RULES AND DIRECTIONS 
 
 POR 
 
 JP K (> C K K D 1 N Gh 8 
 
 IN THE 
 
 CONFEDERATE STATES 
 
 PATENT OFFK K 
 
 RICH M 2S J) : 
 l-NqaiRER BOOK AND JOB PRESS. 
 
 FT TTt.BR, WISK, ALLRQltK * awiTR. 
 
 1S61. j 
 
IIULES AND DIRECTIONS 
 
 FOR 
 
 FROCEEDIISTG^S 
 
 IN THE 
 
 CONFEDERiTE STATES 
 
 PATENT OFFICE. 
 
 RICHMOND: 
 
 ENQUIRER BOOK AND JOB PRESS. 
 
 BY TYLER, WISE, ALLEQRE i SUITH. 
 1S61. 
 
U.K. 
 
 IIULES AND DIRECTIONS. 
 
 The followinf]^ information and re f]^ illations are 
 mainly intended for the benefit of persons having 
 business with the Patent Office. They are designed 
 to be in strict accordance with the act of Congress 
 of May 21st, 1861 : 
 
 WHO IS ENTITLED TO A PATENT. 
 
 1. Any citizen of the Confederate States, or alien, 
 provided the Government of the latter has recognized 
 the independence of the Confederate States, and is 
 at the time in amity with them, may obtain a patent 
 for any invention or improvement made by him that 
 is new and useful. 
 
 2. The assignee of any invention may have the 
 patent issue to him directly ; but this is held to apply 
 only to assigness of entire interests ; so that although 
 when the inventor assigns his entire interest to two 
 or more a patent will issue to them jointly, still if 
 he yet retains a portion in himself, a joint patent 
 .will not be issued to him and them. 
 
 3. In case of the death of the inventor, the patent 
 will issue to his legal representives. (Sec. 9.) 
 
4. Joint inventors are entitled to a joint patent ; 
 but neither can claim one separately. 
 
 5. If the inventor be a slave, his master may 
 make the oath in his stead ; and, on complying with 
 the requisites of the law, may obtain a patent. 
 
 OF PATENTS GRANTED BY TILE UNITED STATES. 
 
 6. Patents granted to citizens of the Confederate 
 States by the United States, prior to the 21st of May, 
 1861, may be revived and continued in force for the 
 term for which they were issued yet unexpired, by 
 having them recorded in this office within nine months 
 from the publication of the patent law, namely : the 
 28th day of May, 1861. (Sec. 49.) 
 
 The holders of such patents are, however, required, 
 in order to entitle themselves to the benefit of this 
 section of the law, to pay a duty of twenty dollars, 
 the cost of recording, at the rate of ten cents per 
 every hundred words, and to deposit such descriptive 
 drawings, and a model also, if necessary, as will ex- 
 plain and identify the inventions covered by the pa- 
 tent. 
 
 The drawing should be a copy of that annexed to 
 the patent, and on thick drawing paper. 
 
 It must be understood that this provision of the 
 law does not apply to patents that have been extended 
 beyond the term of fourteen years by the United 
 
States Government. An extended patent cannot be 
 revived. 
 
 It is recommended to those who desire to revive 
 their patents, that no time be lost in fulfilling the 
 conditions above indicated. 
 
 As soon as they are recorded, the patents placed 
 in this office for that purpose will be returned to the 
 owners thereof, certified as the law directs. 
 
 WHAT WILL PREVENT THE GRANT OF A 
 PATENT. 
 
 7. Even although the applicant has, in good faith, 
 actually made an invention, a patent therefor will 
 not be granted him, if the whole or any part of what 
 he claims as new had before been patented or described 
 in any printed publication in this or any foreign 
 country ; or even if it had before been invented or 
 discovered in this country ; or if he has once aban- 
 doned his invention to the public ; or if with his 
 consent and allowance, it has been for more than 
 two years in public use or on sale. (Sees. 6 and 7.) 
 
 8. The mere fact of prior invention or discovery 
 abroad will not prevent the issue of the patent, un- 
 less the invention had been there patented or de- 
 scribed in some printed publication ; nor will the 
 procurement of a patent by any individual in a for- 
 eign country and the publication of the same, defeat 
 
 ti /\0 <^ ri A 
 
his application for a patent in this country, if his 
 specifications and drawings shall be filed within six 
 months after the date of said foreign patent. — 
 (Sec. 8.) 
 MODE OF PROCEEDINGS TO OBTAIN A PATENT. 
 
 9. The application must be made by the actual 
 inventor, if alive — unless he be a slave — even 
 though the patent is to issue to the asignee ; but 
 where the inventor is dead, the application and 
 oath may be made by the legal representive. — 
 (Sec. 9.) 
 
 10. The application must be in writing, signed 
 by the applicant, and addressed to the Commission- 
 er of Patents. 
 
 The following, varied according to circumstances, 
 will answer the purpose. 
 
 PETITION. 
 To the Commissioner of Patents : 
 
 The petition of John Smith, of Mobile, county of 
 Mobile, and State of Alabama, 
 
 Respectfully rej^resents^ that your petitioner has in- 
 vented a new and improved mode of preserving 
 meats, which he verily believes has not been known 
 or used prior to the invention thereof by your peti- 
 tioner. He therefore prays that letters patent of 
 
the Confederate States may be granted to him there- 
 for, vesting in him and his legal representatives the 
 exclusive right to the same, upon the terms and con- 
 ditions expressed in the act of Congress, in that 
 case made and provided ; he having paid twenty dol- 
 lars into the Treasury, and complied with the other 
 provisions of said act. John Smith. 
 
 SPECIFICATION. 
 
 11. The applicant must set forth in his specifica- 
 tion the precise invention for which he claims a pa- 
 tent. If claimed as a mere improvement on another 
 invention, that fact should be clearly stated ; and if 
 claimed as substantially differing from another in- 
 vention with wdiich it appears to be coincident, the 
 difference must be clearly pointed out. 
 
 12. Two or more machines will not be allowed to 
 be the subject of one patent, unless connected in 
 their design and operation. 
 
 13. The specifications must be signed by the in- 
 ventor (or by his executor or administrator^ if the 
 inventor be dead, or by his master if he be a slave). 
 It should describe the sections of the drawings — 
 where there are drawings — and refer by letters and 
 figures to the different parts. The following may 
 be taken as a proper form : 
 
To all whom it may concern : 
 
 Be it known, That I, James Jones, of Richmond, 
 in the county of Henrico, in the State of Virginia, 
 have invented a new and improved mode of prevent- 
 ing the explosion of steam boilers ; and I do hereby 
 declare that the following is a full and exact descrip- 
 tion thereof, reference being had to the accompany- 
 ing drawings, which make a part hereof, and to 
 the letters of reference marked thereon. The na- 
 ture of my invention consists in providing the 
 upper part of a steam boiler with an aperture in 
 addition to that for the safety valve ; which aper- 
 ture is to be closed by a plug or disk of alloy, which 
 will fuse at any given degree of heat, and permit 
 the steam to escape, should the safety valve fail to 
 perform its functions. 
 
 To enable others skilled in the art to make and 
 use my invention, I will proceed to describe its 
 construction and operation. I construct my boiler 
 in any of the usual forms, and apply thereto gauge 
 cocks, a safety valve, and the other appendages of 
 such boilers; but in order to obviate the danger 
 arising from the adhesion of the safety valve, and 
 from other causes, 1 make a second opening in the 
 top of the boiler, similar to that made for the safety 
 valve, as shown at A, in tke accompanying draw- 
 
9 
 
 ing ; and m this opening I insert a plug or disk of 
 fusible alloy, securing it in its place by a metal 
 ring and screws, or otherwise. This fusible metal 
 I in general compose of a mixture of lead, tin and 
 bismuth, in such proportions as will insure its melt- 
 ing at a given temperature, which must be that to 
 which it is intended to limit the steam ; and will 
 of course vary with the pressure the boiler is in- 
 tended to sustain. 
 
 I surround the opening containing the fusible al- 
 loy by a tube B, intended to conduct off any steam 
 that may be discharged therefrom. When the tem- 
 perature of the steam in the boiler rises to its as- 
 signed limit, the fusible alloy will melt and allow 
 the steam to escape freely, thereby securing the 
 boiler from all danger of explosion. What I claim 
 as my invention, and desire to secure by letters pa- 
 tent, is the application to steam boilers of a fusible 
 alloy, which will melt at a given temperature, and 
 allow the steam to escape, as herein described, 
 using for that purpose the aforesaid metalic com- 
 pound, or any other substantially the same, and 
 which will produce the intended effect. 
 
 James Jones. 
 Witnesses : 
 
 RoBT. Fulton. 
 Oliver Evans. 
 
10 
 
 When the application is for a machine, the speci- 
 fication should commence thus : 
 
 Be it known, That I, , of 
 
 in the county of 
 and State of , have invented a 
 
 new and useful machine for (state the use and title, 
 of the machine ; and if the application is for an im- 
 provement, it should read thus : a new and useful 
 improvement on a, or on the machine, &c., &c.,) : and 
 I do hereby declare that the following is a full, clear 
 and exact description of the construction and opera- 
 tion of the same, reference being had to the annexed 
 drawings, making a part of this specification, in 
 which figure 1 is a perspective view ; figure 2, a 
 longitudinal elevation ; figure 3, a tranverse sec- 
 tion, &c. (Describe all the sections of the drawings, 
 and then refer to the parts by letters.) Then fol- 
 lows the description of the construction and opera- 
 tion of the machine. And lastly, make the claim, 
 which should express the nature and character of 
 the invention, and identify the parts claimed sepa- 
 rately or in combination. If the specification is 
 for an improvement, the original invention should be 
 disclaimed,and the claim confined to the improvement. 
 
 14. The specification must be signed by the in- 
 ventor, and attested by two witnesses. (Sec. 6.) 
 
11 
 
 15. The applicant must then make oath or affir- 
 mation substantially as follows : 
 
 OATH. 
 •City and county of Mobile, State of Alabama, ss : 
 
 On this day of 186 , 
 
 before me, the subscriber, a , per- 
 
 sonally appeared the within named Amos Appleton, 
 and made solemn oath (or affirmation) that he verily 
 believes himself to be the original and first invent- 
 or of the mode herein described for preventing the 
 decay of wood, and that he does not know or believe 
 the. same was ever before known or used ; and that 
 he is a citizen of the Confederate States of America, 
 
 (Signed) C S^^^ — , 
 
 Justice of the Peace. 
 
 16. The oath may be taken before any person 
 authorized by law to administer oaths. 
 
 17. When the oath is taken in a foreign country^ 
 it may be taken before any minister plenipotentiary^ 
 charge d'affaires, consul or commercial agent hold- 
 ing commission under the government of the Con- 
 federate States, or before any notary public of the 
 country in which the oath is taken, being attested 
 in all cases by the proper official seal ; and provided 
 always the foreign state in which the oath is taken 
 shall have recognized the independence of the Con- 
 
12 
 
 federate States, and shall be at the time in amity 
 with them. (Sec. 31.) 
 
 DRAWINGS AND MODEL. 
 
 18. The drawings required by law, (Sec 6) should 
 generally be in perspective. Such parts as cannot 
 be shown in perspective must, if described, be repre- 
 sented in plans, sections or details. 
 
 19. Duplicate drawings are required. They 
 should be neatly executed on sheets separate from 
 the other papers — from sixteen to eighteen inches 
 from top to bottom, and not less than thirteen across, 
 nor more than twenty-five, unless more space is ne- 
 cessary to exhibit the device or machine with clear- 
 ness. One of these drawings, which is to be kept 
 in the office for reference, should be on stifi* drawing 
 paper. The other, which is to be attached to the 
 patent, should have a margin of at least one inch 
 for that purpose on the right hand side, and should 
 be on some material that will bear folding and trans- 
 portation. Each part should be distinguished by 
 the same number or letter, wherever that part is de- 
 lineated in the drawings, and should be referred to 
 in the specification by such number or letter. These 
 drawings should be signed by the applicant, and at- 
 itestcd by two witnesses. 
 
 i2(). The model must be neatly and substantially' 
 made of durable material, and not more than one 
 
 I 
 
13 
 
 foot in length or height, except where a larger mo- 
 del is permitted, for special reasons, to be shown by 
 the applicant. Models filed as exhibits, in interfe- 
 rence and other cases, should also, if practicable, 
 conform to this rule as to size. Should they exceed 
 this limit, they will not be preserved in the office 
 after the termination of the case to which they be- 
 long. If made of pine or other soft wood, they 
 should be painted, stained or varnished. A work- 
 ing model is always desirable, in order to enable the 
 office fully and readily to understand the precise 
 operation of the machine. The name of the inven- 
 tor, and also of the assignee (if assigned), must be 
 fixed upon it in a permanent manner. 
 
 A model will be required in all cases which ad- 
 mit of a representation by model, unless the applica- 
 tion is for a design. (Sec. 6.) 
 
 21. When the invention is of a composition of 
 matter, a specimen of the ingredients and of the 
 composition which the law requires, (Sec. 6,) must 
 accompany the application, and the name of the in- 
 ventor and assignee (if there be one) must be per- 
 manently affixed thereto. 
 
 22. Models or specimens forwarded without a 
 name, are liable to be lost or mislaid, as they cannot 
 be entered upon the record. 
 
14 
 
 23. No application can be examined^ nor can the case 
 he placed upon the files for examination, until the fee 
 is paid, and the specification, petition, oath, drawings, 
 and model or specimen (when required) are filed. 
 
 24. The following persons are appointed agents 
 to receive all moneys to be paid into the office, on 
 applications for patents or otherwise : 
 
 The Assistant Treasurers of the Confederate States. 
 The Collector of the port of Mobile, Alabama. 
 The Collector of the port of Savannah, Ga. 
 The Collector of the port of Wilmington, N. C. 
 
 25. Models, specimens, and every other thing per- 
 taining to applications for patents, must be forward- 
 ed at the expense of the applicant. The cost of 
 transportation end the postage will in no case be de- 
 frayed by the office. 
 
 OF THE EXAMINATION. 
 
 2G. Applications will be examined and disposed 
 of, as far as practicable, in the order in which they 
 are completed. When, however, an invention is 
 ■deemed of peculiar importance to some branch of 
 the public service, and when for that reason the head 
 of a department of the Government specially re- 
 quests immediate action, the case will be taken up 
 out of its order. 
 
 27. A specification cannot be amended in any 
 
15 
 
 material part, unless there is something to amend 
 by — that is to say, it can only be so amended as to 
 cause it to correspond with the drawing or model. — 
 A similar rule will be enforced in regard to amend- 
 ments of the drawings or model. 
 
 28. The personal attendance of the applicant at 
 the patent office is unnecessary. The business can 
 be done by correspondence or by attorney. But no 
 person will be recognized as an attorney until he 
 files in this office a power of attorney from the appli- 
 cant he wishes to represent. All correspondence 
 must be addressed to the Commissioner. 
 
 29. When an application has been finally decided, 
 the office will retain the original papers, furnishing 
 the applicant copies — if he desires them — at the rate 
 of 10 cents the hundred words. 
 
 30. If a patent is granted, it will be transmitted 
 to the patentee or his agent, in case he has a full 
 power of attorney authorizing him to receive it. 
 RETAINING PATENTS IN THE SECRET ARCHIVES. 
 
 31. No application upon which a patent has been, 
 ordered to issue, shall be retained in the secret ar- 
 chives of the office more than six months from the 
 day on which the patent was ordered to issue. The 
 request to have the patent placed in the secret ar- 
 chives must in all cases be made by the patentee or 
 
16 
 
 the assignees of all the interest therein, in writing, 
 and filed with the Chief Clerk, before the patent shall 
 be recorded. On like request and the payment of 
 the fee by any applicant, his specification and draw- 
 ings will be filed in the secret archives of the office 
 until he shall furnish the model and the patent be 
 issued, not exceeding, however, the term of two 
 years, the applicant being entitled to notice of in- 
 terfering applications. (Sec. 8.) 
 
 OF APPEALS. 
 
 32. After a case has been once rejected, the ap- 
 plicant may have a second examination by renewing 
 his oath, either with or without an alteration of 
 his specification. But such alteration must be in 
 accordance with rule 27. 
 
 33. After a second rejection, the applicant may 
 bring the case before the Commissioner in person, 
 and if still dissatisfied, may appeal to the Attorney 
 Greneral. 
 
 34. The mode of appeal will be by giving notice 
 thereof to the Commissioner, filing in the Patent 
 Office, within such time as the Commissioner shall ap- 
 point, the reasons of appeal, and paying to the Com- 
 missioner the sum of twenty-five dollars. (Sec. 7.) 
 
17 
 
 OF INTERFERENCES. 
 
 35. When two or more persons claim to be the 
 first inventors of the same thing, an "interference" 
 will be declared between them, and a trial be had 
 before the Commissioner. Nor will the fact that 
 one of the parties has already obtained a patent, 
 prevent such an interference. For although the 
 Commissioner has no power to cancel a patent al- 
 ready issued, he may, if he finds that another person 
 was the prior inventor, give him also a patent, and 
 thus place them on an equal footing before the 
 courts and the public. (Sec. 8.) 
 
 36. Upon the declaration of an interference a day 
 will be fixed for closing the testimony, and a further 
 day fixed for the hearing of the cause. Previous to 
 this latter day the arguments of counsel must be 
 filed, if at all. 
 
 37. If either party shall wish a postponement of 
 either the day for closing the testimony or the day 
 of hearing, he must before the day he thus seeks to 
 postpone has passed, show by" affidavit a sufficient 
 cause for such postponement. 
 
 OF REISSUES. 
 
 38. A reissue will be granted to the original pa- 
 tentee, his heirs or assigns, when by reason of an 
 insufficient or defective specification, the patent is 
 
 2 
 
18 
 
 invalid, provided the error has arisen from inadver- 
 tence, accident or mistake, without any fraudulent 
 or deceptive intention. (Sec. 12.) 
 
 39. Whatever is really embraced in the original 
 invention, and so described or shown that it might 
 have been embraced in the original patent, may be 
 the subject of a reissue. 
 
 40. The reissued patent expires at the time the 
 original patent would have expired. For this reason 
 such applications will be acted upon as soon as they 
 are completed. 
 
 41. In all cases of applications for reissues, the 
 original claim is subject to re-examination, and may 
 be revised and restricted in the same manner as ori- 
 ginal applications. (Sec. 20.) 
 
 42. But in all such cases, after the action of the 
 office shall have been made known to the applicant, 
 if he prefers the patent originally granted to that 
 which will be allowed by the decision of the office, 
 he will have the privilege of abandoning the latter 
 and retaining the old patent. 
 
 43. The following is an appropriate form of appli- 
 cation for a reissue : 
 
 SURRENDER OF A PATENT FOR REISSUE. 
 To the Commissioner of Patents : 
 
 The petition of Samuel Prague, of Jackson,. in the 
 county of Hinds, and State of Mississippi, I 
 
 I 
 
19 
 
 Respectfully represents, That he did obtain letters 
 patent of the Confederate States for an improvement 
 in railroad chairs ; which letters patent are dated on 
 the first day of August, 1861 ; that he now believes 
 the same to be inoperative and invalid, by reason of 
 a defective specification, which defect arose from in- 
 advertence and mistake. He therefore prays he may 
 be allowed to surrender the same, and requests that 
 new letters patent may issue to him for the same in- 
 vention for the residue of the period for which the 
 original patent was granted, under the amended spe- 
 cification herewith presented, he having paid twenty 
 dollars into the Treasury of the Confederate States, 
 agreeably to the requirements of the act of Congress 
 in that case made and provided. 
 
 Samuel Prague. 
 
 FORM OF OATH TO BE APPENDED TO APPLI- 
 CATIONS FOR REISSUES. 
 
 City of Jackson, County of Hinds, 
 
 and State of Mississippi, ss : 
 On this day of 
 
 186 , before the subscriber, a , per- 
 
 sonally appeared the above named Samuel Prague, 
 and made solemn oath (or affirmation) that he V3rily 
 believes that by reason of an insufficient or defective 
 specification, his aforesaid patent is not fully valid 
 
20 
 
 and available to him, and that ths said error has 
 arisen from accident, inadvertence or mistake, and 
 without any fraudulent or deceptive intention, to the 
 best of his knowledge and belief. 
 Signed, 
 
 OF DISCLAIMERS. 
 
 44. Where, by inadvertence, accident or mistake, 
 the original patent is too broad, a disclaimer may be 
 filed either by the original patentee or by any of his 
 assignees. (Sec. 19.) 
 
 45. The following is a sufficient form for a dis- 
 claimer : 
 
 To the Commissioner of Patents : 
 
 The petition of Alfred Lewis of Pas- 
 cagoula in the county of Jackson, State of Missis- 
 sippi, 
 
 Respectfully represents, That he has, by assignment, 
 duly recorded in the patent office, become the owned 
 of a right for the State of Mississippi, to certain 
 improvements in the steam engine, for which letters 
 patent of the Confederate States were granted to 
 Hilaire Krebs, of the town, county and State afore- 
 said, dated on the first of August, 1861 ; thathehaj 
 reason to believe, that through inadvertence and mis 
 
21 
 
 take, the claim made in the specification of said let- 
 ters patent is too broad, including that of which the 
 said patentee was not the first inventor. Your pe- 
 titioner therefore hereby enters his disclaimer to that 
 part of the claim in the aforenamed specification, 
 which is in the following words, to-wit : *' I also 
 claim the particular manner in which the piston of 
 the above described engine is constructed, so as 
 to insure the close fitting of the packing thereof to 
 the cylinder, as set forth; which disclaimer is to 
 operate te the extent of the interest in said letters 
 patent vested in your petitioner, who has paid ten 
 dollars into the Treasury of the Confederate States, 
 agreeably to the requirements of the act of Congress 
 in that case made and provided. 
 
 Alfred Lewis. 
 
 When the disclaimer is made by the original pa- 
 tentee, it must be so worded as to express that fact. 
 OF DESIGNS. 
 
 46. In making an application for a patent for a 
 design, the same course is to be pursued as in case 
 of an application for patenting a machine ; but it 
 may be for a term of three and one-half years, the 
 fee being ten dollars ; or for a term of seven years, 
 the fee being fifteen dollars ; or for a term of four- 
 teen years, the fee being twenty dollars. If the de- 
 
22 
 
 sign can be sufficiently represented by a drawing, 
 no model is requisite in making an application for a 
 patent therefor. 
 
 47. The following, or equivalent forms, will be 
 sufficient in applications for designs : 
 FORM OF APPLICATION. 
 
 The petition of Sylvester Churchill, of New Or- 
 leans, in the parish of Orleans and State of Louisiana, 
 
 Respectfully represents, that your petitioner has pro- 
 duced or invented a new and original design for a 
 composition in alto-relievo (or for a bust, statue or 
 bass-relief or other thing, as the case may be,) which - 
 he verily believes has not been known prior to the 
 production thereof by your petitioner. He therefore 
 prays that letters patent of the Confederate States 
 for the term of years, may be granted to 
 
 him therefor, vesting in him and his legal represen- 
 tatives the exclusive right to the same, upon the con- 
 ditions expressed in the act of Congress in that case 
 made and provided, he having paid 
 dollars into the Treasury, and complied with the. 
 other provisions of said act. 
 
 Sylvester Churchill. 
 FORM OF SPECIFICATION. 
 To all whom it may concern : 
 
 Be it known, That I, Sylvester Churchill, of the 
 
I 
 
 23 
 
 city of New Orleans, in the parish of Orleans, and 
 State of Louisiana, have produced or invented a 
 new and original design for ; and I 
 
 do hereby declare, that the following is a full and 
 exact description of the same. 
 
 [ Here folloAVS a description of the design, with 
 reference to the specimen or drawing, the specifi- 
 cation to conclude with declaring what the inventor 
 claims.] 
 
 Sylvester Churchill. 
 Witnesses : 
 
 Hannon Jones. 
 
 Wm. Elder. 
 
 FORM OF OATH. 
 
 City of New Orleans, 
 
 Parish of Orleans, State cf Louisiana, ss: 
 
 On this day of 186 , before the 
 
 subscriber, a , personally ap- 
 
 peared the within named Sylvester Churchill, and 
 made oath (or affirmation) that he verily believes 
 himself to be the original and first producer or in- 
 ventor of the design for , and 
 that he does not know or believe that the same was 
 ever before known or used, and that he is a citizen 
 of the Confederate States. 
 
24 
 
 OF FOREIGN PATENTS. 
 
 48. The taking out a patent in a foreign country 
 ■will not prejudice a patent previously obtained here. 
 
 49. Where a patent is applied for here, after the 
 same invention has been patented abroad, it will ex- 
 tend only fourteen years from the date of the foreign 
 patent. For this reason, such cases will be acted 
 upon out of their order, and as soon as the applica- 
 tion is completed. 
 
 50. Where an applicant seeks to make his a pre- 
 ferred case, in consequence of his having obtained a 
 foreign patent, he should temporarily file in the office 
 the patent so obtained, with the specifications (pro- 
 visional or complete) attached, or an authenticated 
 copy of them. But where such papers or copies 
 cannot be conveniently furnished, it will be sufficient 
 if the reasons of such inability be set forth by affi- 
 davit, and also the fact that a foreign patent has ac- 
 tually been obtained, giving its date, and showing 
 clearly that the invention so patented covers the 
 whole ground of his application here. 
 
 OF CAVEATS. 
 
 51. Any citizen can file a caveat in the secret ar- 
 chives of the office ; and if at any time within one 
 year thereafter, another person applies for a patent 
 for the same invention, the caveator will be entitled 
 
25 
 
 to notice to complete his application, and to go intD 
 interference with the applicant for the purpose of 
 proving priority of invention and obtaining the pa- 
 tent, if that fact be established. (Sec. 1 1.) 
 
 52. The caveator will not be entitled to notice of 
 any application pending at the time of filing his 
 caveat, nor of any application filed after the expira- 
 tion of one year from the date of filing his caveat, 
 unless he renews his caveat at the end of one year, 
 by paying a second caveat fee. This will continue 
 his caveat in full force for one year longer, and so on 
 from year to year, as long as the caveator desires. 
 
 53. A caveat need not contain as particular a de- 
 scription of the invention as is requisite in a specifi- 
 cation ; but still the description should be sufficiently 
 precise to enable the office to judge whether there is 
 a probable interference when a subsequent applica- 
 tion is made. 
 
 54. Caveat papers cannot be withdrawn from the 
 office, nor undergo alteration after they have been 
 filed; but additional papers relative to the invention 
 may be appended to the caveat, (their date being 
 noted,) provided they are merely amendatory of the 
 original caveat. 
 
 55. In the case of supplementary papers to any 
 original caveat, the right to notice in regard to the. 
 
26 
 
 subject of those papers expires with the caveat; 
 and any additional papers not relating to the in- 
 vention to which the caveat refers, will receive no 
 notice. 
 
 5Q. The caveator, or any other person properly 
 authorized by him, can at any time obtain copies of 
 the caveat papers at the usual rate. 
 
 57. The caveat should be accompanied by a 
 drawing or sketch of the invention. 
 
 58. The caveat fee cannot be applied to the appli- 
 cation when completed. (Sec. 39.) 
 
 59. The following w^ill give a general idea of the 
 proper form of a caveat : 
 
 To the Commissioner of Patents : 
 
 The petition of John McRae, of Enterprise, in 
 the county of Clark, and State of Mississippi, 
 
 Respectfully represents^ That he has made certain 
 improvements in the mode of constructing steam 
 boilers, and that he is now engaged in experiments 
 for the purpose of perfecting the same, preparatory 
 to his applying for letters patent therefor. He 
 therefore prays that the subjoined description of his 
 invention may be filed as a caveat in the secret ar- 
 chives of the patent office, agreeably to the provi- 
 sions of the act of Congress in that case made and 
 provided, he having paid ten dollars into the Trea- 
 
27 
 
 sury of the Confederate States, and otherwise com- 
 plied with the requirements of the said act. 
 
 John McRae. 
 Enterprise, July \st, 1861. 
 
 Annexed should be a description of the general 
 principles of the invention, so far as it has been 
 completed. 
 
 OF THE REPAYMENT OF MONEY. 
 
 60. Money paid by actual mistake will be refunded ; 
 but a mere change of purpose after the payment has 
 been made will not enable the person to obtain his 
 money and withdraw his papers. 
 
 OF ASSIGNMENTS. 
 
 61. An inventor can assign his entire right before 
 a patent is obtained, so as to enable the assignee to 
 take out the patent in his own name ; but the assign- 
 ment must first be recorded, and the specifications 
 sworn to by the inventor. 
 
 62. After a patent is obtained, the patentee may 
 assign the right to make or use the thing patented in 
 any specified portion of the Confederate States 
 (sec. 10) ; but no assignment to specified portions of 
 the Confederate States, made prior to obtaining the- 
 patent, will enable the assignees to take out the pa- 
 tent in their names. 
 
28 
 
 63. Every assignment should be recorded within 
 three months from its date. 
 
 64. When the patent is to issue to the assignee, 
 the entire correspondence shouki be in his name. 
 
 65. The receipt of assignments will not be ac- 
 knowledged by the office. They will be recorded in 
 their turn as soon as possible after they are received, 
 and sent to the persons entitled to them. 
 
 66. An assignment of a patent granted by the 
 United States, whether of the entire or of a partial 
 interest,bonafide made before the fourth of February, 
 1861, to a citizen of the Confederate States, or of 
 the States of North Carolina and Tennessee, will 
 continue the patent, or such interest therein as is as- 
 signed, in full force far the term for which it was 
 issued yet unexpired, on certain conditions. These 
 conditions are, that such assignment shall be recorded 
 in this office ; that a descriptive drawing (and model, 
 if necessrry,) sufficient to explain and identify the 
 subject matter of the patent to which the assignment 
 refers, shall be deposited in the office ; and that a 
 duty of twenty dollars, together with the cost of re- 
 cording the papers, shall be paid by the assignee 
 within nine months from the 28th of May, 1861. 
 
 67. Form of an assignment of the entire interest 
 
29 
 
 in letters patent before obtaining the same, and to 
 be recorded preparatory thereto : 
 
 Whereas I, John Doe, of in the 
 
 county of and State of 
 
 have invented certain new and useful improvements 
 in plows, for which I am about to make applica- 
 tion for letters patent of the Confederate States : 
 and whereas George Davis, of in the 
 
 county of in State of 
 
 has agreed to purchase from me all the right, title 
 and interest which I have or may have in and to the 
 said invention, in consequence of the grant of let- 
 ters patent therefor, and has paid to me, the said John 
 Doe, the sum of ten thousand dollars, the receipt of 
 which is hereby acknowledged : 
 
 Now, this indenture witnesseth, that for and in 
 consideration of said sum to me paid, I have assigned 
 and transferred, and do hereby assign and transfer 
 to the said George Davis the full and exclusive right 
 to all the improvements made by me, as fully set 
 forth and described in the specification which I have 
 prepared and executed preparatory to obtaining let- 
 ters patent therefor. And I do hereby authorize 
 and request the Commissioner of Patents to issue the 
 said letters patent to the said George Davis, as the 
 assignee of my whole right and title thereto, for the 
 
30 
 
 sole use and behoof of said George Davis, and his 
 legal representatives. 
 
 In testimony whereof, I have hereunto set my 
 hand and ajffixed my seal this first day of December. 
 1861. 
 
 John Doe. [Seal.] 
 Sealed and delivered in 
 presence of 
 
 Richard Fox. 
 Stephen Fry. 
 
 The above form can easily be changed, if only a 
 partial right in a patent be assigned and not the 
 whole interest. 
 
 OF THE OFFICE FEES, AND HOW PAYABLE. 
 
 68. Nearly all the fees payable to the patent 
 office are positively required by law to be paid in 
 advance. For the sake of uniformity and conve- 
 nience, the remaining fees will be required to be 
 paid in the same manner — that is to say, before the 
 labor is performed for which they are to be received 
 in payment. 
 
 The following is the tariff of fees established by 
 law. No discrimination is made as between the 
 citizens of the Confederate States and aliens, when 
 the governments of the latter make no discrimina- 
 
• 31 
 
 tion against our citizens, have recognized our inde- 
 pendence, and arc in amity with us : 
 
 On filing every caveat, _ _ _ $10 00 
 
 On filing each original application for a pa- 
 tent, except for a design, - - - 
 
 On issuing each original patent, 
 
 On ever}'^ appeal to the attorney general, 
 
 On special applications for the reissue of a 
 patent, as provided for in sections 12 and 
 17 of the law, _ . _ . 
 
 On other applications for the reissue of a pa- 
 tent, if there be such, - . _ 
 
 On filing an application for a patent for a de- 
 sign, for the term of three and one-half 
 years, _ _ - - - 
 
 On filing an application for a patent for a de- 
 sign, for the term of seven years, - 
 
 On filing an application for a patent for a de- 
 sign, for the term of fourteen years, 
 
 On filing each disclaimer, _ - - 
 
 For revalidating or reviving patents granted 
 by the United States to citizens of this 
 Confederacy, _ _ _ _ 
 
 For recording such patents, per hundred 
 words, ----- 
 
 For certified copies of patents and other pa- 
 pers, per hundred words, - - - 
 
 For recording every assignment, agreement, 
 power of attorney, and other papers of 
 three hundred words or under, - - 1 00 
 
 For recording every assignment and other 
 
 20 
 
 00 
 
 20 00 
 
 25 
 
 00 
 
 20 
 
 00 
 
 30 
 
 00 
 
 10 00 
 
 15 
 
 00 
 
 20 
 
 00 
 
 10 00 
 
 20 00 
 
 
 
 10 
 
 
 
 10 
 
paper, over three hundred words and un- 
 der one thousand words, - - - 2 00 
 
 For recording every assignment and other 
 
 writing, if over one thousand words, - 3 00 
 
 For copies of drawings, the reasonable cost 
 of making the same. 
 
 69. The office having no franking privilege, appli- 
 cants must remit a sum of money to pay for post- 
 age — for distances under 500 miles, one dollar ; over 
 500 miles, two dollars. (Act August 30, 1861.) 
 
 70. It is recommended that the money for the 
 payment of fees be deposited with the public officers 
 •designated in a previous article, the applicant taking a 
 certificate and remitting the same to this office. When 
 this cannot be done without inconvenience, the mo- 
 ney may be remitted by express or by mail, at the 
 risk and cost of the owner ; and in every instance the 
 letter accompanying the money should state the ex- 
 act amount enclosed. 
 
 71. In case of deposit made with the assistant 
 treasurers, or other persons authorized to receive 
 the money, a duplicate receipt should be taken, 
 •stating by whom the payment was made, and for 
 what purpose. 
 
 The certificate of deposit may be made in the fol- 
 lowing form : 
 
33 
 Office of the 
 
 The Treasurer of the Confederate States has cre- 
 dit at this oflBce for dollars 
 deposited by of the town of 
 in the county of and State of 
 the same being the fee in an application for a patent 
 for an improvement in churns, (or whatever the thing 
 may be), made (or to be made) by said 
 
 A B . 
 
 Persons depositing money in this way, must for- 
 ward the receipt or certificate to this office as evi- 
 dence thereof. Bank notes or checks cannot be 
 received. 
 
 72. All money sent by mail from this office Avill 
 be at the risk of the owner. In no case should mo- 
 ney be sent enclosed with models. 
 
 73. All payments to and by this office must be 
 made in specie, or Confederate States Treasury 
 Notes. 
 
 TAKING AND TRANSMITTING MONEY, ETC. 
 
 74. Section 34 of the act requires the clerks of 
 the courts of the Confederate States for any district 
 or territory, on the application of any party to an 
 interference in the patent office, or his attorney, to 
 
' 34 
 
 issue subpoenas for any witness residing or being 
 Tvithin said district or territory, commanding such 
 T\-itncss to appear and testify before any justice of 
 the peace or other officer authorized by law to take 
 depositions ; and the judge of the court whose clerk 
 shall issue such subpoena, is empowered and directed 
 to enforce obedience to the process. Eut no witness 
 can be required to attend at any place more than 
 forty miles from the place w^here the subpoena shall 
 be served upon him, nor unless his fees for going to, 
 returning from, and one day's attendance at the place 
 of examination, shall be paid or tendered to him at 
 the time of the service of the subpoena ; nor can a 
 witness be required to disclose any secret invention 
 made or owned by him. (Sec. 34.) 
 
 75. In contested cases, the following rules have 
 been established for taking and transmitting evi- 
 dence : 
 
 1st. That before the deposition of a w^itness or 
 witnesses be taken by either party, reasonable notice 
 shall be given to the opposite party of the time and 
 place when and wdiere such deposition or depositions 
 will be taken, so that the opposite party, either in 
 person or by attorney, shall have full opportunity to 
 cross-examine the witness or witnesses ; and such 
 notice shall, with iwoof of the service of the same, be 
 
3o 
 
 attaclied to the deposition or depositions, ^vlietliei' 
 the party cross-examine or not ; and such notice 
 shall be given in sufficient time for the appearance 
 of the opposite party, and for the transmission of 
 the evidence to the patent office before the day of 
 hearing. 
 
 2d. That all evidence, &c., shall be sealed and ad- 
 dressed to the Commissioner of Patents by the per- 
 sons before whom it is taken, and so certified 
 thereon . 
 
 3d. That the certificate of the magistrate shall be 
 substantially in the following form, viz : 
 
 "I hereby certify that the depositions of A, B, 
 C, D, &c., relating to the matter of interference be- 
 tween E F and G H, were taken, sealed up and ad- 
 dressed to the Commissioner of Patents by me. 
 
 " J L , 
 
 ^'Justice of the Peace. '^^ 
 
 4th. That ifo evidence touching the matter at issue 
 will be considered upon the said day of hearing, 
 which shall not have been taken and filed in compli- 
 ance with these rules : Provided, that if either party 
 shall be unable, for good and sufficient reasons, to 
 procure the testimony of a witness or witnesses with- 
 in the stipulated time, then it shall be the duty of. 
 
36 
 
 said party to give notice of the same to the Com- 
 missioner of Patents, accompanied by statements, 
 under oath, of the cause of such inability, and of the 
 steps which have been taken to procure said testi- 
 mony, and of the time or times when efforts have been 
 made to procure it ; which last mentioned notice to 
 the Commissioner shall be received by him previous 
 to the day of hearing aforesaid. 
 
 76. The notice for taking testimony must be 
 served, by delivering to the adverse party a copy. 
 If he cannot be found, such service may be made 
 upon his agent or attorney of record, or by leaving 
 a copy at the party's usual place of residence, with 
 some member of the family who has arrived at the 
 years of discretion. 
 
 It must be annexed to the deposition, with a cer- 
 tificate, duly sworn to, stating the manner and time 
 at which the service was made. 
 
 77. The testimony must (if either party desires 
 it) be taken in answer to interrogatories — having 
 the questions and answers committed to writing, in 
 their regular order, by the magistrate, or under his 
 direction, by some person not interested in the 
 issue, nor the agent or attorney of one who is. 
 The deposition, when complete, must be signed by 
 the witness. 
 
 i 
 
37 
 
 78. The magistrate must append to the deposition 
 his certificate, stating the time and place at which 
 it was taken, the names of the witnesses, the admin- 
 istration of the oath, at whose request the testimony 
 was taken, the occasion upon which it is intended to 
 be used, the names of the adverse parties, and 
 whether they were present. 
 
 79. No notice will be taken, at the hearing, of any 
 merely formal or technical objection, unless it may 
 reasonably be presumed to have wrought a substan- 
 tial injury to the party raising the objection ; nor 
 even then, unless as soon as that party became aware 
 of the objection, he immediately give notice thereof 
 to this office, and also to the opposite party, inform- 
 ing him at the same time that, unless corrected, he 
 should urge his objection at the hearing. 
 
 80. The following forms are recommended for ob- 
 servance in the taking of depositions : 
 
 A B, being duly sworn, doth depose and say, in 
 answer to interrogatories proposed to him by C D, 
 counsel for E F, as follows, viz. : 
 
 1st interrogatory. AVhat is your name, your resi- 
 dence and occupation ? 
 
 1st answer. My name is A B. I am a carpenter, 
 and reside in Mobile, Alabama. 
 
38 
 
 And in answer to cross interrogatories proposed 
 to him by G. H, counsel for J K, as follows, viz. : 
 
 1st cross interrogatory, etc. 
 
 (Signed) A B . 
 
 State of Alabama, County of Mobile, ss : 
 
 At Mobile, in said county, on the 
 day of A. D. 186 , before me, per- 
 
 sonally appeared the above named A B, and made 
 oath that the foregoing deposition, by him subscribed, 
 contains the whole truth and nothing but the truth. 
 
 The said deposition is taken at the request of E 
 'F, to be used upon the hearing of an interference 
 between the claims of the said E F and those of J 
 K, before the Commissioner of Patents of the Con- 
 federate States, at his office, on the day of 
 next. The said J K was duly notified, 
 .as appears by the original notice hereto annexed, 
 .and certified by me. 
 
 L M , 
 
 Justice of the Fcace. 
 
 The magistrate must then seal up the deposition 
 when completed, and endorse upon the envelope a 
 certificate, according to the form prescribed in sec- 
 tion 75, and sign it. 
 
 RULES OF CORRESPONDENCE. 
 
 81. All correspondence must be in the name of 
 
 i 
 
39 
 
 the Commissioner of Patents ; <and all letters and 
 other communications intended for the office must be 
 addressed to him. If addressed to any of the other 
 officers, they will not be noticed, unless it should 
 be seen that the mistake Avas owing to inadver- 
 tence. 
 
 82. When an agent has filed his power of attor- 
 ney, duly executed, the correspondence will, in or- 
 dinary cases, be held with him only. A double cor- 
 respondence with him and his principal, if generally 
 allowed, would largely increase the labor of the 
 office. For the same reason, the assignee of the en- 
 tire interest in an invention will b3 alone entitled to 
 hold correspondence with the office, to the exclusion 
 of the inventor. If the principal becomes dissatis- 
 fied, he must revoke his poAver of attorney, and no- 
 tify the office, wdiich will then communicate with 
 him. 
 
 OF THE FILING AND PRESERVATION OF PAPERS. 
 
 83. All claims and specifications filed in this 
 office (including amendments) must be written in a 
 fair, legible hand, without interlineations or era- 
 sures, except such as are clearly stated 'in a mar- 
 ginal or foot note written on the same sheet of pa- 
 per. If they are not, the Commissioner may direct 
 them to be printed at the expense of the applicant, 
 (Sec. 38.) 
 
40 
 
 84. Every paper filed in the office must be en- 
 dorsed in such a manner as to show its general cha- 
 racter on the outside. It must also show the exact 
 date on which it was filed. But where several papers 
 which are all filed at one and the same time, are per- 
 manently fastened together, one *' filing" for the 
 whole will be sufficient. 
 
 Letters going on the files of any particular case 
 must, in addition to the filing above directed, be en- 
 dorsed with the name of the writer and date when 
 written. 
 
 (The above rule is intended for the guidance of 
 the employees in this office alone.) 
 
 85. All papers thus *' filed" will be regarded as 
 permanent records of the office, and must never, on 
 any account, be changed, further than to correct 
 mere clerical mistakes. 
 
 OF AMENDMENTS. 
 
 86. All amendments of specifications or claims 
 must be made on separate sheets of paper from the 
 original, and must be filed in the manner above di- 
 rected. 
 
 Where amendments are required, the papers 
 themselves will be generally returned to the appli- 
 cant ; but it will be only to enable him to make 
 those amendments so as to be in harmony with the 
 
41 
 
 context. Even where the amendment consists in 
 striking out a portion of the specification or other 
 paper, the same course should be observed. No era- 
 sure must be made. The papers must remain for- 
 ever just as they were when filed, so that a true 
 history of all that has been done in the case may 
 be gathered from them. 
 
 87. The following are given as specimens of the 
 forms proper to be observed in such cases : 
 
 ** I hereby amend my specification, by inserting 
 the following words after the word in 
 
 the line of the page thereof; [here 
 
 should follow the words that are to be inserted] or, 
 *' I hereby amend my specification, by striking out 
 the line of the page thereof;" or ^' by 
 
 striking out the first and fourth claims appended 
 thereto ;" or whatever may be the amendment de- 
 sired by the applicant. 
 
 88. The forms of other amendments will readily 
 suggest themselves. In each case the exact words 
 to be struck out or inserted should be clearly de- 
 scribed, and the precise point where any insertion 
 is to be made. 
 
 89. Where papers are returned to the applicant 
 for amendment, the original papers must in all cases 
 
42 
 
 be returned to the office for preservation, together 
 with the amendments. 
 
 90. In some cases amendments will be permitted 1 
 to be made by writing out the entire paper anew ; 
 but even when this is done, the original paper must 
 be returned and preserved. 
 
 91. No paper will be allowed to be taken from this 
 office unless receipted for, or unless a written re- 
 quest be filed by the party entitled to control the 
 case, nor until all interlineations and erasures are 
 clearly noted on the paper in such manner as to pre- 
 vent the possibility of any change being made with- 
 out the certainty of immediate detection. 
 
 RULES FOR RECONSIDERATIOX. 
 The fallowing rules will be strictly observed, ex- 
 cept when, for cause shown, in special cases, a modi- 
 fication shall be allowed : 
 
 92. Upon the rejection of an application for a pa- 
 tent for the want of novelty, the applicant will be 
 furnished with references to the cases on which the 
 rejection was made, and with a brief explanation of 
 the rejection. 
 
 Previous to the second examination of any case 
 which has once been rejected, the applicant must re- 
 new, in substance, the oath originally filed with his 
 specification. 
 
43 
 
 But the applicant, without renewing liis oath, may 
 come before the proper examiner, between two and 
 three o'clock P. M. on any Monday, Wednesday or 
 Friday of the week, and may then point out any 
 mistake or oversight on the part of the office, Avhich 
 will be cheerfully corrected ; but if the alleged er- 
 ror of which he complains is, in tlic judgment of the 
 examiner, upon the merits of the application, and 
 can only be made apparent by a re-examination of 
 the case, the applicant cannot be heard to insist 
 upon its correction, without a renewal of the oath 
 of invention. 
 
 Should there be a second rejection after a re-ex- 
 amination, the applicant may in person or by his 
 agent, or in writing, bring the matter before the 
 Commissioner, who will examine the case in person. 
 The decision of the Commissioner will bo final, so 
 far as the action of this office is concerned. The 
 only remaining remedy will bo by appeal to the At- 
 torney General. 
 OF GIVING OR WITHHOLDING INFORMATION. 
 93. Aside from the caveats which are required by 
 law to be kept secret, all pending applications will 
 be, as far as practicable, preserved in like secrecy. 
 No information will therefore be given to those en- 
 quiring whether any particular application for a pa- 
 
44 
 
 tent is before tlie office, or whether any particular 
 person has applied for a patent. 
 
 94. But information will be given in relation to 
 any case after a patent has issued, or after a patent 
 has been refused, and the further prosecution of the 
 application is abandoned. 
 
 The models in such cases will be so placed as to 
 be subject to general inspection. The specifications 
 and drawings in any particular case can be seen by 
 any one having particular occasion to examine them; 
 and copies thereof, as well as of patents granted, 
 will be furnished to any one willing to pay the bare 
 expense of making them. Copies will be made on 
 parchment, at the request of the applicant, upon his 
 paying the additional cost. 
 
 95. Even after a case is rejected, the application 
 will be regarded as pending until after the decision 
 of an appeal thereon ; but if a party whose appli- 
 cation is filed, shall fail to complete it, so that it can 
 be examined within two years after the filing of the 
 petition, it Avill be regarded as abandoned, and the 
 invention to which it refers dedicated to the public, 
 unless it be shown, to the satisfaction of the Com- 
 missioner, that such delay was unavoidable ; and all 
 applications pending prior to the 21st May, 1861, 
 
45 
 
 the day of the passage of the patent law, will be 
 treated as if filed thereafter. (Sec. 42.) 
 
 96. In all cases where the specification shall be 
 withdrawn from the ofiice, and retained by the appli- 
 cant or his agent for the space of six months, an 
 abandonment will be presumed, at least so far that 
 the invention to which it relates will not be protect- 
 ed by any rule of secrecy. 
 
 97. Information in relation to pending cases will 
 be given so far as it becomes necessary in conduct- 
 ing the business of the office, but no further. Thus, 
 when an interference shall be declared between two 
 pending applications, each of the contestants will be 
 entitled to a knowledge of so much of his antago- 
 nist's case, as to enable him to conduct his own un- 
 derstandingly. 
 
 And where the rejection of an application shall 
 be founded upon another case previously rejected, 
 but not abandoned, the rejected applicant will be 
 furnished with all information in relation to the pre- 
 viously rejected case which is necessary for the pro- 
 per understanding and management of his own. 
 
 98. When an applicant claims a certain device, 
 and the same device is found described but not 
 claimed in another pending application which was 
 previously filed, information of the filing of such 
 
46 
 
 second application will always be given to tlie prior 
 applicant, with a suggestion that if he desires to 
 claim a patent for that device, he should forthwith 
 modify his specification accordingly. 
 
 99. But where the application which thus describes 
 a device without claiming it shall be subsequent in 
 date to that wherein such device is claimed, the gene- 
 ral rule will be that no notice of the claim in the 
 previous application will be given to the subsequent 
 applicant. But v/here there any special reasons to 
 doubt whether the prior applicant is really the in- 
 ventor of the device claimed, or where there are any 
 other peculiar and sufficient reasons for departing 
 from, the rule above stated, the office reserves to it- 
 self the right of so doing without its being re- 
 garded as a departure from the established rule. 
 
 100. The office cannot respond to enquiries as to 
 the novelty of an alleged invention, in advance of 
 an application for a patent in manner pointed out in 
 this pamphlet, for obvious reasons; nor to enquiries 
 founded upon brief and imperfect descriptions pro- 
 pounded wuth a view of ascertaining whether such 
 alleged improvements have been patented ; and if so, 
 to whom ; nor can it act as an expounder of the pa- 
 tent law, nor as counsellor for individuals, except as 
 to questions arising within the office. 
 
47 
 
 101. All business with the oflficc must be trans- 
 acted in rrriting, unless by the consent of all par- 
 ties, and the action of the office will be based exclu- 
 sively on the written record. No attention will be 
 paid to any alleged verbal promise or understanding 
 in relation to which there is any disagreement or 
 doubt. RUFUS n. RHODES, 
 
 Commissioner of Fate ids. 
 Confederate States Patent Office, August, 18G1. 
 
IISTIDEX. 
 
 Sections. 
 Amendments. 
 
 Of specifications or claims, how made and 
 
 filed, 86 
 
 Forms of amendments, - - - 87, 88 
 
 Original papers with amendments must be 
 
 returned to office, - - - 89 
 
 Amendments made by writing out papers 
 
 anew, ----- 90 
 
 "Where papers returned for amendment, 
 
 precautions to be used, - - - 91 
 
 Appeals. 
 
 Applicant may appeal to Commissioner af- 
 ter second rejection by examiner, - 33 
 Mode of appeal, - - - - 34 
 
 Application for Patent. (See Patent.) 
 
 Assignments. 
 
 Of entire interest before patent granted, 61 
 
 Assignments for specified portions of Con- 
 federate States after patent granted, - 62 
 When to be recorded, - - - .63 
 When patent is to issue in name of assignee 
 
 the correspondence should be in his name 64, 82 
 
 Receipt of, not generally acknowledged, - 65 
 
 "When returned to persons entitled to them 65 
 
 By whom an assignment of United States 
 
 patent may be continued in force, and for 
 
 what term, - - - _ 66 
 
Sections. 
 "What necessary to be done to continue 
 
 them in force, - - - - G6 
 
 Fees requii^ed in such cases, - - 66 
 
 Form of assignments, - - - 67 
 
 Attorney or Agent. 
 
 Not recognized as such until power is filed, 28 
 
 Caveats. 
 
 Who maj file a caveat, - - _ 51 
 
 Fee, amount, and when paid, - - 68, 51 
 
 Cannot be applied to complete application, 58 
 
 When caveator is entitled to notice to com- 
 plete his application and go into inter- 
 ference, - - - - - 51 
 When not entitled to notice, - - 52 
 May renew his caveat from year to year by 
 
 paying additional fees, - - - 52 
 
 Description required in caveat, - - 53 
 
 Caveat papers once filed cannot be with- 
 drawn or altered, - - - 54 
 Additional papers may be appended, date 
 
 being noted, when - - - 5-1 
 
 AYhen right to notice expires in regard to 
 subject of papers filed supplementary to 
 original caveat, - - - - 55 
 
 Additional papers not relating to invention 
 
 of first caveat, how treated, - - 55 
 
 Who may obtain copies of caveat papers, 66 
 
 Should be accompanied by a drawing or 
 
 sketch, ----- 57 
 
 Form of caveat, - - - - 59 
 
 Correspondence. 
 
 All correspondence in the name of the 
 
 Commissioner, - - - - 81 
 
 Correspondence with principal or agent 
 not admissable, - - - - 82 
 
 4 
 
Ill 
 
 Sections. 
 
 Designs^ 
 
 Application for patent, how made, - 46 
 
 May be for diflcrent terms of years, - 46 
 
 Forms of petition, specification and oath, 47 
 Fee for three and one-half, for seven, and 
 
 for fourteen years, - - - 65 
 
 No model required, if the design can be 
 
 sufficiently represented by drawings, - 46 
 
 Disclaimer. 
 
 When filed, 44 
 
 Form of, ----- 45 
 When made by original patentee must be 
 
 so expressed, - - - - 45 
 
 Drawings. What kind required - 19 
 
 Examination. 
 
 Applications will be examined in the order 
 
 in which they are completed, - - 26 
 
 Exceptions, ----- 26 
 
 Amendments of defective specifications 
 
 and drawings, - - - - 27 
 
 Personal attendance of applicant not ne- 
 cessary, . - - ~ » 28" 
 Attorney must file power, - - - 28 
 When application finally decided papers 
 
 retained by the office, - - - 29 
 
 Copies, on what terms furnished, - - 29 
 
 Patent, to whom sent, - , - 30 
 
 Fees, Office, and how payable. 
 
 Fees required to be paid in advance, - 68 
 
 Tariff of fees fixed by law, - - 68 
 Advisable to deposit fee with authorized 
 
 officer^ - - - - - . 68 
 
 Money t6 coVer postage to be dejiOsited, 6^ 
 
IV 
 
 Sections. 
 
 > 
 
 May be remitted by mail or express at 
 
 risk and cost of owner, - - 70 
 
 Letter should state amount enclosed, , 70 
 
 Duplicate receipt, when required and what 
 
 specifying, . . _ . y^ 
 
 Officers authorized to receive fees on ac- 
 count of Treasurer of C. S. A., _ 24 
 Certificate of deposit, form of, - - 71 
 Certificate to be forwarded to office, - 71 
 All money sent by mail at risk of owner, 72 
 Money not to be enclosed with model, - 72 
 All payments to be in specie, or C. S, Trea- 
 sury Notes, _ _ _ ^ y^ 
 Filing and Preservation of papers. 
 
 Claims, specifications and amendments filed, 
 
 how written, - _ _ _ ^o 
 
 Mode of endorsement of papers filed, - 84 
 
 Papers filed regarded as permanent records 85 
 
 Only changed to correct clerical mistakes, 85 
 
 Foreign Patents. (Sec Patents Foreign.) 
 
 Information, giving or withholiding. 
 
 Pending applications, how far secret. - 03 
 
 Given in case of patent issued or patent 
 
 refused and application abandoned, - 94 
 
 When models, specifications and drawings 
 
 open to inspection, - - - 94 
 
 How long application regarded as pending 
 
 after rejection, - - - - 95 
 
 When information given in pending cases, 97 
 
 When interference is declared between two 
 
 pending cases, - - _ _ q^ 
 
 When rejection is founded upon case pre- 
 viously rejected but not abandoned, - 97 
 When device is found described, but not 
 claimed in pending application previous- 
 ly filed, - - - _ _ 98 
 
Sections. 
 
 General rule where application describing 
 device is subsequent in date to one in 
 which device is claimed, - - 99 
 
 ^ Exceptions to general rule, - - 99 
 
 All business should be transacted in writing 101 
 
 Action of office to be based on written 
 
 record _____ 101 
 
 No attention paid to alleged verbal pro- 
 mises, etc., _ _ _ _ 101 
 
 Office cannot respond to questions in ad- 
 vance of application for patent, nor act 
 as an expounder of the law nor as coun- 
 sellor, 100 
 
 Interferences. 
 
 When granted, _ - - - 35 
 
 Days fixed for closing testimony and hear- 
 ing causes, _ _ _ _ 35 
 
 Arguments of counsel to be filed before 
 
 day of hearing, - - _ - 36 
 
 Course pursued when postponement is de- 
 sired, _____ 37 
 
 Models. 
 
 "When required, - - - 20 
 
 Officers authorized to receive Fees. 
 
 Assistant C. S. A. Treasurer and others, 21 
 
 Patent. 
 
 What will prevent the granting of a patent, 7 
 
 The mere fact of a prior invention abroad 
 
 will not prevent the issue of a patent, - 8 
 
 Mode of proceeding to obtain a patent, - 9 
 
 Application, by whom made, _ _ 9 
 
 Must be in writing, signed by inventor and 
 
 addressed to Commissioner, - - . 10 
 
 Petition, usual form of - - - 10 
 
VI 
 
 Sections. 
 Specification, '. " n 
 
 The precise invention must beset forth in, 11 
 
 When claimed as a mere improvement on, 
 or as substantially differing from another 
 invention, - - - - 11 
 
 Two or more machines not to be the sub- 
 ject of one patent, - - - 12 
 By whom signed, - - - - 13 
 Should describe the sections of drawings, 
 and refer by letters and figures to the 
 different parts, - - - - 13 
 Forms of, • - - - - 13 
 Should be signed and attested, - - 14 
 
 Oath, 
 
 Who must make, - - . - - IG 
 
 Form of ----- 15 
 
 Before whom it may be taken, - - 10 
 
 When taken in a foreign country, - - 17 
 
 Drawings, - - - - - 18 
 
 Should generally be in perspective, - 18 
 
 When in plans, sections or details, - 18 
 
 Duplicate drawings required, - - 19 
 
 How executed, - - - - 19 
 
 Should be signed and attested, - - 19 
 
 Model, - - _ - . 19 
 
 How made, ----- 20 
 The name of inventor (also of assignee, if 
 
 assigned) must be permanently affixed, 20 
 When the invention is of a composition of 
 
 matter, what required. - - - 21 
 Name to be affixed. - - - 21 
 What required before the filing or exami- 
 nation of an application is allowed, - 23 
 Patent — Foreign. 
 
 A foreign patent subsequently obtained 
 
 does not injure a previous patent here, - 48 
 
Vfl 
 
 Sections; 
 
 The taking out a patent in a foreign coun- 
 tr}'- does not prevent the obtaining a pa- 
 tent here, provided, - _ _ 8 
 
 A patent subsequently obtained here ex- 
 tends from date of foreign patent, - 40 
 
 In case of foreign patent application here 
 
 acted on as soon as it is completed, - 57 
 
 Course to ])e pursued when applicant seeks 
 
 to make his a preferred case, - - 50 
 
 No discrimination as to fees against foreign 
 
 applicant, ----- 68 
 
 Patentee. 
 
 Who may obtain a patent, - - - 1 
 
 Assignees of entire interests, - - 2 
 
 Legal representatives of deceased inventor 8 
 
 Masters, if the inventor be a slave, - 5 
 
 Joint inventors entitled to joint patent, - 4 
 
 Petition. (See Patent.) 
 Reconsideration, KuLES fcr. 
 
 When application is refused applicant fur- 
 nished with references and explanation, 92 
 May reply in person or by agent before 
 
 examiner, when, - - - 92 
 
 Oath to be renewed before examination, ^ 92 
 
 After second rejection case heard by Com- 
 missioner in person, - - - 92 
 Decision of Commissioner final as to office 92 
 Final remedy by appeal to the Attorney 
 
 General, ----- 92 
 
 PtEISSUES, 
 
 When allowed, - . - ., 38 
 
 What may be the subject of reissue, - 39 
 
 AVhen reissued patent expires - - 40 
 
 Original claim may be revised, - - . 41 
 
VIII 
 
 Sections. 
 Applicant may retain old patent, - 42 
 
 Form of application for reissue, - - 43 
 
 Form of oath, - - - - 43 
 
 Repayment of Money. 
 
 What money ^Yill be refunded, - - GO 
 
 Secret Archives. 
 
 How long an application on which a patent 
 has been ordered to issue may be re- 
 tained in, from day of such order, - 31 
 
 Specifications and drawings to be retained 
 
 in, when, - - - - - 31 
 
 Specification. (Sec Patent.) 
 
 Testimony, taking and transmitting. 
 
 Clerks of courts to issue subpoena, - 74 
 
 Judge to enforce obedience to summons, - 74 
 AVitness not compelled to go more than 
 
 fort}'- miles, - - - - 74 
 Nor unless certain fees are paid to him, - 74 
 Not required to declare secret inventions, 74 
 Ftules for taking and transmitting testi- 
 mony, - - . - . 75 
 Notice to opposite party, - - - 75 
 Evidence, &c. sealed and addressed to Com- 
 missioner, - - - - 75 
 No evidence to be considered, when, - 75 
 Form of certificate of magistrate for en- 
 velope, - - _ _ - 75 
 Notice, service of, - : - - 76 
 Notice must be annexed to deposition, - 70 
 How testimony to be taken, - - 77 
 Deposition must be signed by witness, - 77 
 Certificate of magiBtrate appended tb deptj- 
 ^iti(5n, ... * . 78 
 
IX 
 
 Sections. 
 
 Technical objections, how noticed at hear- 
 
 ing, - - - - - 79 
 
 Forms to be observed in taking depositions 80 
 
 Form of certificate of magistrate to be ap- 
 pended to deposition, - - - §0 
 
 Deposition must be sealed up and endorsed 80 
 
 United States Patents and Assignments 
 
 Can be revived only by citizens of Confe- 
 derate States, - - - - 0, 66 
 Conditions on which they may be revived, 0, 66 
 
 Witnesses. 
 
 How subpoenaed and their attendance en- 
 forced, ----- 74