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the board, an Executive Committee, 12 composed of the Supervising Inspector General and two Supervising Inspectors, which committee may change or repeal any of the rules or regulations made by the Board of Supervising Inspectors. Modifications of the rules made by the Executive Committee, when approved by the Secretary of Commerce, also have the force of law, until 30 days after the next meeting of the Board of Supervising Inspectors. The Executive Committee may likewise approve instruments, machines, and equipment required to be used on steam vessels for the better security of life.

(c) Field Inspection Service.—The Field Inspection Service consists of eleven Supervising Inspectors, in charge of the respective inspection districts, a number of local and assistant inspectors, assigned to the various ports, four traveling inspectors, and five steel inspectors. The districts and headquarters thereof are as follows: First district, San Francisco, Cal.; second district, New York, N. Y.; third district, Norfolk, Va.; fourth district, St. Louis, Mo.; fifth district, Boston, Mass.; sixth district, Louisville, Ky.; seventh district, Pittsburgh, Pa.; eighth district, Detroit, Mich.; ninth district, Cleveland, Ohio; tenth district, New Orleans, La.; eleventh district, Seattle, Wash. The force in each district consists of a local inspector of hulls and a local inspector of boilers for each principal port of entry, together with such assistant inspectors, clerks, and other employees as may be necessary. Each district is in charge of a Supervising Inspector. As a part of this field establishment there are four traveling inspectors and a number of assistant inspectors assigned to test boiler steel.

(1) The Supervising Inspectors.-The Supervising Inspectors direct the local inspectors in their respective districts in the enforcement of the steamboat inspection laws, and co-ordinate the work of the various local boards within their jurisdiction. Each Supervising Inspector hears and decides cases appealed to him from the decision of the local inspectors, as well as all cases in which the local inspectors are not in agreement. Where there are no local inspectors, or where it is impossible for local inspectors to make inspections, the Supervising Inspector himself performs the duties ordinarily imposed upon local inspectors. The Supervising Inspector submits to the Supervising Inspector General reports of violations of the law and regulations occurring in his jurisdiction, of all investigations and decisions made by the local boards, and of all cases appealed to him, with a statement of his own action in the premises. He attends the annual meeting of the Board of Supervising Inspectors in Washington. The Supervising Inspectors are appointed by the President, with the advice and consent of the Senate.

(2) The Local Inspectors.- The Local Inspectors of Hulls and of Boilers are appointed by the Secretary of Commerce. They carry on their work in each district under the direction of the Supervising Inspector. They inspect all hulls, boilers, machinery, signal lights, and fire-fighting and life saving equipment.14 In cases where the laws and regulations are not complied with, they may revoke or suspend certificates of inspection, in each case notifying the customs officers and the Supervising Inspector of their action. The jurisdiction of the Inspectors of Hulls extends to the inspection and certification of hulls and of life-saving and fire-fighting equipment, and of the inspectors of boilers to the inspection and certification of boilers and machinery. The local inspectors also determine the passenger-carrying capacity and the complements of vessels, and issue certificates authorizing the transportation of explosives on passenger-carrying vessels. The inspectors of boilers inspect boilers at Army posts and in federal buildings.

12 Act March 3, 1905 (33 Stat. 1022). 14 Act May 28, 1908 (35 Stat. 428).

Assembled as a board, the local inspectors investigate marine disasters and collisions and accidents aboard ship. They conduct trials of cases in which officers or seamen have violated the steamboat inspection laws or regulations or the pilot rules. Should an officer, pilot, or seaman be found guilty, the board suspends, or may revoke, his license or certificate. The local board examines candidates for license as master, mate, pilot, or engineer, and issues certificates to seamen and to lifeboat men. Their decisions in cases of refusal, suspension, or revocation of licenses and certificates are forwarded through the Supervising Inspector to the office of the Supervising Inspector General for review.

The local inspectors keep records of all their activities. Copies of each certificate of inspection are forwarded to the Collector of Customs, to the master of the vessel certified, and one copy is kept in the office of the local inspectors. Similar records and reports are made of all cases of refusal, revocation, or suspension of certificates or licenses to owners and masters of vessels and to pilots.

(3) The Assistant Inspectors.-The Assistant Inspectors of Hulls and of Boilers perform such duties of actual inspection as may be assigned to them under the direction, supervision, and control of the local inspectors.

(4) The Traveling Inspectors. The Traveling Inspectors, four in number, are under the direct supervision of the Supervising Inspector General. They review the inspection work of the local inspectors and report all cases where the local officer has been derelict in his duty.

(5) The Steel Inspectors.-Five Assistant Inspectors are detailed to test and stamp marine boiler steel at the mills. Two of them perform testing duties exclusively-one at Coatesville, Pa., and one at Pittsburgh, Pa. The other threeone at Chicago, Ill., one at Cleveland, Ohio, and one at Philadelphia, Pa.-test marine boiler steel and also inspect steam vessels in their spare time. .

5. Publications

(a) Annual report of Supervising Inspector General, 1923. 25 p. (b) Laws Governing Steamboat Inspection Service. Ed. July 21, 1920. 91 p.

(c) General Rules and Regulations Prescribed by Board of Supervising Inspectors, as amended by board January, 1924, and further amended by executive committee of board:

Ocean and Coastwise. Ed. April 4, 1924. 208 p., 8 illus.
Great Lakes. Ed. April 4, 1924. 160 p., 6 illus.

Bays, Sounds, and Lakes Other than the Great Lakes. Ed. April 4, 1924. 160
P., 6 illus.
Rivers. Ed. April 4, 1924. 150 p., 6 illus.

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(d) Pilot Rules for Certain Inland Waters of Atlantic and Pacific Coasts and of Coast of Gulf of Mexico. Ed. March 1, 1924. 33 p., 5 illus.

(e) Pilot Rules for Rivers Whose Waters Flow into Gulf of Mexico and their Tributaries and Red River of North. Ed. March 1, 1924. 22 p., 5 illus.

(f) Pilot Rules for Great Lakes and Connecting and Tributary Waters. Ed. March 1, 1924. 20 p., 5 illus.

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CHAPTER 45

PATENT OFFICE 1 1. Mission

The main purpose of the patent system is to afford protection to industrial property. In the sense in which the term "industrial property” is here used, it means the intangible property that exists in new ideas and in the good will of businesses.

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2. History

The patent system was part of the law of England which the colonials brought over to this country. The crown had from early days granted monopolies to individuals for certain articles of commerce, such as salt and playing cards. This practice was so great a burden on the people that the right of royalty to grant monopolies was restricted to new and useful discoveries and inventions.

When our early statesmen drafted the Constitution of the United States, they recognized the importance of rewarding those who had made a discovery, or invention, by granting to them a monopoly therein for a limited period of time. The Constitution provides: "The Congress shall have power

to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

The idea that commercial intangible industrial property, as distinguished from literary or artistic productions (both of which latter are registrable under the Copyright Law in the Library of Congress), should be under the patent system, caused Congress to establish registry files in the Patent Office for trademarks and for prints and labels of goods in commerce.

By Act of April 10, 1790,* authority to grant letters patent was vested jointly in the Secretary of State, Secretary of War, and Attorney General, subject to approval by the President of the United States and provision was made that such letters patent should be recorded in the office of the Secretary of State. By Act of February 21, 1793,4 the connection of the Secretary of War with the Patent Office ceased, and the jurisdiction was brought more closely under the Secretary of State. On July 4, 1836,5 an act was passed establishing the Patent Office and attaching it to the Department of State. The Patent Office was transferred to the Interior Department by the act organizing that department, March 3, 1849.6 On April 1, 1925, the Patent Office passed from under the Interior Department to the Department of Commerce. This last was effected without any new legislation, but merely by executive order, which reads as follows:

1 Prepared by Harry H. Semmes, of Semmes & Semmes, Washington, D. C. 2 Const. U. S. art. 1, § 8. 31 Stat. 109, c. 7. 4 Act Feb. 21, 1793 (1 Stat. 318). 5 Act July 4, 1836 (5 Stat. 117). 6 Act March 3, 1849 (9 Stat. 395).

“I, Calvin Coolidge, President of the United States of America, under the authority conferred upon me by Act of February 14, 1903, entitled 'An act to establish the Department of Commerce and Labor,' and by virtue of all other powers thereto me enabling, do hereby transfer from the Department of the Interior to the Department of Commerce, to be administered under the supervision of the Secretary of Commerce, the United States Patent Office, together with all appropriations, the records and all public property of said service in the District of Columbia or elsewhere, as provided in the Act of February 14, 1903, supra. The transfer above mentioned shall be effective from and including April 1, 1925.

[Signed] Calvin Coolidge. "The White House March 17, 1925.” 7

Trade-marks representing the good will of businesses, the well-defined rights to which are recognized at common law, were first made registrable in the Patent Office by the Act of July 8, 1870.8 Under an Act of June 18, 1874,9 advertising material, such as prints and labels, was made subject to copyright protection and registrable in the United States Patent Office.

3. Nature of a Patent

A patent grant is in effect a contract between the inventor and the United States. The government grants a seventeen-year monopoly, which is the period of the patent, in consideration that the inventor describe his invention in such full, clear, and exact terms that those skilled in the art may understand how to practice it. The inventor profits by the limited monopoly for a term of years;

. the public gains by the publication of the discovery, and at the end of the seventeen years any member of the public may practice the invention, for the invention then becomes public property. Were it not for the patent system, discoveries of tremendous importance to man would be practiced secretly by inventors, for that would be the only way they could hope to benefit.

4. Activities; Granting Patents

The portion of the Constitution referred to supra, giving Congress the power to promote the progress of "science and useful arts” by securing for a limited period to inventors the exclusive right to their respective discoveries, is the foundation of all patent laws since enacted by the Congress. One of the principal statutes in force 10 provides that any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof may obtain a patent therefor. There are four distinct classes of patentable subject-matter:

(1) Art;
(2) Machine;

7 Act Feb. 14, 1903, referred to, is 32 Stat. 826. 8 Act July 8, 1870 (16 Stat. 198). 9 Act June 18, 1874 (18 Stat. 78). 10 R. S. § 4886.

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