pointed a Patent Committee, consisting of: Dr. William F. Durand,
Chairman; Drs. Leo H. Baekeland and M. I. Pupin, scientists and in-
ventors; Drs. R. A. MilHkan and S. W. Stratton, scientists; Dr. Reid
Hunt, physician; and Messrs. Frederick P. Fish, Thomas Ewing and
Edwin J. Prindle, patent lawyers. On the departure of Dr. Durand for
Europe, Dr. Baekeland was appointed Acting Chairman of the Committee.

Your Committee has approached its work in the belief that the
American patent system has been one of the most potent factors in the
development of the prosperity of our country. Americans, being de-
scendants of the European races, are not naturally more inventive than
are Europeans, but under the incentive of the American patent system
they have produced many more inventions and been able to pay higher
wages and live on a better scale than Europeans.

American inventions have played a vital part in the war. There is
hardly any implement or explosive that our Army and Navy has used

* Published (without proposed bills) in Chemical and Metallurgical Engineering, 20, 150-
151, 1919.

1

2 REPORT OF THE PATENT COMMITTEE

which is not more or less the result of American invention. The Patent
Office is keeping secret and withholding from publication many inventions
made since the beginning of the war and which are useful in war. After
the war, it will be imperative that American inventors continuously im-
prove American products and the manufacture of them and make
basically new inventions to meet and keep ahead of the strenuous efforts
which Germany and other nations will make to attain supremacy by
these methods.

Your Committee has, therefore, carefully investigated the Patent
Office and the patent system, with a view to increasing their effectiveness,
and, based on its investigation and the experience of its members, makes
the following recommendations:

The Committee has concluded to propose a program consisting of but
four features, because it believes those features are of such fundamental
importance that their enactment into law would strengthen the entire
system and directly and indirectly establish it upon a new and much
more advantageous footing before Congress and the public; and because
with a single program, presenting comparatively little opportunity for
difference of opinion as to the desirability of the changes proposed, there
would be an unanimity of opinion in support of it which could not be
obtained if the program were more extended.

A SINGLE COURT OF PATENT APPEALS

The first proposal which your Committee recommends is the estab-
lishment of a single Court of Patent Appeals that will have jurisdiction
of appeals in patent cases from all the United States District Courts
throughout the country, in place of the nine independent Circuit Courts
of Appeal in which appellate jurisdiction is now vested.

Until 1891 the Supreme Court of the United States was the appellate
court in patent cases for all the lower courts. At that time the right
of appeal to the Supreme Court in patent cases was taken away, and that
Court now hears patent cases only upon writs of certiorari, which are
never granted unless certain very unusual conditions exist.

The existence of nine appellate courts of concurrent jurisdiction in
patent cases works serious hardships. While, theoretically, the law is
the same in all of these courts, there has been an irresistible tendency
to drift apart in the application of the law. It has even happened in a
substantial number of cases that two of the appellate courts have taken
a different view of one and the same patent. It is, of course, very im-
portant that the questions which always exist as to the validity and

REPORT OF THE PATENT COMMITTEE 3

scope of a patent should be settled once and for all at the earliest possible
date in the life of the patent, for, as a practical matter, seventeen years
(the term of a patent) is a comparatively short time in which to reduce
the invention to a thoroughly commercial form, to prepare for its man-
ufacture, and to introduce it upon the market, and it is usually neces-
sary to determine the validity and scope of the patent in order to de-
termine the amount of money which it is safe to invest in exploiting the
invention. As things are now, whichever party succeeds in the first
suit that is tried on the patent, the other party is very likely to feel that
in a second trial before another court he might have better luck. He,
therefore, is inclined to insist upon a second litigation. Meantime, he
advertises that the questions involved were not settled in the first case.
This means uncertainty on the part of the owners of the patent as to
their rights and uncertainty on the part of the public as to its rights to
use the invention or to determine what it must avoid in working in the
same field, — a really intolerable situation.

Moreover, we shall never have a uniform and definite patent law, con-
sistently applied, until we have a single Court of Patent Appeals inde-
pendent of local sentiment, realizing a responsibility to fix the principles
of the law and enforcing an harmonious application of these principles
on the lower courts. It would be of the utmost value to those in the
United States who are engaged in industry if the present confused con-
dition could be corrected and a single tribunal devote itself to crystal-
lizing the fundamentals of the patent law and to educating the courts
throughout the land to uniformity in applying these principles in special
cases.

Attached hereto is a copy of a bill for the establishment of such a
Court, which has been advocated for many years by the American Bar
Association, and is No. 5011 of the House of Representatives, 65th
Congress, 1st session. It provides for a court of seven members, which
would sit in Washington, with a Chief Justice appointed for life by the
President. The appointment of the Chief Justice for life is in order
that there may be an element of continuity in the Court. The other
Judges are to be selected by the Chief Justice of the United States
Supreme Court from the various District and Circuit Judges throughout
the land, and each is to sit on the Court of Patent Appeals for a period
of six years, or longer, if reappointed.

There are many advantages in this plan. Among them are the
following:

The Judges would not be men who were appointed as judges primarily
to deal with patent matters. There could be no charge that special

4 REPORT OF THE PATENT COMMITTEE

interests had a hand in their selection or that they were chosen to pro-
mote special views as to the patent law and its application. They would
be men who had been primarily selected by the President as fit to be
Federal Judges in the localities where they live. Federal Judges are
men of a high type, and many of them are broad-minded men, much
respected in the communities in which they serve. They would take up
the work of the Court of Patent Appeals with a breadth coming from the
performance of their general duties of Judges in their own circuits or
districts and would, therefore, escape the narrowing which so often comes
from continuous work in a specialized field.

The Chief Justice of the United States Supreme Court would select
from the District and Circuit Judges throughout the land men whom he
thought most competent to serve for a term on the Court of Patent
Appeals. He would seldom, if ever, take more than one Judge at a
time from any one Circuit. The Court, therefore, would be made up of
men who were primarily Judges and who would be recognized as bringing
to the Court of Patent Appeals the instinct and feelings, on the subject
of the interpretation of the patent law, of the courts and of the people
in the communities in which they live.

Undoubtedly many of them would only be on the appellate court for
one term and after that they would go back to their circuits or districts
with a training as patent Judges such as could be obtained only by sit-
ting for a period of years in such an appellate court. They would not
only be qualified as patent Judges, but they would reflect the atmos-
phere of the appellate court and cause that atmosphere to pervade
their own neighborhood. They would thereafter undoubtedly be selected
to hear patent cases in their lower courts in preference to Judges who
had not had training in the Court of Patent Appeals. The courts
throughout the country would, in time, become educated to the high
and definite standards established by the Court of Patent Appeals, not
only by study of the decisions of that Court, but by the presence in the
lower courts of men who had had this special training in the upper
court.

It is of the utmost importance that these Judges in the Court of
Patent Appeals should be well paid. Otherwise they might not be
willing to break up their homes and go to Washington for a limited
term. We think that their salaries should be higher than those of the
Judges of any court in the United States except the United States
Supreme Court.

The increased expense due to such a court would be small. The
aggregate amount of work to be done by the Judges of the United States

REPORT OF THE PATENT COMMITTEE 5

Courts as a whole would not be changed to any substantial extent,
because all appeals must now be heard by the present courts and Judges
and, if there were a single Court of Patent Appeals, the Courts of 'Appeal
in the nine circuits would be relieved of just as many appeals as were
heard by it. The Judges in some of the circuits are much overworked,
but this is not true of many of the circuits. The Chief Justice of the
United States Supreme Court, in selecting these Judges, could, if he
chose, take into account the work of the different circuits and whether
one circuit or another could best spare a Judge.

As the law now stands, Judges from one circuit may be called upon,
and not infrequently are called upon, to go into other circuits which are
short-handed. In this way, any undue pressure upon the Judges in
any particular circuit, by reason of the loss of any single Judge who went
to the Court of Patent Appeals for six years, could be relieved.

Moreover, it is no hardship to increase the number of Judges where
necessary. The whole judicial system of the United States is said not
to cost as much as it does to run one first-class battleship, and the ad-
dition of a few Judges would be a negligible burden upon the Treasury.

A further advantage of a single Court of Patent Appeals would be
that it would see clearly where there were defects in the statute and in
the conditions and practice in the Patent Office, and would speak with
authority on all matters which affect the theory and practical working
of the patent system.

THE PATENT OFFICE A SEPARATE INSTITUTION, AND INDEPENDENT OF THE
DEPARTMENT OF THE INTERIOR

The second proposal which your Committee recommends is that the
Patent Office be made a separate institution, independent of the Interior
or any other department.

The Patent Office was originally in the State Department, but, on the
formation of the Interior Department in 1849, it was made a bureau of
that Department and has been so ever since.

The only matters connected with the Patent Office with which the
Secretary of the Interior has anything to do are the following: The Sec-
retary of the Interior must submit to Congress all estimates for appro-
priations. All appointments, excepting those of the Commissioner,
two Assistant-Commissioners, and five Examiners-in-Chief, are made by
the Secretary but only on the recommendation of the Commissioner.
The eight places named are Presidential appointments, but the Secre-
tary makes recommendations to the President. All matters of dis-

6 REPORT OF THE PATENT COMMITTEE

barment or reinstatement after disbarment of attorneys are passed upon
finally by the Secretary. All matters of discipline are under the Sec-
retary's jurisdiction. The Secretary of the Interior must approve all
changes in the Rules of Practice of the Patent Office, but he cannot
compel the Commissioner to make any change whatsoever.

No appeal lies to the Secretary from any decisions of the Commissioner,
either in matters of merit or practice. All such matters, as far as they
are reviewable, rest with the Courts of the District of Columbia.

The Secretary of the Interior no longer signs the patents, and has no
jurisdiction to grant or refuse them.

Thus, it will be seen that the Secretary of the Interior is not required
to know anything about patents or patent law. He is not selected
because of any qualifications for the granting of patents or supervision
over the Patent Office. The Secretary of the Interior has less influence-
over the Patent Office than over any other bureau of the Interior De-
partment, because there are appeals to him from all the other bureaus.
Nor is the Patent Office related to any other bureau of the Interior
Department.

The Secretary of the Interior has recently moved out of the Patent
Office building, thus severing physical contact with the Patent Office,
which is but a type of the lack of mental contact between the office of
the Secretary of the Interior and the Patent Office.

The experience of many Commissioners over a period of several gen-
erations has shown that, no matter how pleasant the personal relations
may be, the Commissioner of Patents cannot expect any real benefit to
the Patent Office to flow from its connection with the Interior Depart-
ment. There is nothing in common between the interests of the In-
terior Department and those of the Patent Office, and, consequently,
nothing to produce any advantage from the amalgamation of the Patent
Office into the Interior Department.

Your Committee believes that to make the Patent Office an inde-
pendent bureau would greatly increase the respect of the public and
Congress and the courts for it, and would make it easier to pro-
cure enlarged appropriations and better salaries than under present
conditions.

As to appropriations, under present conditions the demands of the
Patent Office for equipment, personnel, and salaries are necessarily
subjected to comparison both by the Secretary of the Interior and by
Congress with those of several other unrelated bureaus, each pressing its
own demands and criticising any apparent preference. In the opinion

REPORT OF THE PATENT COMMITTEE 7

of your Committee, this operates as a severe handicap. In estimating
the needs of the Patent Office, there should be no discussion of the de-
mands, for example, of the Pension Office or the General Land Office.
As an independent institution, the needs of the Patent Office would be
judged on their necessity and the appropriation be determined by con-
sideration of general policy.

As to personnel: the enhanced dignity and independence of the Patent
Office would render all positions of importance in it more attractive, and
particularly make it easier to secure and retain in office men of the neces-
sary qualifications to fill the difficult office of Commissioner.

A copy of a proposed bill for making the Patent Office an independent
bureau is annexed to this report and its enactment is recommended by
your Committee.

INCREASE IN FORCE AND* SALARIES OF THE PATENT OFFICE

The third proposal which your Committee recommends is a sub-
stantial increase in the force and salaries of the Patent Office. The
patents granted by the United States Patent Office are of less average
probable validity than formerly, because the number of applications for
patent and the field of search are constantly increasing, while the ex-
amining force for many years has been insufficiently large and has not
been increased proportionately. The inducements are so unattractive
that 25% of the examining force has resigned within the past three years.
Your Committee finds that the Patent Office is suffering both from lack
of examiners and from inadequate compensation.

The salaries of the Patent Office examiners have been increased only 10%
since they were fixed in 1848, when they were approximately the same as
those of members of Congress. At the time the salaries of the Examiners-
in-Chief were fixed, they were the same as those of Federal District Judges.
During the past seventy years, the compensation for technical service
in almost all other directions has been increased very largely. Congress,
in creating new positions, is willing to pay technical men salaries more
nearly approximating the usual compensation of such men in private
service, but, having started a position at a given salary, is very loth to
increase the salary. A Principal Examiner, to pass the entrance exam-
ination for the Patent Office, must himself have an education equivalent
to that of a college graduate, and yet his salary is so low ($2,700 a year)
that it is practically impossible for him to give his own sons a college
education.

8 REPORT OF THE PATENT COMMITTEE

Your Committee believes that salaries should be paid to the examiners
proportionate to those paid for equally high technical work in other
departments created recently; such, for example, as are paid in the Army
and Navy and in the office of the Attorney General. The examiners are
passing upon questions often involving millions of dollars, and they can-
not be at their best in this vitally important work unless their salaries
are large enough for them to live comfortably and without strain. The
chances of making mistakes in the granting of patents are great enough
even under the most favorable circumstances, and they should not be
increased by compelling the examiners to work for inadequate salaries.
The inducements should be such as to present compensation and a career
which would attract and hold men of the highest ability. The payment
of adequate salaries and the creation of provisions tending to hold out
attractive prospects to the examiners would also tend to raise the dignity
of the Patent Office and to increase its standing in the estimation of the
public and of Congress and the Courts, and so would tend to enhance
the value to the public of the patent system.

The work of the Patent Office has grown so much more rapidly than
has the examining force that the examination to determine whether or
not the invention claimed in an application for patent is novel is impera-
tively restricted to the field of search where it is most likely that the in-
vention will be found. Many patents are granted which would not be
granted if the examiner had time to make a thorough search. One of the
Assistant-Commissioners of Patents is compelled to devote a large
amount of his time to speeding the work of the examiners in order to
prevent further falling behind in the number of unexamined cases. Money
is often invested on the strength of patents, only to find later that the
patent is upset in the courts, because the Patent Office search did not go
far enough to discover that the invention had already been disclosed in
some earlier patent or publication. The granting of a patent with in-
valid claims or claims which are too broad or which are nebulous is a
menace to the art to which it relates, and until such a patent has bfeen
adjudicated and its effect judicially determined, it tends to prevent
manufacturing and commerce in that art. Such a patent may, in this
way, cost the public many millions of dollars besides the cost of estab-
lishing its invalidity or its true breadth or meaning by litigation, and
the prevention of the granting of such patents by any reasonable in-
crease in the examining force of the Patent Office would, in many cases,
be a very large saving. The inducement to inventors and investors in
patents is consequently lessened, the standing of patents before the

REPORT OF THE PATENT COMMITTEE 9

courts and the public is impaired, and the production of inventions
discouraged.

Your Committee accordingly recommends a substantial increase in
the salaries of the Patent Office officials, and in the number and salaries
of the examiners, as provided in the draft of a proposed bill for that
purpose which is attached hereto.

While your Committee believes that the Patent Office so fully justifies
its existence that it would be an exceedingly profitable investment,
even though all expenses were paid from the public income, the Patent
Office has always been self-supporting and the increase in salaries and
examining force which the Committee recommends can easily be entirely
taken care of by the Patent Office income, if necessary.

COMPENSATION FOR INFRINGEMENT OF PATENTS

While an injunction can ordinarily be obtained against an infringer in
a case where a patent is adjudged valid, except where it would interfere
with Government work, a money recovery has not heretofore been
generally possible except under most favorable circumstances. In a case
where it cannot be said that the entire salability of the article depends
upon the invention, it has been necessary to show just how much of the
price of the article is attributable to the invention, and as it is ordinarily
impossible to make such a separation, and as most patent cases are ones
in which it cannot be said that the whole salability of the article depended
upon the invention, it has resulted that recovery of money is seldom
obtained in a patent suit.

Recently there have been two or three decisions in which the courts
have taken a more liberal attitude, holding in effect that where an in-
vention has been used by an infringer a reasonable royalty may be
awarded to the patentee based on a mere estimation or on opinion evi-
dence, even though no exact computation can be made. This is anal-
ogous to the attitude of the courts in personal injury cases and is entirely
just and reasonable. While, as stated, there have been two or three
decisions to this effect, it may take a generation to induce United
States courts generally to adopt this position, if at all, and the Com-
mittee therefore proposes that the law be amended to provide, that as
damages to the complainant, the court, on due proceedings had, may
adjudge and decree to the owner payment of a reasonable royalty or
other form of general damages. Such an amendment has been provided
in the attached bill amending section 4921, the Revised Statutes of the
United States, and reading as follows:

10 REPORT OF THE PATENT COMMITTEE

If proof is not offered or, in the absence of adequate proof of the amount
that should be awarded as damages or profits, the court, on due proceedings
had, may adjudge and decree to the owner payment of a reasonable royalty
or other form of general damages.

This proposed amendment would enable the patentee in all suits
where the patent has been found valid and infringed to recover at least
a reasonable royalty, and would provide a money recovery in the great
majority of patent suits where no recovery would otherwise be possible.
The Committee believes that the comparative certainty of financial
return would answer one of the most common and strongest reproaches
against the patent system, namely — that a patent does not ordinarily
pay the inventor any money, and it believes that the incentive to
invent would accordingly be greatly increased.

There are some cases in which it seems to many who are familiar
with such matters as though the courts were inclined to go to the other
extreme and award damages out of all proportion. Where a complainant
has shown that profits have been made by the use of an article patented
as an entirety, the infringer is liable for all the profits unless he can show
— and the burden of proof is on him to show — that a portion of them is
a result of some other invention used by him. If the infringer cannot
show what proportion of the profits is due to such other invention, then
all his profits must go to the complainant. Any rule by which the entire
profits are given to a patentee in the absence of proof that they are all
due to the invention of the patent sued upon, is unfortunate and some-
times very unjust. The proposed amendment to the statute would
permit a court under these circumstances to do substantial justice even
though it could not be mathematically exact. In other words, the
amendment to the statute would enable a court to avoid awarding
either too much or too little.

CONCLUSION

Your Committee, believing that the American patent system is
vitally useful in our system of government, therefore recommends that
the reforms herein discussed be enacted into law.

Your Committee also recommends that this report be approved by
the National Research Council and that the Committee be continued
for the purpose of arousing and coordinating interest in and support for

REPORT OF THE PATENT COMMITTEE 11

the necessary legislation of various national societies, manufacturing
interests, bar associations and other elements of the public.
Respectfully submitted,

L. H. BAEKELAND.

(L. H. BAEKELAND), Acting Chairman,
WILLIAM F. DURAND, Chairman (absent in France),
EDWIN J. PRINDLE, Secretary,
M. I. PUPIN,

R. A. MlLLIKAN,

S. W. STRATTON (see reservation below),
REID HUNT,

FREDERICK P. FISH (see reservation below),
THOMAS EWING,
Approved: JAMES T. NEWTON,

Commissioner of Patents.

RESERVATION BY DR. STRATTON

I agree to the terms of the report with the exception of that portion
which refers to the establishment of the Patent Office as a separate gov-
ernment institution. It is not quite clear in my own mind that this would
be the best thing to do since in general it is best for all government es-
tablishments to be represented in the Cabinet.

S. W. STRATTON.

RESERVATION BY MR. FISH

I entirely concur in the substance of the conclusons set out in the above
report.

I think, however, that the words 'if proof is not offered, or' in that por-
tion of proposed amendment to Section 4921 which deals with damages
and profits, should be omitted so that the sentence in which those
words appear should read:

In the absence of adequate proof of the amount that should be awarded as
damages or profits, the Court, on due proceedings had, may adjudge and de-
cree to the owner payment of a reasonable royalty or other form of general
damages.

I do not think that a Statute should directly or indirectly contemplate
a condition in litigation in which 'proof is not offered.' I believe that
the clause which I suggest would accomplish the desired purpose and
that the Courts in applying the clause would be embarrassed if the
phrase 'if proof is not offered' were in the Statute.

12 REPORT OF THE PATENT COMMITTEE

I think also that general damages by way of a reasonable royalty or
otherwise should not be awarded unless it appeared that actual damages
or actual profits due to the unlawful use of the invention could not be
determined and that there should not be any language in the Statute
which implied that no effort be made to determine such actual damages
and profits. FREDERICK P. FISH.

65 TH CONGRESS,
1ST SESSION.

H. R. 5011

IN THE HOUSE or REPRESENTATIVES
JUNE 13, 1917

MR. CHARLES B. SMITH introduced the following bill; which was referred to the
Committee on the Judiciary and ordered to be printed

A BILL

To establish a United States Court of Patent Appeals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That there is hereby created a United States
Court of Patent Appeals, which shall consist of seven judges, of whom five
shall constitute a quorum, and shall be a court of record with jurisdiction as is
hereinafter limited and established. Such court shall prescribe the form and
style of its seal and the forms of its writs and other process and procedure as
may be conformable to the exercise of its jurisdiction as shall be conferred by
law. It shall have the appointment of the marshal of the court, who shall have
the same powers and perform the same duties under the regulations of the
court as are now provided for the marshal of the Supreme Court of the United
States, so far as the same may be applicable. The court shall also appoint a
clerk, who shall have the same powers and perform the same duties now
possessed and performed by the clerk of the Supreme Court of the United
States, so far as the same may be applicable. The salary of the marshal of
the court shall be $3,500 a year, and the salary of the clerk shall be $5,000 a
year, both to be paid monthly in twelve equal payments. The costs and
fees now provided by law in the Supreme Court of the United States shall be
the costs and fees in the United States Court of Patent Appeals ; and the same
shall be collected, expended, accounted for, and paid over to the Treasury De-
partment of the United States in the same manner as is provided by law in
respect to the costs and fees in the Supreme Court of the United States. The
court shall have power to establish all needful rules and regulations for the
conduct of its business within its jurisdiction as conferred by law.

SEC. 2. That the President of the United States, by and with the advice and
consent of the Senate, shall appoint a chief justice of said United States Court

REPORT OF THE PATENT COMMITTEE 13

of Patent Appeals, and as vacancies occur shall in like manner appoint others
to fill such vacancies from time to time. The acceptance of that office by a
circuit or district judge of the United States shall vacate his office as circuit or
district judge.

SEC. 3. That upon the taking effect of this Act the Chief Justice of the Su-
preme Court of the United States shall designate from among the circuit and
district judges of the United States six judges to sit as associate judges of the
United States Court of Patent Appeals, three of them to sit for three years from
the first day of the first term thereof, and three of them to sit for six years from
the first day thereof, as associate judges of the same court for six years from
the first day of the first term thereof. And after that, as the periods expire
for which such designations shall have been made, the Chief Justice of the
Supreme Court of the United States shall fill the vacancies thus occurring by
designation of the same or other judges from among the circuit and district
judges of the "United States, to sit for periods of six years each. In case of
the death, resignation, or disability of any associate judge of the said court or
of his resignation of his seat in said court the Chief Justice of the Supreme Court
shall designate another circuit or district judge of the United States to sit for
the unexpired period for which his predecessor has been designated. The
designation of a judge to sit as associate judge of the United States Court of
Patent Appeals must be with his consent, and his service in that court shall
not vacate his office as circuit or district judge, as the case may be.

SEC. 4. That a term of the United States Court of Patent Appeals shall be
held annually at the city of Washington, beginning on the second Monday of
October in each year, and the same may be adjourned from time to time as
the court shall order. If at any time for the meeting of the court a quorum of
the judges shall not be present, the judges present may adjourn the court and, if
necessary, adjourn again from time to time until a quorum appear. If at
a sitting of the court the chief justice shall be absent, the associate judge
senior in commission as circuit judge, or senior in age in case of commissions
of even date, shall preside. If no circuit judge shall be present, the associate
judge senior in commission as a judge of a district court of the United States,
or senior in age in case of commissions of even date, shall preside. Until it
shall be otherwise provided by Congress the sessions of the court shall be held
in a building or rooms to be provided by the marshal of the District of Colum-
bia, under the direction and approval of the Attorney General of the United
States. The court shall by order authorize its marshal to employ such depu-
ties and assistants for himself and the clerk of the court and such criers, bailiffs,
and messengers as the business of the court shall require, and to pay the sal-
aries of such employees at rates of compensation not exceeding those paid for
similar services in the Supreme Court of the United States, and to pay all
other necessary incidental expenses of the court. The chief justice and each
of the associate judges shall be entitled to employ a clerk, whose salary, at a
rate not exceeding that allowed the clerks of the Chief Justice and associate

14 REPORT OF THE PATENT COMMITTEE

justices of the Supreme Court, shall be paid as part of the expenses of the
court. The court shall have power, in its discretion, to appoint a reporter and
to fix by order his salary or other compensation and direct the form and man-
ner of the official publication of its decisions.

SEC. 5. That the chief justice of the United States Court of Patent Appeals
shall receive a salary of $12,000 per year. The circuit judges of the United
States sitting as associate judges of the same court shall each receive the
salary allowed him by law as a circuit judge, and in addition thereto during the
time of his service as associate judge of the United States Court of Patent
Appeals, but not longer, such additional sum as will make his entire compensa-
tion during that service $11,500 per annum. The district judges sitting as as-
sociate judges of the United States Court of Patent Appeals shall each receive a
salary allowed to him by law as district judge, and, in addition thereto, during
the term of his service as associate judge of the United States Court of Patent
Appeals, but no longer, such additional sum as will make his entire compensa-
tion during that service, $11,500 per annum. All the said salaries shall be
payable in twelve equal monthly installments. The time during which any
judge shall serve in said court shall be deemed continuous service with that
in any other court of the United States, before or after such service within the
meaning and intent of section seven hundred and fourteen of the Revised
Statutes. The additional compensation received by a circuit or district judge
while sitting as associate judge of the United States Court of Patent Appeals
shall not be taken into account in determining the amount to be received by
him after retirement.

SEC. 6. That the United States Court of Patent Appeals shall have juris-
diction to hear and determine appeals and writs of error from final judgments
and decrees in the district courts of the United States in cases arising under
the laws of the United States relating to patents for inventions, and from
final judgments and decrees in cases arising under the laws of the United
States relating to patents for inventions rendered by any other court having
jurisdiction under the laws of the United States to hear and decide such cases
in the first instance: Provided, however, That it shall have no jurisdiction in
cases originating in the Court of Claims. All such appeals shall be taken within
six months after the entry of the order, judgment, or decree sought to be re-
viewed. The practice, procedure, and forms to be observed in the taking,
hearing, and determination of such appeals and writs of error shall conform to
the practice, procedure, and forms observed in like cases in the Supreme Court
of the United States, subject to such rules and regulations as shall be pre-
scribed by the court.

SEC. 7. That whenever, by an interlocutory order or decree in a district
court of the United States or other court having jurisdiction under the laws of
the United States to hear and decide in the first instance cases arising under
the patent laws, in a case in which an appeal may be taken from the final de-
cree of such court to the United Sates Court of Patent Appeals, an injunction

REPORT OF THE PATENT COMMITTEE 15

or restraining order shall be granted, or refused, or continued, or vacated, or
modified, or retained without modification after motion to modify the same,
an appeal may be taken- from such order or decree by the party aggrieved to
the United States Court of Patent Appeals: Provided, That the appeal must
be taken within thirty days from the service of notice of entry of such order or
decree; and it shall take precedence in the appellate court; and the proceed-
ings in other respects in the court below shall not be stayed unless otherwise
ordered by that court, or the United States Court of Patent Appeals, or a
judge thereof, during the pendency of such appeal.

SEC. 8. That the chief justice and the associate judges of the United States
Court of Patent Appeals shall each exercise the same powers in term and va-
cation in the allowance of appeals, supersedeas orders, and other matters inci-
dental to the jurisdiction and business of the court as are now exercised by
the Chief Justice and associate justices of the Supreme Court of the United
States in relation to the business and jurisdiction of that court.

SEC. 9. That the decisions of the United States Court of Patent Appeals
in all cases within its appellate jurisdiction shall be final, except that it shall
be competent for the Supreme Court of the United States to require, by cer-
tiorari or otherwise, any such case to be certified to it for its review and de-
termination with the same power and authority in the case as though it had
been carried by appeal or writ of error from the trial court directly to the
Supreme Court.

SEC. 10. That whenever any case shall have been certified from the United
States Court of Patent Appeals to the Supreme Court of the United States,
by certiorari or otherwise, it shall be, upon its determination by the Supreme
Court, remanded to the district court of the United States or other court in
which it originated for further proceedings to be taken in pursuance of such de-
termination. And in every case determined by the United States Court of
Patent Appeals upon appeal or writ of error, the case shall be remanded to the
district court of the United States or other court from whence it came, for
further proceedings to be taken in pursuance of such determination.

SEC. 11. That all appeals and writs of error in cases in which appellate
jurisdiction is by this Act conferred upon the United States Court of Patent
Appeals which shall have been pending without hearing in the United States
circuit courts of appeals or other court of appellate jurisdiction for less than
three calendar months prior to the taking effect of this Act shall be transferred
from such circuit courts of appeals or other courts to the United States Court
of Patent Appeals and be heard and determined in that court as though they
had been taken there from the trial courts by appeal or writ of error without
further payment for certifying the record or any new or additional docket or
calendar fee; all other appeals and writs of error in cases in which appellate
jurisdiction is by this Act conferred upon the United States Court of Patent
Appeals which shall be pending in the United States circuit courts of appeals
or other courts of appellate jurisdiction at the time of the taking effect of this

16 REPORT OF THE PATENT COMMITTEE

Act shall remain and be heard and determined by the courts in which they may
be pending, respectively, as though this Act had not been passed.

SEC. 12. That after the taking effect of this Act no appeal or writ of error
shall be taken from any district court or other court of the United States to
any United States circuit court of appeals or other appellate court in any case
in which an appeal or writ of error may be taken to the United States Court of
Patent Appeals under the provisions of this Act.

SEC. 13. That all laws and parts of laws inconsistent with the provisions of
this Act are hereby repealed.

SEC. 14. That this Act shall take effect and be in force on the day

of , nineteen hundred and

A PROPOSED BILL

To ESTABLISH A PATENT AND TRADE-MARK OFFICE INDEPENDENT OF ANY
OTHER DEPARTMENT AND TO PROVIDE FOR COMPENSATION FOR INFRINGE-
MENT OF PATENTS IN THE FORM OF GENERAL DAMAGES, AND FOR OTHER
PURPOSES, and amending sections four hundred and forty, four hundred
and forty-one, four hundred and seventy-five, four hundred and seventy-
six, four hundred and seventy-nine, four hundred and eighty-one, four
hundred and eighty-three, four hundred and eighty-four, four hundred
and eighty-six, four hundred and eighty-seven; four hundred and ninety-
six, forty-eight hundred and ninety-eight, forty-nine hundred and six,
forty-nine hundred and twenty-one, forty-nine hundred and thirty-four,
forty-nine hundred and thirty-five, and forty-nine hundred and thirty
six, of the Revised Statutes of the United States and to amend the Act of
January 12, 1895, Ch. 23, Sec. 73; 28 Stat. L. 619.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled:

SEC. 1. That so much of section four hundred and forty of the Revised
Statutes as follows the words "In the Patent Office" and refers to said office
only be repealed.

SEC. 2. That section four hundred and forty-one of the Revised Statutes be,
and the same is hereby amended to read as follows:

"SEC. 441. The Secretary of the Interior is charged with the supervision of
public business relating to the following subjects:

First. The public lands, including mines.
Second. The Indians.
Third. Pensions and Bounty Lands.
Fourth. Education.

Fifth. Government Hospital for the Insane.
Sixth. Columbia Asylum for the Deaf and Dumb."

SEC. 3. That Section four hundred and seventy-five of the Revised Statutes
be and the same is hereby amended to read as follows:

REPORT OF THE PATENT COMMITTEE 17

"SEC. 475. There is hereby created an office known as the Patent and
Trade-mark Office where all records, books, models, drawings, specifications
and other papers and things pertaining to letters patent, trade-marks, prints
and labels shall be safely kept and preserved. The short title of the office
shall be Patent Office. Wherever in existing law there are provisions refer-
ring to the Patent Office, these provisions shall remain in full force and effect
and shall apply to the Patent and Trade-mark Office hereby created."

SEC. 4. That section four hundred and seventy-six of the Revised Statutes
be and the same is hereby amended to read as follows:

" SEC. 476. There shall be in the Patent and Trade-mark Office a Commis-
sioner of Patents, one first assistant commissioner, one assistant commis-
sioner, and five examiners-in-chief, who shall be appointed by the President
by and with the consent of the Senate and shall hold office during the pleasure
of the President. The first assistant commissioner and the assistant com-
missioner shall perform such duties pertaining to the office of commissioner as
may be assigned to them respectively from time to time by the Commissioner.

"The Commissioner may appoint a private secretary. All other officers,
clerks and employees authorized by law for the office shall be appointed by the
Commissioner in accordance with existing law. There shall be one chief clerk
who shall be qualified to act as a principal examiner, one librarian who shall be
qualified to act as an assistant examiner, a disbursing clerk, a financial clerk
and such examiners, assistant examiners, clerks, messengers and other em-
ployees of various grades and designations as Congress shall from time to time
provide for, provided however that among the assistant examiners of patents
there shall not be in any grade a smaller number than in a lower grade."

SEC. 5. That section four hundred and seventy-nine of the Revised Statutes
be and the same is hereby amended to read as follows:

" SEC. 479. The Commissioner of Patents before entering upon his duties
shall give bond with sureties to the Treasurer of the United States in the sum
of ten thousand dollars ($10,000) conditioned for the faithful discharge of his
duties, and shall render to the proper officers of the Treasury a true account
of all monies received and disbursed by virtue of his office. The first assistant
and assistant commissioner of patents, the chief clerk, the disbursing clerk
and the financial clerk of the Patent and Trade-mark Office before entering
upon their duties shall severally give bond with sureties to the Treasurer of
the United States in such amount not exceeding ten thousand dollars ($10,000),
as the Commissioner of Patents may determine, conditioned upon the faithful
discharge of their respective duties. The chief clerk, the disbursing clerk and
the financial clerk shall severally render to the Commissioner a true account of
all monies received and disbursed by virtue of their offices, the said accounts
to be included by the Commissioner in his account to the Treasurer of the
United States."

SEC. 6. That section four hundred and eighty-one of the Revised Statutes
be, and the same is hereby amended to read as follows:

18 REPORT OP THE PATENT COMMITTEE

"SEC. 481. The Commissioner of Patents shall superintend and perform all
duties respecting the granting and issuing of patents, and the registration of
trade-marks, prints and labels directed by law, and he shall have charge of all
books, papers, records, models, machines and other things belonging to the
Patent and Trade-mark Office. The Commissioner shall sign all requisitions
for the advance or payment of money out of the treasury upon estimates or
accounts for expenditures upon business assigned by law to his office: subject,
however, to adjustment and control by the proper accounting officers of the
Department of the Treasury; and shall generally perform all acts heretofore
provided by law to be performed by the Secretary of the Interior, or the Com-
missioner of Patents or both with respect to the Patent and Trade-mark
Office."

SEC, 7. That section four hundred and eighty-three of the Revised Statutes
be, and the same is hereby, amended to read as follows:

"SEC. 483. The Commissioner of Patents may from time to time establish
regulations not inconsistent with law for the conduct of proceedings in the
Patent and Trade-mark Office."

SEC. 8. That section four hundred and eighty-four of the Revised Statutes
be, and the same is hereby, amended to read as follows:

" SEC. 484. The Commissioner of Patents shall cause to be classified and ar-
ranged and properly stored in suitable cases models, specimens of composition,
fabrics, manufactures, works of art and design, which have been deposited in
the Patent Office or which shall be deposited in the Patent and Trade-mark
Office."

SEC. 9. That section four hundred and eighty-six of the Revised Statutes
be, and the same is hereby amended, to read as follows:

"SEC. 486. There shall be purchased for the use of the Patent and Trade-
mark Office a library of such legal, scientific and technical works and periodi-
cals, both foreign and domestic, as may aid the officers in the discharge of their
duties, not exceeding the amount annually appropriated for that purpose."

SEC. 10. That section four hundred and eighty-seven of the Revised Statutes
be, and the same is hereby, amended to read as follows:

"SEC. 487. The Commissioner of Patents may prescribe rules and regula-
tions governing the recognition of agents, attorneys or other persons repre-
senting applicants or other parties before his office, and may require of such
persons, agents or attorneys before being recognized as representatives of ap-
plicants or other persons that they shall show that they are of good moral
character and hi good repute, are possessed of the necessary qualifications to
enable them to render to applicants or other persons valuable service, and are
likewise competent to advise and assist applicants or other persons in the pres-
entation or prosecution of their applications or other business before the Office.
And the Commissioner may after notice and opportunity for a hearing sus-
pend or exclude, either generally or in any particular case, from further practice
before his office, any person, agent or attorney shown to be incompetent or dis-

REPORT OP THE PATENT COMMITTEE 19

reputable or who refuses to comply with the said rules and regulations, or who
shall with intent to defraud in any manner, deceive, mislead or threaten any
applicant or prospective applicant, or other person having immediate or pros-
pective business before the office by word, circular, letter or by advertising.
But the reasons for any such suspension or exclusion shall be duly recorded,
and the action of the Commissioner may be reviewed upon the petition of the
person so refused recognition, by the Supreme Court of the District of Colum-
bia, under such conditions and upon such proceedings had as the court may by-
its rules determine."

SEC. 11. That the Act of January 12, 1895, ch. 23, Sec. 73; 28 Stat. L., 619,
as amended, be and the same is hereby amended to read as follows:

"The Commissioner of Patents is authorized to continue the printing of the
following:

First. The patents for inventions and designs issued by the Patent and
Trade-mark Office, including grants, specifications and drawings, together
with copies of the same, and of patents already issued, in such number as may
be needed for the business of the Office.

Second. The certificates of trade-marks and labels registered in the Patent
and Trade-mark Office, including descriptions and drawings, together with
copies of the same, and of trade-marks and labels heretofore registered, in
such numbers as may be needed for the business of the Office.

Third. The Official Gazette of the United States Patent and Trade-mark
Office in numbers sufficient to supply all who shall subscribe therefor at five
dollars per annum ; also for exchange for other scientific publications desirable
for the use of the Patent and Trade-mark Office; also to supply one copy to
each Senator, Representative, and Delegate in Congress; also to supply one
copy to eight such public libraries having over one thousand volumes, exclu-
sive of Government publications, as shall be designated by each Senator, Rep-
resentative, and Delegate in Congress, with one hundred additional copies,
together with bi-monthly and annual indexes for all the same; of the Official
Gazette, the 'usual number' shall not be printed.

Fourth. The Report of the Commissioner of Patents for the fiscal year,
not exceeding five hundred in number, for distribution by him; the Annual
Report of the Commissioner of Patents to Congress, without the list of patents,
not exceeding one thousand five hundred in number, for distribution by him;
and of the Annual Report of the Commissioner of Patents to Congress, with
the list of patents, five hundred copies for sale by him, if needed, and in addi-
tion thereto the 'usual number' only shall be printed.

Fifth. Pamphlet copies of the rules of practice, pamphlet copies of the
patent laws, and pamphlet copies of the laws and rules relating to trade-marks
and labels, and circulars relating to the business of the Office, all in such num-
bers as may be needed for the business of the Office. The 'usual number1
shall not be printed.

20 REPORT OF THE PATENT COMMITTEE

Sixth. Annual volumes of the decisions of the Commissioner of Patents
and of the United States courts in patent cases, not exceeding one thousand
five hundred in number, of which the 'usual number' shall be printed, and for
this purpose a copy of each shall be transmitted to Congress promptly when
prepared.

Seventh. Indexes to patents relating to electricity, and indexes to foreign
patents, in such numbers as may be needed for the business of the Office. The
'usual number' shall not be printed.

All printing for the Patent and Trade-mark Office making use of lithography
or photolithography, together with the plates for the same, shall be contracted
for and performed under the direction of the Commissioner of Patents, under
such limitations and conditions as the Joint Committee on Printing may from
time to time prescribe, and all other printing for the Patent and Trade-mark
Office shall be done by the Public Printer under such limitations and condi-
tions as the Joint Committee on Printing may from time to time prescribe:
PROVIDED, That the entire work may be done at the Government Printing
Office whenever in the judgment of the Joint Committee on Printing the same
would be to the interest of the Government."

SEC. 12. That section four hundred and ninety-six of the Revised Statutes
be, and the same is hereby, amended to read as follows:

"SEC. 496. All disbursements for the Patent and Trade-mark Office shall
be made by the disbursing clerk thereof or in his absence and upon the express
order of the Commissioner by the chief clerk. "

SEC. 13. That section forty-eight hundred and ninety-eight of the Revised
Statutes be, and the same is hereby amended to read as follows:

"SEC. 4898. Every patent or any interest therein shall be assignable in
law by an instrument in writing, and the patentee or his assigns or legal rep-
resentatives may in like manner grant and convey an exclusive right under
his patent to the whole or any specified part of the United States. An as-
signment, grant or conveyance shall be void as against any subsequent
purchaser or mortgagee for a valuable consideration, without notice, unless it
is recorded in the Patent Office within three months from the date thereof or
prior to such subsequent purchase or mortgage.

"If any such assignment, grant or conveyance of any patent shall be ac-
knowledged before any notary public of the several states or Territories or the
District of Columbia, or any commissioner of any court of the United States
for any district or Territory, or before any secretary or legation or consular
officer authorized to administer oaths or perform notarial acts under section
seventeen hundred and fifty of the Revised Statutes, the certificate of such
acknowledgment, under the hand and official seal of such notary or other
officer, shall be prima facie evidence of the execution of such assignment, grant
or conveyance. "

SEC. 14. That section forty-nine hundred and six of the Revised Statutes
be, and the same is hereby, amended to read as follows:

REPORT OF THE PATENT COMMITTEE 21

"SEC. 4906. The clerk of any court of the United States, for any district
or Territory wherein testimony is to be taken for use in any contested case
pending in the Patent Office, shall, upon the application of any party thereto,
or of his agent or attorney, issue a subpoena for any witness residing or being
within such district or Territory commanding him to appear and testify before
any officer in such district or Territory authorized to take depositions and
affidavits at any tune and place in the subpoena stated. But no witness shaii
be required to attend at any place more than forty miles from the place where
the subpoena is served upon him; and the provisions of section eight hundred
and sixty-nine of the Revised Statutes relating to the issuance of subpoenas
duces tecum shall apply to contested cases in the Patent Office. "

SEC. 15. That section forty-nine hundred and twenty-one of the Revised
Statutes be and the same is hereby amended to read as follows:

"SEC. 4921. The several courts vested with jurisdiction of cases arising
under the patent laws shall have power to grant injunctions according to the
course and principles of courts of equity, to prevent the violation of any right
secured by patent, on such terms as the court may deem reasonable; and upon
a decree being rendered in any such case for an infringement, the complainant
shall be entitled to recover, in addition to the profits to be accounted for by
the defendant, the damages the complainant has sustained thereby; and the
court shall assess the same or cause the same to be assessed under its direction.
If proof is not offered or, in the absence of adequate proof of the amount that
shall be awarded as damages or profits, the court, on due proceedings had, may
adjudge and decree to the owner payment of a reasonable royalty or other
form of general damages. And the court shall have the same power to in-
crease such damages, in its discretion, as is given to increase the damages
found by verdicts in actions in the nature of actions of trespass upon the case;
but in any suit or action brought for the infringement of any patent there shall
be no recovery of profits or damages for any infringement committed more
than six years before the filing of the bill of complaint or the issuing of the writ
in such suit or action, and this provision shall apply to existing causes of
action. And it shall be the duty of the clerks of such courts within one month
after the filing of any action, suit or proceeding arising under the patent laws
to give notice thereof in writing to the Commissioner of Patents, setting forth
in order the names and addresses of the litigants, names of the inventors, and
the designating numbers of the patents involved, and it shall be the duty of
the Commissioner of Patents on receipt of such notice forthwith to indorse
the same upon the file wrapper of the said patent or patents and to incorpo-
rate the same as a part of the contents of the said file or file wrapper; and for
each notice required to be furnished to the Commissioner of Patents in com-
pliance herewith a fee of 50 cents shall be taxed by the clerk as costs of suit. "

SEC; 16. That section forty-nine hundred and thirty-four of the Revised
Statutes be and the same is hereby amended to read as follows:

22 REPORT OF THE PATENT COMMITTEE

" SEC. 4934. The foUowing shall be the rates for patent fees:

"On filing each original application for a patent, except in design cases,
$20.

"On issuing each original patent, except in design cases, $15.

"In design cases. For three years and six months, $10; for seven years,
$15; for fourteen years, $30.

"On every application for the reissue of a patent, $30.

"On filing each disclaimer, $10.

"On an appeal for the first time from the primary examiners to the ex-
aminers in chief, $10.

"On every appeal from the examiners in chief to the commissioner, $20.

"For copies of records made by the Patent Office, excluding printed copies,
10 cents per hundred words.

" For each certification, 25 cents.

" For recording every assignment, agreement, power of attorney, or other
paper under one patent, application, or invention, of three hundred words or
under, $1; of over three hundred and under one thousand words, $2; and for
each additional thousand words or fraction thereof, $1 ; and for each additional
patent, application, or invention included in one writing, 25 cents.

"For copies of drawings, the reasonable cost of making them."

SEC. 17. That sections forty-nine hundred and thirty-five and forty-nine
hundred and thirty-six of the Revised Statutes be amended to read as follows:

"SEC. 4935. All patent fees shall be paid to the Commissioner of Patents,
who shall deposit the same in the Treasury of the United States in such manner
as the Secretary of the Treasury shall direct. "

" SEC. 4936. The Commissioner of Patents is authorized to pay back any
sum or sums of money paid to him by any person by mistake or in excess of
the fee required by law. "

"And be it further enacted that all unexpended appropriations made for
the benefit of the Patent Office and all allotments or apportionments of ap-
propriations made to the Interior Department and intended for the use of
the Patent Office, which shall be available at the time when this act takes
effect, shall become available at such time for expenditure on and by the
Patent and Trade-mark Office, and shall be treated the same as though said
office had been directly named in the laws making such appropriations. And
all estimates heretofore submitted to the Congress by the Secretary of the
Interior for appropriations for the Patent Office shall be acted upon as though
made by the Commissioner for the Patent and Trade-mark Office. "

REPORT OF THE PATENT COMMITTEE 23

A PROPOSED BILL

To INCREASE THE FORCE AND SALARIES IN THE PATENT OFFICE, and amend-
ing Public Act No. 188, 65th Congress, entitled "An Act Making appro-
priations for the legislative, executive and judicial expenses of the Govern-
ment for the fiscal year ending June thirtieth, nineteen hundred and
nineteen, and for other purposes. "

Be it enacted by the Senate and the House of Representatives of the United States
of America in Congress Assembled, that Public Act No. 188 of the 65th Congress,
entitled, "An Act Making appropriations for the legislative, executive and
judicial expenses of the Government for the fiscal year ending June thirtieth,
nineteen hundred and nineteen, and for other purposes," be amended as
follows:

The Section relating to the " Department of the Interior" of appropriation
for the Patent Office, is hereby stricken out, and immediately following the
said section relating to the Department of the Interior, the following is inserted:

Patent and Trade-mark Office: Commissioner, $7,500; first assistant com-
missioner, $6,000; assistant commissioner, $5,000; chief clerk (who shall be
qualified to act as principal examiner), $3,500; seven law examiners at $3,000
each; examiner of classification, $3,600; five examiners in chief, at $5,000
each; two examiners of interferences, at $3,000 each; examiners of trade-marks
and designs one $3,000, first assistant $2,700, two second assistants at $2,400
each, two third assistants at $2,000 each, six fourth assistants at $1,600 each;
examiners — fifty principals at $3,000 each, one hundred and fifty first assistants
at $2,700 each, one hundred and fifty second assistants at $2,400 each, one
hundred and twenty-five third assistants at $2,000 each, one hundred and
twenty-five fourth assistants at $1,600 each; financial clerk, who shall give
bond in such amount as the Secretary of the Interior may determine, $2,250;
librarian, who shall be qualified to act as an assistant examiner, $2,000; six
chiefs of division, at $2,000 each; three assistant chiefs of division, at $1,800
each; private secretary, to be selected and appointed by the commissioner,
$1,800; translator of languages, $1,800; clerks — nine of class four, nine of class
three, seventeen of class two, one hundred and thirty-five of class one, ninety-
one at $1,000 each; three skilled draughtsmen, at $1,200 each; four draughtsmen,
at $1,000 each; ninety copyists; forty copyists, at $720 each; three mes-
sengers; thirty-three assistant messengers; thirteen laborers, at $600 each;
forty-five examiners' aids, at $600 each; twenty-four copy pullers, who shall
be selected without regard to apportionment, at $480 each; in all, $1,887,350.

For special and temporary services of typewriters certified by the Civil
Service Commission, who may be employed in such numbers, at $2.50 per
diem, as may, in the judgment of the Commissioner of Patents, be necessary
to keep current the work of furnishing manuscript copies of records, $7,500.

24 REPORT OF THE PATENT COMMITTEE

For purchase of law, professional and other reference books and publications
and scientific books and expense of transporting publications of patents issued
by the Patent Office to foreign governments, $10,000.

For producing copies of weekly issue of patents, designs, and trade-marks,
production of copies of drawings and specifications of exhausted patents and
other papers, $140,000.

For investigating the question of public use or sale of inventions for two
years or more prior to filing applications for patents, and such other questions
arising in connection with applications for patents as may be deemed necessary
by the Commissioner of Patents; and expense attending defense of suits
instituted against the Commissioner of Patents, $2,500.

For the share of the United States in the expense of conducting the Inter-
national Bureau at Berne, Switzerland, $750.

Bulletin of the National Research Council

Volume 1

Number 1. The national importance of scientific and industrial research.
By George Ellery Hale and others. Price 50 cents.

Number 2. Research laboratories in industrial establishments of the United
States of America. Compiled by Alfred D. Flinn. (In preparation.)

Number 3. Periodical bibliographies and abstracts for the scientific and
technological journals of the world. Compiled by R. Cobb. (In prep-
aration.)

Reprint and Circular Series of the National
Research Council

Number 1, Report of the Patent Committee of the National Research
Council. Presented for the Committee by L. H. Baekeland, Acting
Chairman. Price 30 cents.

Number 2. Report of the Psychology Committee of the National Research
Council. Presented for the Committee by Robert M. Yerkes, Chairman.
Price 60 cents.

Number 3. Refractory materials as a field for research. By Edward W.
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Number 5. Some problems of sidereal astronomy. By Henry N. Russell.
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