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Mapa. plataa. charts, etc.. may be filmed at different reduction ratioa. Thoaa too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, aa many frames aa required. Tha following diagrama illustrate the method: Lee cartea, planches, tableaux, etc., peuvent dtre fllmte A dea taux de rMuction diff4rents. Lorsque le document est trop grand pour dtre reproduit en un seul ciichA, ii &st filmA d partir da Tangle supArieur gauche, de gauche h droite, et de haut en baa, an prenant la nombra d'imagea nteessaira. Lea diagrammes suivants illustrant la m^thoda. 1 2 3 1 2 3 4 5 6 li/ ^^,t^ ^^/q^^ Qii w- PATMT LAWS. y*J « INDEX. Actions cognizablo in circuit courts of tlie United States, &c .... Additional improvements . ........ ... ..... Do do Original claim subject to re-examination Affirmation , Do Agents for tbe reception and transmiKsion of models to be appointed. Repealed ....... .......... . Agricultural statistics .... Do.. ...do Do... ...do Do.. ...do Do... ...do Do... ...do Do... ...do Do... ..do Antedate of patents autliorized ... ......... . Appeal from decision of Commissioner......... ..................... Do do Do do Do do Do do in case of interfering applications ... Do do Appeal from tlie decision of circuit courts to the Supreme Court Application for patents, how and by whom made ... .............. Do do Do do Appropriations out of the Patent Fund Do do Do do Do do For agricultural statistics Do do Chief Justice Assistant judges Assistant judges Assignments — patents assignable... ........................ . Deeds, &c., to be recorded ............. Executed and recorded prior to December 15, 1836, to be recorded anew Not so recorded not to be received as evidence ........ Fee for recording Fee for recording ., - 'age. Sec. 8 17 6 13 24 9 12 8 2 6 13 13 12 10 24 6 14 9 19 1 20 1 20 1 21 1 21 1 22 1 26 1 4 8 3 7 4 8 15 11 16 12 18 1 4 8 14 10 22 1 2 6 5 10 24 10 14 3 14 4 14 5 19 1 14 9 19 1 15 13 18 2 18 1 5 11 11 6 9 1 10 2 5 11 14 8 lY INDEX. Assignments— fee for recording --- Do Board of examiners to be appointed in cases of appeal. Repealed..... Caveats Do Chief clerk, how appointed, salary, his duties Required to take oath and give bonds - Chief Justice, appeal to - Salary -- - Repealed - - Clerks, how appointed, interdicted from acquiring any interest in patents... Required to take oath.... -- - Temporary and other, authorized to be appointed -. Do do do Do do do Do .-do do Commissioner of Patents, how appointed, his duties, compensation Interdiction from acquiring any interest in patents -- — - Required to take oath and give bonds -- Shall cause a seal to be made Required to lay before Congress a statement of the receipts and expen- ditures of the office — — ---- Copies of papers destroyed December 15, 1836, which have been restored, to be eridence in any judicial court in the United States, &c Of new patents issued for those lost or destroyed on or before Decem- ber 15, 1836, to be admissible as evidence -- Of papers, &c., and drawings, fees for same Copyright works, transferred from the Department of State Appropriation for ...... ................ . Do Do Courts may render judgment for a sum not exceeding three times the amount of actual damages Courts, circuit, appeal from the decision of, td the Supreme Court Do do Defendant may plead the general issue, &c..... Department of the Interior Designs. - 13 10 Do Digest of Patents authorized to be published Disbursing clerk. . Disclaimer Do Do... Draughtsman, how appointed, his salary.... Do do do Drawings, fees for copies of.... Required in applications U 10 S 2 4 21 8 22 I 22 1 26 1 8 14 22 1 8 14 6 15 18 2 16 3 25 11 14 3 19 1 11 7 12 8 12 9 1 2 19 1 2 4 2 6 age. S«e. 18 2 Drawin 24 10 3 7 Evident 15 11 5 12 9 Examii 24 Examii 1 2 1 3 i 15 13 1 15 11 19 1 ', i 1 8 13 11 14 2 18 3 19 1 1 1 1 2 1 3 2 4 Extens Fees fo Foreig Frank! INDEX. 10 7 11 12 9 2 3 13 11 3 2 3 11 2 3 1 1 2 3 4 U 8 4 8 1 1 1 14 1 14 15 2 3 11 3 1 7 8 9 2 1 4 6 Drawingrs— duplicates required Printing - — ---- Evidence in coDtestcd cases Do Examinations of alleged inventions to be made, proceedings thereon. Examiners, board of Examiners-in-chief, how appointed........... -- 23 Examiners, how appointed. Do do Do do Do do Do do Do do.. Assistants Do Do Do Do Do Do Do Extensions, manner of proceeding. Do. .do. Do do Fees for copies of drawings and papers. Do do For recording assignments . Do do Do do o... Do do On applications for patents. .... Do do On filing a caveat On reissues ........ On additional improvements . . . On extensions Do On appeals Do Do On reissue for every additional patent ........................... 11 Do For designs - - - Do For disclaimer How payable — .................. Paid in by mistake - -- ^^ Foreign patents, date of, &c Franking privilege -- Page. Sec. 11 6 26 14 15 12 23 1 3 T 3 7 23 2 1 2 13 11 17 1 19 10 20 9 24 7 13 1 17 1 18 2 19 3 19 10 20 9 20 25 24 7 8 18 17 1 25 12 2 4 13 11 6 11 14 8 18 2 24 10 4 9 24 10 5 12 6 13 6 13 8 18 24 10 15 11 3 7 24 10 11 5 24 10 16 3 25 11 11 7 17 15 15 1 14 6 1 1 vx INDEX. Infringing the rights of patentees... Interfering applications..... Remedy by bill in equity , Inventions may be sold before patents therefor are granted . Library for the Patent Office , Librarian Machinist, how tippointed, his salary , Messenger ........... . ......... Models in applications .. In n jected applications ., To be classified Duplicates of those lost or destroyed to be procured Money paid by mistake Oath Oath Renewal Patents, how issued ; to be signed by the Secretary of the Interior and Com- m'ssioner of Patents ; specifications and drawings to be recorded ; for .»hat term the patent shall be granted Commissioner, &c., of, interdicted from acquiring interest in Patents issued to executors, administrators, &c., in case of the decease of the inventor To be assignable Issued prior to December 16, 1836, to be recorded anew .*.. Do do do Not 80 recorded not to be received as evidence New patents to be issued for those lost or destroyed on or before De- cember 15, 1836 May be issued to assignees To be marked.... Do Patent Fund All moneys received for patents, &c., to be carried to the credit of... Penalty for infringing the rights of patentees by marking, &c For neglect 'n marking patented articles Do do Printing specifications and drawings Reissues . Several patents may be granted on reissues , Original claim subject to revision and restriction , Repeal of previous acts , Report of Patent Office Seal to be provided , Specification Printing Do Specimens in applications .. Withdrawal, $20 to be refunded Two-thirds fee returnable to foreigners Repealed , Pile. 8ce. 16 5 4 8 7 16 14 7 9 19 19 1 1 2 1 2 2 6 24 5 9 20 10 4 16 1 2 6 16 4 3 7 2 5 1 2 5 10 5 11 9 1 16 2 10 2 10 3 11 6 17 6 26 13 4 9 13 14 16 5 17 6 26 13 26 14 6 13 11 5 12 8 9 21 13 14 2 4 2 6 24 8 26 14 2 6 3 7 13 12 24 9 4 8 7 16 4 7 9 19 9 1 1 2 1 2 2 6 4 5 9 20 4 6 1 2 6 6 4 3 7 2 5 1 2 5 10 5 11 9 1 6 2 2 [0 3 1 6 17 6 26 i;{ 4 9 13 14 16 5 17 6 26 13 26 U 6 13 11 5 12 8 9 21 13 14 2 4 2 6 24 8 26 14 2 6 8 7 13 12 24 9 PATENT LAWS. AN ACT to promote the progrem of Uieful Arti, and to repeal all acta and parts of acta heretofore made for that purpose. Be it enacted by the Senate and Howe of Representatives of the United States of America in Congress assembled, That there shall be established and at- tached to the Department (if State* an oflSco, to bo denominated the Patent Office, the chief officer of which shall be called the Commissioner of Patents, to be appointed by the President, by and with the advice and consent of the Senate, whose duty it shall be, under the direction of the Secretary of State, to superintend, execute, and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful dis- coveries, inventions, and improvements, as are herein provided for, or shall hereafter be, by law, directed to be done and performed, and shall have charge and custody of all the books, records, papers, models, machines, and all other things belonging to said office. And said Commissioner shall receive the same compensationf as is allowed by law to the Commissioner of the Indian Department, and shall be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage. | Sec. 2. And be it further enacted, That there shall be in said office an infe- rior officer, to be appointed by the waid principal officer, with the approval of the Secretary of State, to receive an annual salary of seventeen hundred dollars,! and to be called the chief clerk of the Patent Office, who in all cases during the necessary absence of the Commissioner, or when the said principal office sliall become vacant, shall have the charge and custody of the seal, and of the records, books, papers, machines, models, and all other things belonging to the said office, and shall perform the duties of Commis- sioner during such vacancy. And the said Commissioner may also, with like approval, appoint an examining clerk, at an annual salary of fifteen hundred dollars; two other clerks, at twelve hundred dollars eacli, one of whom shall be a competent draughtsman; one other clerk, at one thousand dollars; a machinist, at twelve hundred and fifty dollars; and a messenger at beven hundred dollars. || And said Commissioner, clerks, and every other person appointed and employed in said office, shall be disqualified and inter- dicted from acquiring or taking, except by inheritance, during the period for which they shall hold their appointments respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been, or may hereafter be, granted. Seo. 3. And be il further enacted. That the said principal officer, and every * Now attached to the Department of the Interior. — See section 2, page 18. t #3,000.— See section 4, page 24 — 1>4,500 i Franiting privilege annulled by the act entitled "An act to reduce the rates of postage," &c., approved March 3, 1845 ; and restored by tlie act entitled "An act to establish certain post routes, and for other purposes," approved March 3, 1847 ; and the act approved April 27, 1848.— See section 4, page 18. § $2,500.— See section 4, page 24. II See section 2, page 23, and section 7, page 24. 2 other person to be appointed in the said office, sliall, before ho enters upon the duties of his office or appointment, make oath or affirmation truly and faithlully to execute the trust committed to him. And the said Commis- sioner and the chief clerk shall also, before entering upon their duties, severally give bonds, with sureties, to the Treasurer of the United States; the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to hiiti or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, and for copies of records and drawings, and ail other moneys received by virtue of said office. Sec 4. And be it further enacted, That the said Commissioner shall cause a seal to be made and provided for the said office, with such device as tho President of the United States shall approve; and copies of any records, books, papers, or drawings, belonging to the said office, under the signature of the said Commissioner, or, when the office shall bo vacant, under the signature of the chief clerk, with the said seal affixed, shall be competent evidence in all cases in which the original records, books, papers, or draw- ings could be evidence. And any person making application therefor may have certified copies of the records, drawings, and other papers deposited in said office, on paying for the written copies the sum of ten cents for every page of one hundred words; and for copies of drawings, the reason- able expenses of making the same. Sec, 5. And be it further enacted, That all patents issuing from said office shall be issued in the name of the United States, and under the seal of said office, and be signed by the Secretary of State,* and countersigned by the Commissioner of said office, and sliall be recorded, together with tho descriptions, specifications, and drawings, in the said office, in books to be kept for that purpose. Every such patent shall contain a short description or title of the invention or discovery, correctly indicating its nature and design, and in its terms grant to the applicant or applicants, his or their fieirs, administrators, executors, or assigns, for a term not exceeding four- teen years,! the full and exclusive right and liberty of making, using, and vending to others to be used, the said invention or discovery, referring to the specifications for the particulars thereof, a copy of which shall bo annexed to the patent, specifying what the patentee claims as his invention or discovery. Sec 6. And he it further enacted, That any person or persons having dis- covered or invented any new and useful art, machine, manufacture, or com- position of matter, or any new and useful improvement on any art, machine, manutacture, or composition of matter, not known or used by others before his or their discovery or invention thereof, and not at the time of his appli- cation for a patent in public use or on sale, with his consent or allowance as tho inventor or discoverer, and shall desire to obtain an exclusive prope ty therein, may make application, in writing, to the Commissioner of ratentG, expressing such desire; and the Commissioner, on due proceedings Had, may grant a patent therefor. But before any inventor shall receive a patent for any such new invention or discovery, he shall deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using, and compounding the same, in such full, clear, and exact terms, avoiding unnecessary prolixity, as to enable any person Skilled m the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of any machine, he shall fully explain the principle, and the several • Secretary of the Interior.— Sec section 2, page 18. t Seventeen years.— See section IC, page 26. t modes in which ho has contemplated the application of that principle or character by which it may be diHtinguished from other 'nventions; and shall particuiiirly Hpocify and point out tlu; part, improvement, or combina- tion which ho (;lairns aH his own invention or discovery, lie; shall, further- more, accompany the whole witli a drawing or drawings, and written references, where the nature of the case admits of drawings; or with speci- mens of ingredients, and of the composition of matter, sufficient in (juantity for the pur|)ose of experiment, where the invention or discovery is of a composition of mutter; which descriptions and drawings, signed by the inventor, and attested by two witnesses, sliall be filed in the l*atent Office; and he shall, moreover, furnish a model of his invention, in all cases which admit of a re[)resentation by model, of a convenient size to exhibit advan- tageously its several parts. The applicant shall make oath* o'- affirmation that he does verily believe that he is the original and first inventor or dis- coverer of the art, machine, composition, or improvement, for which ho solicits a patent; and that he does not know or believe that the same was over before known or used; and also of what country he is a citizen; which oath or affirmation may be made before any person auth(jrized by law to administer oaths. Sec. 7. And be it further enacted, Thut on the filing of any such application, description, and specification, and the payment of the duty hereinafter pro- vided, f the Commissioner shall make, or cause to be made, an examination of the alleged new invention or discovery; and if, on any such examination, it shall not appear to the Commissioner that the same had been invented or discovered by any other person in this country, prior to the alleged inven- tion or discovery thereof by the applicant, or that it had been patented or described in any printed publication in this or any foreign country, or had been in public use or on sale, with the applicant's consent or allowance, prior to the application, if the Commissioner shall deem it to be sufficiently useful and important, it shall be his duty to issue a patent therefor. But whenever, on such examination, it shall appear to the Commissioner that the applicant was not the original and first inventor or discoverer thereof, or tliat any part of that which is claimed as new had before been invented or discovered, or patented, or described in any printed publication in this or any foreign country aa aforesaid, or that the description is defective and insufficient, he shall notify the applicant thereof, giving him briefly such information and references as may be useful in judging of the propriety of renewing his application, or of altering his specification to embrace only that part of the invention or discovery which is new. In every such case, if the applicant shall elect to withdraw his application, relinquishing his claim to the model, he shall be entitled to receive back twenty dollars,! part of the duty required by this act, on filing a notice in writing of such election in the Patent Office; a copy of which, certified by the Commissioner, shall be sufficient warrant to the Treasurer for paying back to the said applicant the said sum of twenty dollars. But if the applicant in such case shall persist in his claim for a patent, with or without any alteration of his specification, he shall be required to make oath or affirmation anew in manner as afore- said; and if the specification and claim shall not have been so modified as, in the opinion of the Commissioner, shall entitle the applicant to a patent, he may, on appeal, and upon request in writing, have the decision of a board of examiners,§ to be composed of three disinterested persons, who ^See section 4, page 16. t See section 10, page 24. X All applicants on withdrawal are entitled to a return of two-thirds the duty deposited. See section 12, page IH. Kepealed. — See section 9, page 24. s Itepealcd, — :?cc section 11, page 15, and section 2, page 23. sha 1 bo appointed for that purpose by the Secretary of State, one of whom, at least to be selected, if practicable and convenient, for his knowledge and skill in the particular art, maniifacture, or branch of science to which t le allegea invention appertains, who shall be under oath or affirmation for tnelaithtui and impartial performance of the duty imposed upon them by said appointment. Said board shall be furnished with a certificate in writing with the opinion and decision of the Commissioner, stating the particular grounds of his objection and the part or parts of the invention which he considers as not entitled to be patented, and the said board shall give reasonable notice to the applicant, as well as to the Commissioner, of the tune and place of their meeting, that they may have an opportunity of lurnishing them with such acts and evidence as they may deem necessary to a just decision; and it shall be the duty of the Commissioner to furnish to the board of examiners such information as he may possess relative to the matter under their consideration. And on an examination and considera- tion ot the matter by .ch board, it shall be in their power, or of a majoritv ot them, to reverse the decision of the Commissioner, either in whole or in pan; and their opinion oeing certified to the Commissioner, he shall be governed thereby in the further proceedings to be had on such application: Irovided, however 'ihiit before a board shall bo instituted in any such case, the apr.Iicant shall pay to the credit of the treasury, as provided in the ninth section or this act, the sum of twenty-five dollars; and each of said persons so appointed shall be entitled to receive for his services in each case, » sum not excetviing ten dollars, to be determined and paid by the Commissioner out of any moneys in his hands, which shall be in full com- pensation to the persons who may be so appointed for their examination and certificate as aforesaid. Sec 8. And be it further enacted, That whenever an application shall be made tor a patent, which, in the opinion of the Commissioner, would interfere with any other patent for which an application mav be pending, or with any unexpired patent which shall have been granted, it shall be tho duty of the Commissioner to give notice thereof to such applicants or patentees, as the case may be; and if either shall be dissatisfied with the decision of the Com- missioner on the question of pri-.rity of right or invention, on a hearing thereof, he may appeal from such decision, on the like terms and conditions as are provK led m the preceding section of this act, and the like proceedings P t fln^W ' ' "^ •^^'^^••"""^ ^^''"■^■»'. ^'»- ^vhether either, of the applicants is ! i i h ""f "'' '^ I'f '".^ "' P'^y*'*^ ^'^'■- " 't ""^''"'5? '■" this ait contained f ntl^f 'T •""'" I'- '^T'''" '"' ^•■'^^'"''' ""^' ^'•"« '"^-^'"t'^i- ''f the right to a mo Zroi- '"• ''"*r"" •'^' '■'"'"" "■ '»' •'«^-'"ff Previously tak.n out letters L t In y • '" ■ ^'^'^^'^V '■•^""*''^'' '"'^^ ^'"^^ «•■""« '''^^''"f^ ''^'en published at arytime within SIX immths next preceding the filing of his specification take d^T • Y ,"''^''""r':,^''« »lf l'--"t shall recpi^st it. the .atcnt shaU take date from die time of nlii.g of the specifications and drawings; not however exceeding six month., prior to the actual issuing of the patent ■ and on |,ke request and the payment of the duty herein n'quired,* l.v any of tlirnLo^ specjhcat.on and drawings shall be filed in thesecre' ard.ives eU^ln^fh f 'f '" ^"""r'' \''" """^''^^ ••^"^ the patent be issued, not S^;!:!L apiS^i""^^"^-''^ ^^^^'^^'" ''''' entitled to notice of 6hall'be^rm;>ilt' Jf"';f';f"«^'''!^- .'^''"^t before any application for a patent shall ,c considered by the Commissioner as aforesaid, the applicant shall nav mto the treaBury of the United States, or into the Patent oLe! or into any * i^ee .nection 10, page 24. t Sec section 12, page 25. of the deposit banks,* to the credit of the treasury, if he be a citizen of the United States, or an alien, and shall have been resident in the United States for one year next preceding, and shall have made oath of his inter tion to become a citizen thereof, the sum of thirty dollars; if a subject of tho King of Great Britain, the sum of live hundred dollars, and all other persons the sum of three hundred dollars ;t for which payment duplicate receipts shall be taken, one oi" whicli to be filed in the office of the Treasurer. And the moneys 'oceived into the treasury under this act shall constitute a fund for, the payment of the salaries of the officers and clerks herein provided for, and all other expenses of the Patent Office, and to be called the Patent Fund. Sec, 10. And be it further enacted, That where any person hatii made, or shall have made, any new invention, discovery, or improvement, on a^. count of which a patent might by ^ irtue of this act be granted, and such person shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent shall devolve on the executor or administrator of such person, in trust for the heirs-at-law of the deceased, in case he shall have died intestat'^; but if otherwise, then in trust for his devisees, in as lull and ample manner, and nnder the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed, by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, ti;e oath or affirmation provided in the 6th section of this act shall be so varied as to be applicable to them. Sec. 11. And he it further enacted, That every patent shall be assignable in law, either as to the ""'hole interest or any undivided part thereof, by any instrument in writing .vhich assignment, and also every grant and con- veyance of the exclusive right, under any patent, to make and use, and to grant to others to make and use, the thing patented within and throughout any specific'" part or portion of the United States, shall be recorded in the Patent Office within three months from the execution thereof, for which tho assignee or grantee shall pay to the Commissioner the sum of three dollars.^ Sec. 12. And be it further enacted. That any citizen of the United States, or alien, who shall have been a resident of the United States one year next preceding, and shall have made oath of his intention to become a citizen thereof, who shall have invented any new art, mavjhine, or improvement thereof, and shall desire further time to mature the same, may, on paying to the credit of the treasury, in manner as provided in the ninth section of this act, the sum of twenty dollars, file in the Patent Office a caveat setting forth tho design and purpose thereof, and its principal and distinguishing characteristics, and praying protection of his right till he shall have ma- tured his invention; which sum of twenty dollars, in case the person filing such caveat shall afterwards take out a patent for the invention therein mentioned, shall be considered a part of the sum herein required for the same. And such caveat shall be filed in the confidential archives of the office, and preserved in secrecy. And if application shall be made by any otiier person, within one year from tlie time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be tlie dutj' of the Commissioner to deposit the description, specifications, drawings, and model, in the confidential archives of tlie office, and to give notice (by mail) to the person filing the caveat of such application, xoho shall within three vionths after receiving the notice, if he would avail himself of tho benefit of liis caveat, file his description, specifications, drawings, and model; and if, in the opinion of the Commissioner, the specifications of *See section 15, page 17. f Repealed.— See Kcction 10, page 24. J See set'tion 8, page 14, and section 10, page 24. claim interfere with each other, like proceedings may be had in all respecta as are in this act provided in the case of interfering applications:* Pro- vided, however, That no opinion or decision of any board of examiners, under the provisions of this act, shall preclude any person interested m favor of or against the validity of any patent which has been or may here- after be granted, from the right to contest the same in any judicial court, in any action in which its validity may come in question. , . , v Sec. 13. And be it further enacted, That whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inope- rative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification, as his own invention, more than he had or shall have a right to claim as new, if the error has or sliall have arisen by inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the Commissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen dollars,-^ to cause a new patent to be issued to the said inventor for the same invention, for the residue of the period then unexpired for wliich the original patent was r;ranted, in accordance with the patentee's corrected description and specification. And in case of his death or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators, or assignees. And the patent 80 reissued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all actions here- after commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the origi- nal patent.! And whenever the orginai patentee shall be desirous of adding the description and specification of any new improvement of the original invention or discovery, which shall have been invented or discovered by him subsequent to the date of his patent, he may, like proceedings being had in all respects as in the case of the original applications, and on the payment of fifteen dollars, as hereinbefore provided, have the same annexed to the original description and specification; and the Commissioner shall certify, on the margin of annexed description and specification, the time of its being annexed and recorded; and the dame shall hereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification.§ Sec 14. And be it further enacted, That whenever, in any action for damages [for] making, using, or selling the thing whereof the exclusive right is secured by any patent heretofore granted, or by any patent which may hereafter be granted, a verdict shall be rendered for the plaintiff in such action, it shall be in the power of the court to render judgment of any sum above the amount found by such verdict as the actual damages sus- tained by the plaintiff, not exceeding three times the amount thereof, according to the circumstances of the case, with costs; and such damages may be recovered by action on the case, in any court of competent jurisdiction, to be brought in the name or names of the person or ju'i'sons interested, whether as patentee, assignee, or as grantees of the exclusive right within and throughout a specified part of the United States. Sec. 15. And be it further enacted, Tiiat the defendant in any such action shall be povniitted to plead the general issue, and to give this act and any special matter in evidence, of which notice in writing may have been given to the plaintiff or his attorney, thirty days before trial, tending to prove fThirty dollars.— Se^ sec. 5, p 11, and bcc. 10, p 24. See sectloa 9, page 24. 24. o See Bcctions 9 and 10, p f See section 5, page 11. §See SLCtion 8, page 12. Repealed that the description and specification filed by the plaintiff does not contain the whole truth relative to his invention or discovery, or that it contains more than is necessary to produce the described efiect; which concealment or addition shall fully appear to have been made for the purpose of deceiving the public, or that the patentee was not the original and first inventor or discoverer of the thing patented, or of a substantial and material pan thereof claimed as new, or that it has been described in some public work anterior to the supposed discovery thereof by the patentee, or had been in public use or on sale with the consent and allowance of the patentee before his application for a patent, or that he had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same; or that the patentee, if an alien at the time the patent was granted, had failed and neglected, for the space of eighteen months from the date of the patent, to put and continue on sale to the public, on reasonable terms, the invention or discovery for which the patent issued; and whenever the defendant relies in his defence on the fact of a previous invention, knowl- edge, or use of the thing patented, he shall state, in his notice of special matters, the names and places of residence of those whom he intends to prove to have possessed a prior knowledge of the thing, and where the same had been used; in either of which cases judgment shall be rendered for the defendant with costs: Provided, however, That whenever it shall satisfactorily appear that the patentee, at the time of making his applica- tion for the patent, believing himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof, having been before known or used in any foreign country; it not appearing that the same or any sub- stantial part thereof had before been patented or described in any printed publication: And provided, also, That whenever the plaintiff" shall fail to sustain his action on the ground that in his specification or claim is embraced more than that of which he was the first inventor, if it shall appear that the defendant had used or violated any part of the invention justly and truly specified and claimed as new, it shall be in the power of the court to adjudge and award, as to costs, as may appear to be just and equitable.* Sec. 16. And be it further enacted, That whenever there shall bo two inter- fering patents, or whenever a patent or application shall have been refused on an adverse decision of a board of cxaminer8,f on the ground that that patent applied for would interfere with an unexpired patent previously granted, any person interested in any such patent, either by assignment or otherwise in the one case, and any such applicant in the other case, may have remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties, and other due proceedings had, may adjudge and declare either the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of the United States, according to the interest which the parties to such suit may possess in the patent or the inventions patented; and may also adjudge that such applicant is entitled, according to the principles and provisions of this act, to have and receive a patent for his invention, as specified in his claim, or for any part thereof, as the fact of priority of right or invention shall, in any such case, be made to appear. And such adjudication, if it be in favor of the right of such applicant, shall authorize the Commissioner to issue such patent, on his filing a copy of the adjudication, and otherwise complying with the requi- sitions of this act: Provided, however. That no such judgment or adjudica- tion shall affect the rights of any person, except the parties to the action, oSee section 9, page 12. f See section 11, page 15. 8 and those deriving title from or under them subsequent to the rendition of such judgment. Sec. 17. And be it further enacted, That all actions, suits, controversies and cases arising under any law of the United States, granting or confirm- ing to inventors the exclusive right to their inventions or discoveries shall be originally cognizable, as well in equity as at law, by the circuit courts of the United btales, or any district court having the powers and jurisdiction of a circuit court; which courts shall have power, upon a bill in equity filed by any party aggrieved, in any such case, to grant injunctions accordino- to the course and principles of courts of equity, to prevent the violation of'tho rights of any inventor as secured to him by any law of the United States on such terms and conditions as said courts may deem reasonable- Provided' however, That from all judgments and decrees from any such court rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the Supreme Court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of circuit courts, and in all other cases in which the court shall deem it reasonable to allow the same Sec. 18. And be it further enacted. That whenever any patentee of an in- vention or discov'ijry shall desire an extension of his patent beyond the term ot Its limitation,* he may make application therefor, in writing, to the Com- missioner of the Patent Office, setting forth the grounds thereof ; and the Commissioner shall, on the applicant's paying the sum of forty doUarst to the credit of the treasury, as in the case of an original application for a patent, caiise to be published in one or more of the principal newspapers in the city of Washington, and m such other paper or papers as he may deem proper, published in the section of country most interested adversely to the extension of the patent, a notice of such application, and of the time and p ace when and where the same will be considered, that any person may appear and show cause why the extensiuii should not be granted.! And the Secretary of htate, he Commissioner of the Patent Office, and the Solicitor of the Treasury shall constitute a board§ to hear and decide upon the evi- dence produced befoi-e them, both for and against the extensioiraud sha' thereof Tlfo"n^'/'f* ^^i" V/T ^'1^ Place designated in the published notice thereof. Ihe patentee shall furnish to said board a statement in writimr under oath, of the ascertained value of the invention, and of his rece^ts and expenditures sufficiently in detail to exhibit a true'and fait^fu aciomrof OSS and profit in any manner accruing to him from and by reason of saS invention. And if, upon a hearing of the matter, it shall appear to the Si and entire satisfact on of said board, having due'regard to te public inte el\o^ZT) '^"' '' '' ^fl ""^ ^'''^P'^'- '^''' *''^ term*;>f the patenTs^ ou M be e.xtended, by reason of the patentee, without neglect or fiult on his part having faded to obtain, from the use and sale of his invention a 1x^01^ remuneration for the time, ingenuity, and expense bestZd upoi ho ami and the introduction thereof into use, it shall be the duty of the Commisl sS'extoirfl^r I't"' V'^ ""''''''' '^'"^'^'"" ^ certificate the?con of thn fh.« ' [-^ r *'''"• .°^ ^''^'''' y^'^''« ^'"f" '''"I a^'t*-^'- tbe expiration of ll . '"'^' ^'^'^'^ certificate, with a certificate of said board of ?heir Office "Irl'P'"'"" 'f^ ^^'''f^' ^'^"" ^' ^"t*^^^^^ "» ••^'^-•d i» the Pa en thou'h ' t P°" *■ ' if '^ P^'^""* ^•''^'^ ''^^'« the same effect in law as though It had been originally granted for the term of twenty-one years- and the benefit of such renewal shall extend to assignees and'^g;anterof the i m t |fl!^i=^i?" 12. page Q5, and section 16, page 26. I cr>i?:"^'L"" «PP"f?tion, ^nd lilly dollars when granted.-See section 10, page 24. § Repealed — See section I, page 17. I - ...J Ml/. lain uii uppiicail I See section 12, page 25. rendition of ntroversies, or confirm- rcries, shall lit courts of jurisdiction equity filed ccording' to ation of the ted States, : Provided, rt rendered e, shall lie and under fments and court shall ?e of an in- id the term o the Com- '; and the doUarsf to ition for a spapers in may deem sely to the time and 3rson may And the Solicitor in the evi- aud shall hed notice n writing-, ceipts and nccount of on of said to the full blic inter- should be liis part, case n able the same, ) Commis- thcreon of )iration of 1 of their ho Patent ill law as oars; and ;es of the page 24. right to use the tiling patented, to the extent of their respective interests therein: Provided, however, That no extension of a patent shall be granted after the expiration of the term for which it was originally issued. Sec. 19. And be it furUier enacled, That there shall be provided, for the use of said office, a library of scientific works and periodical publications, both foreign and American, calculated to facilitate the discharge of the duties hereby required of the chief officers therein, to be purchased under the direction of the Committee of the Library of Congress. And the sum of fifteen hundred dollars is hereby appropriated for that purpose, to be paid out of the Patent Fund. i f > b' Sec. 20. And he it further enacted, That it shall be the duty of the Com- missioner to cause to be classified and arranged, in such rooms or galleries as may be provided for that purpose, in suitable cases, when necessary for their preservation, and in such manner as shall be conducive to a beneficial and favorable display thereof, the models and specimens of compositions and fabrics, and other manufactures and works of art, patented or unpa- tented, which have been, or shall hereafter be, deposited in said office.* And said rooms or galleries shall be kept open during suitable hours for public inspection. Sec. 21. And be it further enacted. That all acts and parts of acts hereto- fore passed on this subject be, and the same are hereby, repealed: Provided, however, That all actions and process in law or equity sued out prior to the passage of this act may be prosecuted to final judgment and execution, in the same manner as though this act had not been passed, excepting and sav- ing the application to any such action of the provisions of the fourteenth and fifteenth sections of this act, so far as they may be applicable thereto: And provided, also. That all applications for petition for patents pending at the time of the passage of this act, in cases where the duty has been paid, shall be proceeded with and acted on in the same manner as though filed after the passage thereof. Approved July 4, 1836. AN ACT in addition to the act to promote the progregs of Science and Useful Arts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That any person who may be in posses- sion of, or in any way interested in, any patent for an invention, discovery, or improvement, issued prior to the fifteenth day of December, in the year of our Lord one thousand eight hundred and thirty-six, or in an assignment of any patent, or interest therein, executed and recorded prior to the said fifteenth day of December, may, without charge, on presentation or trans- mission thereof to the Commissioner of Patents, have the same recorded anew in the Patent Office, together with the descriptions, specifications of claim, and drawings annexed or belonging to tlie same; and it shall be the duty of the Commissioner to cause the same, or any authenticated copy of the original record, specification, or drawing, which he may obtain, to be transcribed and copied into books of record to be kept for that purpose; and wherever a drawiix? was not originally annexed to the patent, and referred to in the specification, any drawing produced us a delineation of the inven- tion, being verified by oath in such manner .; +!:o Commissioner shall re- quire, may be transmitted and placed on file, oi c* pied as aforesaid, together with certificate of the oath; or such drawings may be made in the office, • See section 5, pare 24. 10 under the direction of the Commissioner, in conformity with the specifica- tion. And it shall be the duty of the Commissioner to take such measures as may be advised and determined by tiie board of commissioners provided for in the fourth section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being so transcribed and recorded. And it shall bo the duty of each of the several clerks of the judicial courts of the United States to transmit, as soon as may be, to the Commissioner of the Patent OfBce, a statement of all the authenticated copies of patents, descriptions, specifications, and drawings of inventions and discoveries made and extended prior to the aforesaid fifteenth day of December, which may be found on the files of his ofiice; and also to make out and transmit to said Commissioner, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing, which shall be specially re- quired by said Commissioner. Sec. 2. And be it further enacted, That copies of such record and drawings, certified by the Commissioner, or, in his absence, by the chief clerk, shall be prima facie evidence of the particulars of the invention, and of the patent granted therefor, in any judicial court of the United States, in all cases where copies of the original record, or specifications and drawings, would be evi- dence, without proof of the loss of such originals, and no patent issued prior to the aforesaid fifteenth day of December, shall, after the 1st day of June next, be received in evidence in any of the said courts in behalf of the patentee or other person who shall be in possession of the same, unless it shall have been so recorded anew, and a drawing of the invention, if sepa- rate from the patent, verified as aforesaid, deposited in the Patent OflSce; nor shall any written assignment of any such patent, executed and recorded prior to the said fifteenth day of December, be received in evidence in any of the said courts in behalf of the assignee or other person in possession thereof, until it shall have been so recorded anew. Sec. 3. And be it further enacted, That whenever it shall appear to the Commissioner that any patent was destroyed by the burning of the Patent Ofiice building on the aforesaid fifteenth day of December, or was otherwise lost prior thereto, it shall be his duty, on application therefor by the patentee or other person interested therein, to issue a new patent for the same inven- tion or discovery, bearing the date of the original patent, with his certificate thereon, that it was made and issued pursuant to the provisions of the third section of this act, and shall enter the same of record: Provided, however, That before such patent shall be issued, the applicant therefor shall deposit in the Patent Office a duplicate, as near as may be, of the original model, drawings, and descriptions, with specifications of the invention or discovery, verified by oath, as shall be required by the Commissioner, and such patent and copies of such drawings and descriptions, duly certified, shall be admis- sible as evidence in any judicial court of the United States, and shall protect the rights of the patentee, his administrators, heirs, and assigns, to the extent only in which they would have been protected by the original patent and specification.* Sec. 4. And be it further enacted. That it shall be the duty of the Commis- sioner to procure a duplicate of such of the models destroj'ed by fire on the aforesaid fifteenth day of December, as were most valuable and interesting, and whose preservation would be important to the public, and such as would be necessary to facilitate the just discharge of the duties imposed by law on tlie Commissioner in issuing patents, and to protect the rights of the public and of patentees in patented inventions and improvements: Provided, That a duplicate of such models may be obtained at a reasonable expense: And • See eection 2, page 16. > ■^ the specifica- ich measures lers provided ficatioDs, and corded. And ;ial courts of iimissioner of 8 of patents, I discoveries smber, which and transmit )f every such specially re- nd drawings, Icrk, shall be »f the patent 1 cases where would be evi- ; issued prior day of June •ehalf of the me, unless it tion, if sepa- atent Office; and recorded lence in any n possession ppear to the [■ the Patent as otherwise the patentee same inven- lis certificate ! of the third ied, however, shall deposit ginal model, Dr discovery, such patent all be admis- shall protect igns, to the ginal patent the Comrais- y fire on the interesting, ich as would ;d by law on if the public wided, That :pense: And 11 provided, also. That the whole amount of expenditure for this purpose shall not exceed the sum of one hundred thousand dollars. And there shall be a temporary board of commissioners, to be composed of the Commissioner of the Patent Office and two other persons to be appointed by the President, whose duty it shall be to consider and determine upon the best and most judicious mode of obtaining models of suitable construction ; and, also, to consider and determine what models may be procured in pursuance of, and in accordance with, the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms, and conditions not inconsistent with law, as in their opinion maj' be proper and necessary to carry the provisions of this section into etfecl, according to its true intent. Sec. 5. And be it further enacted, That whenever a patent shall be returnedl for correction and reissue, under the thirteenth section of the act to which this is additional, and the patentee shall desire several patents to be issued! for distinct and separate parts of the thing patented, he shall first pay, ire manner and in addition to the sum provided by that act, the sum of thirty dollars for each additional patent so to be issued:* Provided, however, That no patent made prior to the aforesaid fifteenth day of December, shall be- corrected and reissued until a duplicate of the model and drawing of the- thing, as originally invented, verified by oath as shall be required by the Commissioner, shall be deposited in the Patent Office. Nor shall any addi- tion of ail improvement be made to any patent heretofore granted, nor any new patent be issued for an improvement made in any machine, manirfacture, or pi'ocess, to the original inventor, assignee, or possessor of a patent there for, nor any disclaimer be admitted to record, until a duplicate model and draw- ing of the thing originally invented, verified as aforesaid, shall have been deposited in the Patent OtHce, if the Commissioner shall require the same;, nor shall any patent be granted for an inventitm, improvement, or discovery,, the model or drawing of which shall have been lost, until another model and drawing, if required by the Commissioner, shall in like manner be deposited in the Patent Office. And in all such cases, as well as in those which may arise under the tiiird section of this act, the question of compensation for such models and drawings shall be subject to the judgment and decision of the commissioners provided for in tiie fourth section, under the same limita- tions and restrictions as are herein prescribed. Sec. fi. And he it further enacted. That any patent, hereafter to be issued, may be made and issvied to the assignee or assignees of the inventor or discoverer, the assignment thereof being first entered of record, and the application tlierofor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in tlie office, and the other to be annexed to the patent, and considered a part of the specification. Sec. 7. And h] it further enacted. That whenever any patentee shall have, through inadvertence, accident, or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being truly and justly his own, any sucli patentee, his administrators, executors, and assigns, whether of the whole or of a sectional interest therein, may make dischiinier of such parts of the thing patented as the disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the Patent Office, on 2 — Laws. o See section 10, page 24. 12 payment by the person disclaiming-, in manner as other patent duties are reciuirod by law to bo paid, of the sum of ten dollars.* And sucii disclaimer eliall thereafter be taken and considered as part of the orig-inal specification, to the extent of the interest which shall be possessed in the patent or ri^ht secured thereby-, by the disclaimant, and by those claiming by or under him, subsequent to the record thereof. But no such disclaimer shall aflect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same. Sec. 8. And he it further enacted, That whenever application shall bo made to the Commissioner for any addition of a newly discovered improvement to bo made to an existing patent,! <"' whenever a patent shall be returned for correction and re-issue, the specification of claim annexed to every such patent shall bo subject to revision and restriction, in the same manner as are original applications for patents; the Commissioner shall not add any such improvement to the patent in the one case, nor grant the reissue in the other case, until the applicant shall have entered a disclaimer, or altered Lis specification of claim in accordance with the decision of the Commis- sioner; and in all such cases, the applicant.if dissatisfied with such decision shall have the same remedy, and be entitled to the benefit of the same privi- leges and proceedings, as are provided by law in the case of original appli- cations for patents. Sec. 9. And be it further enacted, (anything in the fifteenth section of the act to which this is additional to the contrary notwithstanding,) That when- ever, by mistake, accident, or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in his specification, claimed to bo the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bona fide his own : Provided, It shall bo a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed without right as aforesaid. And every such patentee, his executurs admin- iwtrators, and assigns, whether of a whole or of a sectional interest therein shall be entitled to maintain a suit at law or in equity on such patent for any inlringemont of such part of the invention or discoverv as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace niore than he shall have any legal right to claim. But in every such case in which a judgment or verdict shall be rendered for the plaintiff; he shall not be entitled to recover costs against the defendant, unless he shall have en- tered at tiie Patent Office, prior to the commencement of the suit, a disclaimer ot all that part of the thing patented which was so claimed without right • Iromded, however, xliat no person bringing any such suit shall be entitled to tlie benefits ot the provisions contained in this section, who shall have unreasonably neglected or delayed to enter at the Patent Office a disclaimer as aloresaid. Sec. 10 And be it further enacted. That the Commissioner is hereby :autliorized and empowered to appoint agents in not exceeding twenty of the pnncpal cities or towns of the United States, as may best accommodate the ditlerent sections of the country, for the purpose of receiving and for- •warding to the Patent Ofiicc all such models, specimens of ingrclfents and inanufactures, as shall be intended to be patented or depo.sited therein the transportation of the same to be chargeable to the Patent Fund.| ' » See section 10, page 21. tSce sectioa 9, page 24. X Rt'peuled.— See suction 6, page 24. 13 duties are disclaimei" deification, nt or ripfht under liim, aflect any y relate to 11 be made proveinent iturned for ivcry such manner as ot add any ! reissue in , or altered Com mi s- ii decision, mme privi- ;inal appli- tion of the rhat when- ful default ave, in his icoverer of >e was not lit to claim and valid 1 bona fide the thing' 80 claimecl )vs, admin- st therein, patent for ill be bona y embrace such case shall not 11 have en- disclaimer out right ; >e entitled shall have disclaimer is hereby twenty of oinmodate ig' and for- lients, and lerein, the Sec. 11. And be it further enacted, That instead of one examining clerk, as provided by the second section of the act to which this is additional, there shall be appointed, in manner therein provided, two examining clerks, each to receive an annual salary of fifteen hundred dollars ; and also an addi- tional copying clerk, at an annual salary of eight hundred dollars.* And the Commissioner is also authorized to employ, from time to time, us many tem- porary clerks as may be necessary to execute the copying and draughting required by tiie first section of this act, and to examine and compare the records with the originals, who shall receive not exceeding seven centsf for every page of one hundred words, and for drawings and comparisons of records with originals such reasonable compensation as shall be agreed upon or prescribed by the Commissioner. Sfx'. 12. And be it farther enacted, That whenever the application of any foreigner for a patent shall be rejected and withdrawn for want of novelty in the invention, pursuant to the seventh section of tlie act to which this is additional, the certificate thereof of the Commissioner shall be a sufficient warrant to the Treasurer to pay back to such applicant two-thirds of the duty he shall have paid into the treasury on account of such application. | Sec. 13. And be U further enacted, That in all rases in which an oath is required by this act, or by the act to which this is additional, if the person of Avhom it is required shall be conscientiously scruplous of taking an oath, affirmation may be substituted therefor. Sec. 14. And be it further enacted. That all moneys paid into the treasury of the United States for patents, and for fees for copies furnished by the Superintendent of the Patent Office prior to the passage of the act of which this is additional, shall be carried to the credit of the Patent-Fund created by said act; and the moneys constituting said fund shall be, and the same are hereby, appropriated for the payment of the salaries of the officers and clerks provided by said act, and all other expenses of the Patent Office, including all the expenditures provided for by this act; and, also, for such other par- poses as are or may be hereafter specially provided for by law. And the Commissioner is hereby authorized to draw upon such fund, from time to time, for such sums as shall be necessary to carry into eifect the provisions of this act, governed, however, by the several limitations herein contained. And it shall be his duty to lay before Congress, in the month of January, annually, a detailed statement of the expenditures and payments by him made from said fund. And it shall also be his duty to lay before Congress, in the month of January, annually, a list of all patents which shall have been grafited during the preceeding year, designating, under proper heads, the subjects of such patents, and furnishing an alphalxstical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property' during the same period, together with such other information of the state and condition of the Patent Office as may be useful to Congress or to the public. Approved March 3, 1837. A BILL in addition to "An act to promote tLe progress of the Useful Arts." Be it enacted by the Senate and House of Representatives of t^ie United States of America in Congress assembled, That there shall be appointed, in manner provided in the second secti(jn of the act to which this is additional, two assistant examiners, each to receive an annual salary of twelve hundred and fifty dollar8.§ ®See section 7, pa^e 24. I See sections 9 and 10, page 24. t See section 2, page 14. §See section 7, page 24. 14 Sec. 2. And be it further enacted, Tliat llio ConiniiHsioiuT be auiliorizcd to cui|>loy temporary clorkH to do tiny iieccHsary traiiscriliiii}?, whciiovcr tlio current buHincHa of the office re(]nire8it: Vro\:ided,h(nverer, That instead of Httbuy, a couipeiiHation shall be ulh)\ved, at u rate not greater than is charged for copit-s* now furnished by the office. Skc. 3. And f>e it further evaded, That the Commissioner is liereliy au- thorized to publisli a classified and alphabetical list of all patents granted by the Patent Office previous to said publication, and retain one liundred copies for the Patent Office, and nine hundred copies to be deposited in the library of Congress, for such distribution as may hereafter be directed; and tliat one thousand dollars, if necessary, bo appropriated, out of the Patent Fund, to defray the expense of the same. Sec. 4. And be it further enacted. That the sum of three thousand si;: I.an- drcd and fifty-nine dollars and twenty-two cents be, and is hereby, appro- priated from the Patent Fund, to i)ay for the use and occupation of rooms in the City Hall by the Patent Office. Sec. 5. And be it further aiaelrd, That the sum of one thousand dollars be appropriated from the Patent Fund, to be expended under the direction of th(! Commissioner, for the purchase of necessary books for the library of the Patent Office. Sec 6. And l>e it further enacted. That no person shall be debarred from receiving a patent for any invention or discovery, as provided in the act approved on the fourth day of July, one thousand eight hundred and thirty- six, to which this is additional, by reason of the same having been patented in a foreign country more than six mtmths prior to his application: Provided, That the same shall not have been introduced into public and common use in the United States prior to the application for such patent: And jtraeided, also, That in all cases every such patent shall be limited to the term of fbur- tcen| years from the date or publication of such foreign letters patent. Sec. 7. And be it further enacted. That every person or corporation who has, or shall have, purchased or constructed any newly invented machine, manufacture, or composition of matter, prior to the application by the inven- tor or discoverer for a patent, shall b(> held to possess the right to use, and vend to others to be used, the specific nuichinc, manufacture, or composition of matter so made or purchased, without liability therefor to the inventor, or any other person interested in such invention; and no patent shall be held to be invtilid by reason of such purchase, sale, or use, prior to the application for a patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale, or prior use, has been for more than two years prior to such application for a patent. Sec 8. And be it further enacted, That so much of the eleventh section of the above-recited act as requires the payment of thn.'o dollars to the Com- missiotK'r of Patents tor recording any assignment, grant or conveyances, of the whole or any part of the interest or right under any patent, be, and the same is hereby, repealed; and all such assignments, grants, and convey- ances siiall, in future, be recorded without any charge whatever J Sec. y. A)ul l)e it further enacted. That a sum of money, not exceeding one thousand dollars, be, and the same is hereby, a|)propriated, out of the Patent Fund, to be expended by the Commissioner of Patents, in the collection of agricultural statistics, and for other agricultural purposes; for which the Raid Commissioner shall account in his next annudl report. Sec. 10. And be it further enacted, That the provisions of the sixteenth section of the before-recited act shall extend to all cases where patents are refused for any reason whatever, either by the Commissioner of Patents or ^ See Kcctioa 4, page 2. f Seventeen years.- X See section 2, page 18. -See section IG, page 26. 15 lliorizcd to n;'>vcr tlio instead of is charged lierel)y au- ts grunted le hundred iited in the L'Cted; and tlie Patent id si:: I.an- L'by, appro- :)t" rooms in dolhirs bo lircction of rary of tlio larred from in the act and thirty- ■n patented ; Provided, omnion use d 2)rovided, .'rm of four- latent. ration who d maeliine, ' tl)o inven- to use, and :omposition le inventor, nt shall be rior to the lent of such e, has been li section of tn the Coni- )nveyances, ?nt, be, and md convey- X ceeding one the Patent collection of r which the le sixteenth patents are ■ ralLiils or , page 26. by the Chief JuHtiee of the District of Columbia, upon appeals from th(! deci- sion of said Commissioner, as well as where th(^ same shall have bijcn refused on account of, or by reasctn of, interference with a previously existinji,- patfMit; and in all cases where there is no op|)osing j)arty a copy of the bill shall be served upon the Commissioner of I'atents, when the whole of the expenses of the pn/oeeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise. Sf.c. 11. And 1)6 it further enacted, That in cases where an appeal is now allowed by law from the decision of the Commissioner of Patents to a board of examiners, provided for in the seventh sectittn of the act of which this is additional, the party, instead thereof, shall have right to appeal to the Chief Justice* of the district court of the United States for the District of Colum- bia, by giving notice thereof to the Commissioner, and filing in the Patent Office, within such time as the Commissioner shall appoint, his reasons of appeal, specilically set forth in writing, and also paying into the Patent Office, to the credit of the Patent Fund, the sum of twenty-five dollars. And it shall be the duty of said Chief Justice, on petition, to hear and determine all such appeals, and to revise such decisions in a summary way, on the evidence produced before the Commissioners, at such early and con- venient time as he may appoint, first notifying the Commissioner of the time and place of hearing, whose duty it shall be to g'.ve notice thereof to all parties who appear to be interested therein, in such manner as said judge shall prescribe. The Commissioner shall also lay before the said judge all the original i>apers and evidence in the case, together with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal, to which the revision shall be confined. And at the reipiest of any party interested, or at the desire of the judge, the Commis- sioner and the examiners in the Patent Office may be examined, under oath, in explanation of the principles of the machine, or other thing, for which a patent in such case is prayed for. And it shall be the duty of the said judge, after a hearing of any such case, to return all the papers to the Commissioner, with a certificiite of his proceedings and decision, which shall be entered of record in the Patent Office; and such decision, so certified, shall govern the further proceedings of the Commissioner in such case: Provided, however, Tliat no opinion or decision of the judge in any such case shall preclude any person interested in favor or against the validity of any patent which has been, or may hereafter be, granted, from the right to contest the same in any judicial court, in any action in which its validity may come in question. Sec. 12. And be it further enacted, That the Commissioner of Patents shall have power to make all such regulations in respect to the taking of evidence to be used in contested cases before hi'u, as may be just and reasonable.f And so much of the act to which this is additional as provides for a board of examiners is hereby repealed. Sec. 13. And be it further enacted. That there be paid annually, out of the Patent Fund, to the said Chief Justice, in consideration of the duties herein imposed, the sum of one hundred dollars.;}: Approved March 3, 1839. AN ACT in addition to an act to promote the progress of the Useful Arts, and to repeal all acts and parts of acts heretofore made for that purpose. Be it enacted In/ the Ornate and House of Representatives of the United Slates of America in Congress assembled. That the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the Patent Fund, any o See page 18, act approved 30th August, 1852. t See section 1, page 23. ^ ,„,.■, X Repealed.— See page 19, section 3 of act approved 30th August, 185i. 16 Bum or sums of money, to any person who Hliall Imvo paid tlio same into the treiiHury, or to uiiy receiver or depositary to the credit <>(' tlic Treasiirer, an for f«,'eH accruing ut the Patent Oflice tliri)ii. And be it further enacted, That all patentees and assignees of patents hereafter granted are hereby required to stamp, engrave, or cause to be stamped or engraved, on each article vended or oflered lor sale, the date of the pat(rnt; and if any ])erson or persons, patentees or assignees, shall neglect to do so, he, she, or they, shall be liable to the same penalty; to be recovered and disposed of in the manner specilied in the foregoing fifth section of this a-t.* Approved Augu.st 29, 1842 Sectiov 15 of tho act entitled "An act to provide for the better organization of the treasurer and for the collection, safe-keeping, transfer, and diibursement of the public revenue, approved August G, 1846. And be if further enacted, That all marshals, district attorneys, and others having public money to pay to the United States, and all patentees wishing to make payment for patents to be issued, may pay all such moneys to the Treasuivr of the United States, or to the treasurer of cither of the mints in rhiladeli)hia or New Orleans, to either of the other assistant treasurers, or to such other depositary constituted by this act as shall be designated by the Secretary of the Treasury, in other parts of the United States, to receive such payments and give receipts or certificates of deposit therefor. AN ACT to provide additional examiners in tho Patent Office, and for other purposes. Be it enacted b\i the Senate and House of Representatives of the United Stales of America in Co'miresa anaenMed, That there shall be appointed, in the man- ner provided in tlie second section of the act entitled "An act to promote the m-oirress of useful arts, and to repeal all acts or parts of acts heretotore made for that purpose," approved July fourth, eighteen hundred and thirty- six two principal examiners and two assistant examiners, in addition to the number of examiners now employed in the Patent ()ffice,t and that hereafter each of the principal examiners employed in the Patent Olhce shall receive an annual salary of twenty-live hundred dollars, and each of the assistant cxanSB ananmial salaiyof fifteen hundred dollars: Pr.o,W of the class of inventions to which saul case belongs, who shall mak(> a full renort to said Commissioner of the said case, and particu- iarlv whetlier the inVention or improvement secured in the patent was new 4d patentable when patented; and thereupon the said Commissioner shall '"' * ■ " •' ' t, upon the same —'—•....' grant or riifuse the Repealed. — See extension of said pt section 13, page 26. pi t See section 7, page 24. 18 rules that have governed said board; but n. patent shall be extended for a ''''S::TA:^t7%?^Lcte,, That hereafter the Commissioner of Patents shall require a fee of one dollar for recon hng any f^'^^' grant, or conveyance of the whole or any part o! '^^^ ^}''^^;^^/^}^ paten , or power of attorney, or license to n.ake or nse the ^ '>»g P 'ten^J when such Instrument .hall not ex od three unulted wmds; ^^^^ two dollars when .. shall exceed th .c hundred and shall "ot exceed one thousand words; and tlio sum of thrc dollars ,t U shall exceed one thousand words; which fees shall in all cases be paid in advance. ,„,„„.,. Sec. 3. And be it further enacted, That there shall be appointed, in mannoi aforesaid, two clerks, to be employed in copying and recording, a''^l "' '^the^' services in the Patent Office, who shall each be paid a salary ol one thousand two hundred dollars per annum. . . Sfc 4 And be it further enacted That the Commissioner of 1 atents is hereby authorized to send by mail, free of pustage, the annual reports o the Paten't Office in the same manner in which ho is empowered to send lettcis and packages relating to the business of the Patent Office. Approved May 27, 1848. Section 2 of the act entitled " An act to establish the Home Department, and to provide for the Treasury Department an Assistant Secretary of the Treasury and a Commissioner of the Custo, IS," approved March 3, 1849. And be it further enacted, That the Secretary of the Interior shall exerciso and perform all the acts of supervision and appeal in regard to the office ot Commissioner of Patents, now exercised by the Secretary of State; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury, or estimates, or accounts, subject to the same adjustment or control now exercised on similar estimates or ac- co-jnts by the First or Fifth Auditor and First Comptroller of the Ireasury. Section 2 of the act entitled " An act making appropriations for the civil and diplomatic expenses of govcnment," Sic, approved March 3, 1851. And be it further enacted, That there shall be appointed and paid, in the manner now provided by law, two principal examiners and two assistant examiners of patents, in addition to the examining force now employed in the Patent Office.f AN ACT in addition to an act to promote the progress of tlic Useful Arts. Be it enacted tnjthe Senate and House of liepresentatiees of the United Stateji of America in Cungrei--^ assembled, That appeals provided lor in the eleventh section of the act entitled " Vn act in addition to an act to promote the pro- gress of the useful arts," approved March the third, eighteen humlred and thirty-nine, may also be made to either of the assistant Judges of the circuit court of the District of Columbia; and all the jiowers, duties, and responsi- bilities imposed by the aforesaid act, and conferred ui-on the chief judge, are hcieby iiniiosed and conferred upon each of the said assistant judges. Sf.c. 2. And lie it further enacted, That in case appeal shall lie made to the said chief judge, or to either of the said assistant judges, the Commis- sioner of Patents shall pay to such chief judge, or assistant judge, the sum of twenty-five dollars, required to be paid by the appellant into the Patent Office by the eleventh section of said act, on said appeal. » See section 16, pagfj 26. t See section 7, page 2i. \ 19 Sec. 3. And he it further enacted, That section tliirtoon of the aforesaid aot, approv d Marcli the third, eighteen hundred and thirty-nine, is hereby repealed. Approved August 30, 1852. Extracts from the act entitled " An act making appropriations for llie civil and diplomatic expenses of the government for the year ending the thirtieth of June, eighteen hundred and fifty-three, and for other purposes," approved August 31, 1852. For the collection of agricultural statistics and purchase of seeds, to be paid out of the Patent Fund, live thousand (Wlti i. For compensation of the librarian of the Patent Office, twelve hundred dolhu's,* to be paid out of the Patent Fund. For books of the library of the Patent Oflice, to be paid out of the Patent Fund, one thousand five hundred dollars. For fitting up the library of the Patent Office, to be paid out of the Patent Fund, two thousand dollars. For additional compensation to the disbursing clerk and draughtsman in the Patent Office, the sum of three hundred dollars eacli, to be j)aid out of the Patent Office Fund; and that hereafter the disbursing clerk shall be re- quired to give bond, with approved security, in the sum of five thousand dollars, conditioned for the faithful discharge of the duties of his office. For compensation of two additional permanent clerks in the Patent Office, to bo appointed by the Commissioner of Patents, at a salary of fourteen hundred dollars each, the sum of twenty-eight hundred dollars, to be paid out of the Patent Office fund. Section 3d of the general appropriation bill of 3d ^farch, 1853, provides for eight clerks of tlie second class, twelve (including six assistant examin- ers) of the third class, and one of the lourth class; and also provides for an increas(; of the salary of the chief clerk to two thousand dollars. f Act of the 22d April, 1854, allows additional compensation to clerks, mes- senger, &c. Seci'ot 1 of the deficiency bill of the 31st May, 1854, appropriates forty- five thousand dollars for furnishing the rooms of the new w.ug of the Patent Offic, juilding with furniture, and providing the saloon therein with cases for models. The general appropriation bill of 4th August, 1854, appro|)riates two thou- sand nine hundred and eighty dollars to pay the keepers, &c., in the National Gallery, and one hundred dollars for contingent expenses. Also provides for reimbursiii": to the Patent Fund sixteen thousand dollars. Extracts from the General Appropriation bill of March 3, 1855. Sec. 1. For the preservation of the C()llecii;>ns of the Exploring Ex[)edition: For ciinipcnsation of keepers, watchmen, and laborers, two thousand nine hundred and eighty dollars. For contingent expenses, tv.'o hundred dnllars. Sec. 11). And be it further enarlcd, Tiiaf tliere shall be appointed and paid, in tli(! manner now provided by law, four principal examiners and four assist- ant examiners of patents, in addition to tiie examining forc-e now authorized by law to be so emphtyed in the Patent OlHce; and should the necessities of the public service, in tlie estimation of th(> (Jonunissioner of Patents, retpure any additional examining force to that herein provided, previous to the n(;xt session of Congress, there may also be appointed and paid in the maimer now provided by law, in addition to the foregoing, not exceeding two prin- $1,800.— See section 4, page 24. t See soctionB 4 and 7, page 24. 20 cinal and two assistant examiners, wlio shall not so continue to be employed subsequent to the expiration of said next session of Congress without fur- ther provision of law.* ^«, t^ i -. i „„ Skc 20 For the reimbursement of the Patent Office Fund for moneys here- tofore paid out of appropriations of acts of Congress for seeds and the colleo- tion of agricultural statisti(;s, forty thousand and seventy-eight dollars and sev(mty-eight cents, to be paid out of any moneys in the treasury not other- wise appropriated. ^ . . ^ Sfc 25 And be it farther enaded, That the first assistant examiners in the Fatent Office shall be rated as of the fourth class of clerks, aud tlie second assistant examiners, machinist, and librarianf as ot the third class United States Fatext Office, February 25, 185G. DEFICIENCY BILL of May 15, 1856. For the collection of agricultural statistics, investigations for promoting a-ricnltural and rural economy, and the procurement and distribution ot cuttings and seeds, to be expended under the direction ot the Commissioner of Fafents, thirty thousand dollars. AN ACT making appropriations for certain civil expenses, &c —August 18, 1856. Sfc 1 For the collection of agricultural statistics, investigations for pro- moting ao-riculture and rural ec(momy, and the procurement and distribution f c itHnu-s and seeds, seventy-five thousand dollars, to ho expended under the ir 'crion of the Commissioner of Patents: FrovM, That the Commis- s oner sh U report to Congress the varies [various] kinds and amount of saTds [seecls] purchased and to be purchased under this appropriation, from whom and where obtained, and the cost ot the same. . ^ ^ * * * * * .ij-j Sfc 9 And be it further enacted, Tiiat there shall be appointed and paid, in th<; manner now provided by law, two principal examiners and two assistant examiners, in addition to the .examining lorce now authoiized by law to be so emphiyed in the Patent Oihce.-j: _ , f p. *„„<«, 'a Sfc. 10 And l>e it further enacted, That the Commissi..ner <. aten s is herelv autlmrized to pay those employed in the United States Fa ent Office ft^ m Ai.ril first, eightecm hundred and fifty-four, until April first, eighteen Iniadni and fifty-five, as examiners and assistant ^jf ^^•".';';T^;: . 1'^; ;'"^^;,,^J the rates fixed bv law for tliese r<>spective grades: ryoctded, hat tlie .,an e 'paid out of tlV Patent Office Fund, and that the compensation thus paid shall m.t exceed that received by those duly enrolled as examiners and assistant examiners of patents for tlic; same period. AN ACT maldng appropriations for the legislative, &c., expenses.— August 18, 1856. For the preservati..n of th.e collections of the Exploring Expedition. For compensation of keepers and watchmen therefor, and for labor(>rs employed at the rate of four hundred and eighty dollars per anmnn, per art fourtf August, eighteen hundred and fifty-four, three thousand two hundred and ten dollars. For contingent expenses, two hundred dollars. • Sue8ect\cn7,pa2e24. j See scclionM, page 24. [See section 7, page 24. ' i I I 21 AN ACT making appropriations for certaia civil expenses, &c— March 3, 1857. For (IrawingB to illustrate the report of the Commissioner of Patents for tiio year 18;)7, six thousand dollars.* For floorinp^ the basement rooms in the old portion of the Patent Office buidinff to make them lit for business purposes, painting the interior of sajd building, repairing roof, and for other incidental repairs, eight thousand For preparing the saloon of the west wing of the Patent Office for the reception o models for patents, and for litting up and furnishing the same with suitable cases, lifty thousand dollars '' AN ACT making appropriations for sundry civil expenses, &c.- June 12, 1858. For collection of agricultural statistics, investigations for promotin<- ao-ri- culture and rural economy, and the procurement of cuttings and seeds" sixtv thousand dollars: Promch-d, That it shall be the duty of the Commissioner of 1 atents to submit to the Secretary of the Interior, at the commencement ot_ each session of Congress, the invoices of seeds and cuttings purchased with the money hereby appropriated, and, also, a statement of expenses in procuring seeds, cuttings, and information. For drawings to illustrate the mechanical report of the Commissionei of 1 atents lor the year eighteen hundred and fifty-eight, six thousand dollars.f AN ACT providing for keeping and distributing all public documents —February 5, 1859. ^********* Skc. 8. And be it further enacted, That all books, maps, charts, and other publications of every nature whatever heretofore deposited in the Depart- ment of btate according to the laws regulating copyrights, together with all the records of the Department of State in regard to the same shall be removed to, and be under the cuntrol of, the Department of the Interior which IS lierel)y charged with all the duties connected with the same and With ail matters pertaining to copyright, in the same manner and to' the same extent that the Department of State is now charged witli the same- and h-'reafter all such publications of every nature whatever shall under present laws and regulations, be left with and kept by him. AN ACT making appropriations for the legislative, &c., expenses — llarcli 3, 1859. ********* Sec. 4. And he it further enacted, That the Secretary of the Interior bo and he is hereby, directed to cause the annual report of the Commissioner of" 1 atents on mechanics, hereafter to bo made to the Senate and Ibnise of Kei)resentatives, to be prepared and submitted in such manner as that the ])lutes and drawings necessary to illustrate each subject shall be inserted so as to comprise the entire report in one volume not to exceed eight hundred puges. AN ACT making appropriations for sundry civil expenses, &c.— March 3, 1859. For collection of agricultural statistics, investigations for promoting agri- cultuie and rural economy, and the procurement of cuttings and seeds fo"ty thousand dollars: Provided, That no i)art of this appropriation shall bo used or expended in defraying the expenses of any body of men or delegat(;s assembled in Washington or elsewhere as an agricultural congress "r ad- oSeo section 14, page 26. f See section 14, page 26. 22 visory boarrl on agriculture, convonotl under the orders or by authority of the Secretary of tiie Interior or any other person under any name or for any pretended object whatever. For making cases and fitting up rooms in tlie Patent Ofiice building to receive copyriglit books, charts, and otlier copyright matter, and for trans- ferring, arranging, and taking care of the same, thirty-six hundred dollars. AN ACT making appropriations for sundry civil expenses, &c.— June 25, 1860. Sec. 1. For drawings to illustrate the report of the Commissioner of Patents for the year eighteen hundred and sixty, six thousand dollars.* For collection of agricultural statistics, investigations for promoting agriculture and rural economy, and the procurement of cuttings and seeds, sixty thousand dollars: Provided, Jwwever, That in the expenditure of this appropriation, and especially in the selection of cuttings and seeds for dis- tribution, due regard shall be had to the purposes of general cultivation, and the encouragement of the agricultural and rural interests of all parts of the United States: Provided, Tliat no part of this amount shall be expended as a commission, exchange, gift, dividend, or loan, or as compensation for extra services to any clerk, messenger, watchman, or other person already receiving a salary or wages under the government of the United States, nor to any partner, employe, f;r member of the family of any such clerk, mes- senger, watchman, or other person so employed by the United States as aforesaid, and siiould the provisions of this section be violated or any such employe of the United States be detected or be known to sell, exchange, or otherwise dispose of any cutting, seed, (.)r other property arising from this or any previous agricultural appropriation by Congress, every such clerk, messenger, watchman, or other person receiving a salary or wages, as aforesaid, shall be dismissed from office. For expenses of receiving, arranging, and taking care of copyright books, charts, and other copyright matter, one thouKand four hundred dollars. Sec. 5. And be it further enacted, That the Commissioner of Patents is hereby authorized to pay those employed in the Patent Office from April lirst, eighteen Imndred and fifty-five, until April first, eighteen hundred and sixty, as examiners and assistant examiners of patents, at the rates fixed b}' law for these respective grades: Provided, That the same be paid out of the Patent Office Fund, and that the compensation thus paid shall not exceed that received by those duly enrolled as examiners and assistant examiners of pat(mts for the same period. AN ACT to extend the right of appeal from the decisions of circuit courts to the Supreme Court of the United States. Be it enacted by the Senate and Home of Reprefientativeii of the United States of America in Congrcxs asKcmhled, That from all judgments and decrees of any circuit court rendered in any action, suit, controversy, or case, at law or 'in etjuity, arising under any law of the United St; ies granting or C(m- firming to autiiors the exclusive right to their respective writings, or to inventors the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either partj', to the Supreme Court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such circuit courts, without regard to the sum or value in controversy in the action. Approved February 18, 18G1. • See section 14, page 26. I i 28 AN ACT in addition to "An act to promote the p.,re. of the Useful AM. -March 2 18«, establish rules i\n- taki„/X v '« ! f ' ^.'^I'^^'^^ionor of Patents may botoro a„y .justice of tl.o poac or ttroffioer l^'fr^'T "'"^' ''^' t^''^^"" dcpos,tu.ns to be used in he co, rts o^ tl f Unit f «?"'''^ ^^ '""' to take courts of any State where sueh officer sdl^'^ ^^''^r' ''' '" ^''^" '^^ate case pending- in the Patent Offic^rslr 11 bo r' , ';"^ 'V any contested cour o the United States for .4y dis r t or T •!' *'^'' ^''" '^''^ '>^ »"y required, upon the application of Yny Pa tWo lu\'^'''^'' ^'"^^ ''^ ''^ hereby agent or attorney ot" such nartv t "^ ^ ^ , """^'^ contested case, or the Hiding or being ^m^Z! S' i triS^;;;! ^ ^ '"" ^'"•- ^"^ -'^'--^ ^" nesses to appear and testify befcal a n ' tico > tf •'^"'""^^'"^''■"ff «"ol. wit- as aforesaul, residing within the said ^diE t o. T ' r^'"' ''' "t''"' ^^'^'^^ place u, the subpoena to be state,^ and f - v'T' ''••'' "* ^"'^^ ^imo and served with sucli subpoena sh -ill , •/•„:, 7 witness, after being duly poaring, shall refuse t^S^t fy (no behu."?"''-? '^"f•'^"'"•' -•' ^^'■^■'- > rnony,)such refusal or ^^o^^h.ulJZ'^^^^^^^^^ 8-''^''"J? testi- of the court whose clerk slrdl h- n i ^ f'"' «»tisfactiun of an? jud-o t oi-eupon proceed to onfolt ob d ^nc^ ufthe\t T''"""'' "^'^ "J"^^' -- obedience n like manner as any cou t of tl .^* >'^^ ^" '"""'''' '''^" •J'''^" of disobedience to process of .-i'" « « wL ''' ^-^^'*^''' '"^'3' do in case and witnesses in such cases sI^aT b^X S f h " ""' '''"^'^' ^'^' «"^''' ^"'"'t; allowed to witnesses attending he cou^^^f \t r T ri"'^^'"^^*'"'^" '^^^ '« That no witness shall be required to atten-fn V'*^ ^^''^'-''-- ^''-o^'ided, miles from the place where the subr om^o i "^' '''^'"'^ "'"'« ^''^'i forty deposition under this law- i^mUt X t ' ''•"'"' "'^"'^ '"'"^ *« =^'"vo a ff-nltyof contempt for refusing to ditN; J f. '^''"'^:^' '^''^^'' bo deemed owned by him: And provideS^ f^^i^'Z^^ '"T^ '"^'^'"t'^" "'«de or gu.lty of contempt foi disobJving ^'^i^'^!,, '.^ ^'T^^ '^''f ^' J<-'^''"^'d ot this act, unless his fees for S,;2^t ' duvcted to him by virtue tendance at the place of evamirurf.i/T^"''"''!«' *'■"'"' =""' -»c day's t- time of the servi'ce of tL sl^na" '^''" '^''' ^^^'^^ "'• ^-^^^-'-l to him'at the bEc. 2. And be it further en ncU',1 Ti,o+ r ^. uniformity of action in he g mt and nnl'. 1 ' /• TTl''^'' "^ ^'^^"'•'"■'? ^'''^'^ter be appointed by the IVesidcmt v fd w^ ' '"'' ''^^^'"t' tl'o.X' shall Senate, three examiners-in-chic>t' at a an 1 'l'^^"7 T^ ^"""«^'"t "^ the lars each, to be composed of person s ', ^'^ "! ^'"■""' thousand dol- Bcientific ability, wh< se dutv it s ,' i "'^'"1''-'*^""^ leffal knowledge and Plicant for th^t pui^o^'ti g^' ^ V" W^''!"; '"'^''^"^" «^' t''^ validity of decisions made by^ev min, . s u ""i"' determine upon the letters patent; and also to nnM-siVa 1,1 "'" "^^vf' '" *''« ^''^'''t "t" va idity of the decisions of exam lu i ' r" '" ''^^'" '""""^^'- "P"» the quired by the < on^n.issioner i - ,• ' , ^;''"'y,''^'^' ^'^«^'«' ""^ ^vhen re- and to pcaform such other duti s j . ' ' ^"•' t^c extension of patents, n|-H«ioner; that from their decLTions a , • iV'!;T'^''r'VV t''^''" ''y the Com: Bioner of I'atents in person upon n ,vm f V ^ '''•'" *" ^''^^ ^''"""^'«- tbat the sai.l ex^anii, ers-i :cirf s'^JaV ^ n ' 7 !'^''e;nafter prescribed; exan •ners:!n'l!^, ^tS;;f :;;f £i;;^-t - appeal shall be allowed to the a;:jtr--n-i;!;;r'T^ -' -t b. had inu; -r-ll^ai^ -^^^^^^^^ 24 first roiection shall have renewed the oath of invention, as provided for in tlfseS section of the act entitled "An act to promote the progress of the usef 1 arts and to repeal all acts and parts of acts heretof^^re nmde for tint pnrnose " approved July fourth, eighteen hundred and tlnrty-six. that pu. pose ^^Pl " ,^;,,,,^„«,,,rf, TlK^t the salary of the Connn.ssu.ner of Pal'nis from and air the passage of this act ^^fj^^^'^^^^^^ hundred dollars per annum, and the salary of the chiet cleik ot the 1 atcnt Office shall be Lo thousand hve hundred dollars and the salary ot the librarian of the Patent Office shall be eighteen hundred dollars Sec 5 And be it further enacted, That the Co.nmissioner of Patents is authorized to restor/to the respective applicar.ts, or when not removed by til rotherlise dispose of ^ch of the -^^^^^^^^ ^ J^ nlic'itions as he shall not tlnuk necessary to be piebcivecl. l n e same SthoUv is also given in relation to all models acconipany.ng apphcations ?o ?deS,s Ilet further authorized to dispense m luture with models of os,Vn8''wl en the design can be sufficiently represented by a drawing, si 6 S ' t further enacted, That the tenth section of the act ap- moved the third of ilarch, eighteen hundred and thirty-seven, authon.u.g fhe appoiritment of agents for the transportation of models and specimens '^i^^T'^^'t'^fl^^^i^t'r^^^^ the Commissioner is further authorized fom time to time, to appoint, in the manner already provided fc^i by law such an additional' number of principal examiners, first assistan examierl' and second assistant examiners, as may be required to transac Jl^ci^rent business of the office with despatch, provided tl.e whole number of add ti nal examiners shall not exceed four of each class, and that the tot.i a^^nual expenses of tlie Patent Office shall not exceed the annual '^Sfc*8 And he it further enacted. That the Commissioner may require all Dapcrs filed in the Patent Office, if not correctly, legibly, and clearly written, X printed at the cost of the parties filing such papers; and for gross n isconduc he may refuse to recognize any person as a pa ent agent, either ^eSl 01 in any particular case; but the reasons ot the Conwnissioner t^o' such recusal shall be duly recorded, and subject to the approval ot the Pi-psident of the United States. . , . Sfc 9^4 '^ b^ it f^^'tf^'' '''^'^< '^^'''^ "" "^""^y P"\^ ifi^ ^'-.M '"^' application for a patent after the passage of this act shall be withdrawn 0? refunded, nor shall the fee paid on filing a caveat be considered as part of the sum required to be paid on filing a subsequent application for a patent for the same invention. . . , ^ That the three months' notice given to any caveator, in pursiianre ot the remire. ents of the twelfth section of the act of July Imirth, eighteen 3 erid thirty-six, shall be compute d fn.m the day on which such notice is deposi ed in the post office at Washington, with the regular tune lor the traiSnis ion of the same added thereto, which time shall be indorsed on TZ^ and that so much of tl. thirteenth scH^tion o^tl.-^^K..mg.-ess^ •ininoved July fourth, eighteen hundred and thirty-six, as authoi /( ^ tlic n exin- to 1 tters pa ent of the description and specificatwrn oi additional iZrovement s he -eby repealed, and in all cases where additional unprovc- 3Tw lid now be admissible indepen « [nl. ihitants of the United States and those of otlier countries, which shall not St the inhabitants of the United States, are hereby repealed, and in their stead the following rates are established: On filing eacli caveat, ten dollars. 26 fifteen clXr^' "'^'""^' '^PP''-^- ^^ ^ Patont, except for a design On issmufi- each original patent, twenty dollar. do&r^^ appeal f.„,„ .„„ „.a„,i,„„,,ig^-H„ Oo™,i..„„,, ,„„„,^ 1» c...i„ea copies „.■ pa.„,., „„, „.,.„ p„,,„, .,„ ^^„,^ ^^_, ,^^_^^^^^ I'or recording everv aRsi•>" or hsor then- intention to become a citizen ^fr Jf-'' ^»d taken the oath of then- own industry, Genius om\rt^ n ! citizens, who by his he.' or duced any new a/d or^inll So ^n o a?'"''.' ""'^ ^"^^'« >'"-^"ted o pro- other material or materials, and 'nlta? S■':f"?"'■^^^'^'«'''«•• ^f metal or ebef, or composition in a to or So rojior ' ^ ^"'^' «*^^"«' «'• l^'^ss- unprcss.on or ornament, or to be dE nn '' "'^'V'^ "^'"^ '-^"^ «'-iffinal same being formed in niarb e or oth^r Lterk7 '''''''^' of "manufacture? the tern, or pnnt, or picture, to be eit m- wo?W '^ V ' ''"^' "^"^ '^"'^ uselul pat- or painted or cast, or otlierwiso fiv H nn ^ '" ", ""' ^^"iked on. or printed now and original sluape o cSguratk?n o7.?'''''?-f "^^-^""f^cturc'o a„y known or used by others befo e s 'r 1 i^ ^ '"'"^ ''* nianufacture. not thereof, ar.d prior to the time of s' cJ' o t h oT' "'"?"*'"" ^^ P'oduction therefor and who shall desire to «!*''"' V'^^^'''''*'"" ^^'^- ^' Patent therein to make, use, and sell and vom? exclusive property or riffht others, by them to be made used ami sold m'^'' V ''^T '' ^'^' «'"»« 'o to the Commissioner of Pa ents exm-esKr/.r. ^ ^ ?"^^ application in writ ng sioner ondue proceedings had Vnaf'^'n^^^ "^T"'^ ^"^ ^''« ^'onmns" now of application for a pate t, b -^ife'enn ^ftl"* ""'f^""' ""' '» ^''« «'^«e for he tern, of seven years, or f, • the t,^ f f 'T ''"^ one-half years, or applicant n.ay elect in his appi catio IvonW^^'S'r'. ^'"''^'■«' '^^ '''O «^id such appheation sIk^II he for^| e J [^ f/t fo^ -^^^^t t^e fee to be paid in dollars; for seven years, fifteen doll- rs -. 1 ' f- ^'f"*'"' '''"'^ ^'"^ "months, ten And provided, That the pater toes of rl^" to the exteision of thei^c'p'ocU^eSs"'; "/.'*'' ''' '''''' ^' -^titled irom the day on which said pate ts « '^M ' •''' *^^« t^rm of seven years restrictions as are now p^ovicled fbr tlo oL P"''' "P?" ^'^« ^'^^^'^ term^and ^ Skc. 12. And be it /«,?/*«, ,„1"; t^.^^!^'"^" «^ 'otters patent, bo completed and pr/pared f^ etti, • u L' j^ '^.'''*'*^ ^''' P^^^^''^^ ^f-'*" of the petit on. and in default therf tl'" I K *"^° ^''f ^ ""^''- ^''« fil''"^ by the parties thereto, unless it be si ow7t.> hi ^V'^^'!^^^ ^s abandoned sioner of Patents that such d4 y wT n iv n'M'^^^'^r J!^' *''^ ^'<^^^^^ "ow pending shall be treated a^n'TlcHl ate ■'' ' ' applications all applications for the tho Pvf,.V, ; V ^''^ passage of this act- 'ind oU,.e ca»o .,aU ,„ V