Library of Congress. UNITED STATES OF AMERICA. PATENT LAWS ^, ^ OF THE UNITED STATES; TOGETHEK WITH RULES AND PROCEEDINGS IN THE ALSO HINTS TO INVENTORS HOW TO OBTim LETTERS PATENT IN THE WITH A SYNOPSIS OF THE intent fate 0f l^retgn C0mitt}^s, AN^D ADVICE RELATIN-G- THEI^ETO. ALSO USEFUL LEGAL LXFORMATIOX TO INVENTORS AXD PATENTEES. BY MUNN & CO., PATENT SOLICITORS, PUBLISHERS OF THE SCIENTIFIC AMERICAN. offices: new york, Washington, london, and paris. EDWARD O. JENKINS, Printer and Stereotypjer, No. 26 Frankfort St. INDEX. made, Actions cognizable in circuit courts of the United States, &c. , Additional improvements, Original claim subject to reexamination, .... Affirmation, • • Agents for the reception and transmission of models to be appointed, Agricultural statistics, ......... Do. do., • . . Antedate of patents authorized, . Appeal from decision of Commissioner, . Do. do.. Do. do., . Do. do., In case of interfering applications. Do. do., . Application for patents — how and by whom Appropriations out of the Patent Fund, Do. do., Do. do., . Do. do., For agricultural statistics. Do. do,, Chief Justice, .... Assistant judges, Assistant justices, .... As-ignments — patents assignable, . Deeds, &c., to be recorded, Executed and recorded prior to 15th December, 1836, to be corded anew, .... .... Not so recorded not to be received as evidence, Fee for recording, Do. do., Do. do., Board of examiners to be appointed in cases of appeal, Caveats, Chief clerk — how appointed, salary, his duties, Required to take oath and give bonds, .... Chief Justice, Clerks— how appointed— interdicted from acquiring any interest patents, . Required to take oath, re- in Page. Sec. 15 17 13 13 IP 8 9 6 20 10 20 9 28 1 11 8 10 7 23 11 23 12 27 1 10 8 23 10 9 6 22 3 22 4 22 4 28 1 22 9 28 1 24 13 27 2 27 1 12 11 19 6 17 1 17 2 12 11 22 8 26 o 10 « 12 12 7 2 8 3 24 13 7 2 8 3 IV INDEX. Page. Sec Clerks — Temporary and other clerks authorized to be appointed, . . 21 2 Do. do. do., . . 20 11 Do. do. do., . . .27 3 Do. do. do., ... 28 1 Commissioner of Patents — how appointed — his duties, compensation, 7 1 Interdiction from acquiring any iaterest in patents, ..72 Kequired to take oath and give bonds, 8 3 Shall cause a seal to be made, 8 4 Eequired to lay before Congress a statement of the receipts and expenditures of the ofQce, 21 14 Copies of papers destroyed 15th December, 1836, which have been re- stored, to be evidence in any judicial court in the United States, &c., 17 2 Of new patents issued for those lost or destroyed on or before the 15th December, 1836, to be admissible as evidence, , . 17 3 Of papers, &c. , and drawings, fees for same, .... 8 4 Courts may render judgment for a sum not exceeding three times the amount of actual damages, 13 14 Defendant may plead the general issue, &c,, ..... 13 15 Department of the Interior, ......... 27 2 Designs, 24 3 Digest of Patents authorized to be published, 22 3 Disbursing clerk, . 28 1 Disclaimer, 19 7 Do., • . , 19 8 Do., 20 9 Draughtsman, how appointed, his salary, 7 2 Do. do. do., ....... 28 1 Drawings, fees for copies of, 8 4 Required in applications, . 9 6 Duplicates required, 19 6 Examinations of alleged inventions to be made, proceedings thereon, 9 7 Examiners, how appointed, . . . , 7 2 Do. do., . 20 11 Do. do., 26 1 Do. do., . . • 26 2 Assistants, * 21 1 Do., 26 1 Do , 26 2 Extensions, manner of proceeding, 15 18 Do., • . . 26 1 Fees for copies of drawings and papers, .*.... 8 4 For recording assignments, 12 11 Do. do., . 22 8 Do. do., • . 26 2 On application for patents, . ' 11 9 On filing a caveat, 12 12 On reissues, . 12 13 On additional improvements, 12 13 On extensions, . . 15 18 INDEX. Fees on appeals, On reissue for every additional patent, For designs, . How payable, ......* Paid in by mistake, . , . Foreign patents, date of, &c., Franking privilege, Interfering applications, ....... Kemedy by bill in equity, ..... Inventions may be sold before patents therefor are granted. Library for the Patent Office, Librarian, . , Machinist — how appointed, his salary, .... Messenger, . Models in applications, ....... To be classified, Duplicates of those lost or destroyed to be procured, Money paid by mistake, Oatb, Do., Patents — how issued, to be signed by the Secretary of the Interior and Commissioner of Patents, specifications and drawings to be recorded, for what term the patent shall be granted, Issued to executors, administrators, &c., in case of the decease of the inventor, ......... To be assignable, Issued prior to 15th December, 1836, to be recorded anew. Do. do. do., ... . Not so recorded not to be received as evidence, New patents to be issued for those lost or destroyed on or before 15th December, 1836, ........ May be issued to assignees, 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 in marking patented articles, 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, ......... Specimens in applications, • . . . . . Withdrawal, $20 to be refunded, Two-thirds fee returnable to foreigners, . Page. Sec. 23 11 18 5 24 3 16 15 24 1 22 6 7 1 11 8 14 16 22 7 16 19 28 1 7 2 7 2 8 6 16 20 18 4 24 1 8 6 25 4 11 10 12 11 16 1 24 2 17 2 17 3 19 6 11 9 21 14 25 5 25 6 12 13 18 5 19 8 16 21 21 14 8 4 8 6 8 6 9 7 21 12 PATEJSTT LAWS. AN ACT to promote the progress of Useful Arts, and to repeal all Acts and parts of Acts heretofore made for that purpose. Be it enacted hy the Senate and House of Representatives of the Organization of United States of America in Congress assembled. That there shall be ^^% Patent Office, "^ " ' and its govern" established and attached to the Department of State* an office, to be mer.t. denominated the Patent Office, the chief officer of which shall be called the CocPimissioner 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 discoveries, inven- tions, and improvements, as are herein provided for, or shall here- after 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 salme 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. J Sec. 2. And be it further enacted, That there shall be in said office Of clerks andin- an inferior officer, to be appointed by the principal officer, with the theT/saKs!' *"^ 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 shall 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 Commissioner during such vacancy. And the said Commissioner may also, with like ap- * Now attached to the Home Department, — See page 27, section 2. t S3,000. j Franking privilege annulled by the act entitled "An act to reduce the rates of postage,'' &c., approved 8d March, 1845; and restored by tlie act entitled "An act to establish certain post routes, and for other purposes," approved 3d March, 1847 ; and the act approved 27th April, 1848. — See page 20. section 4. 8 PATENT LAWS. proval, appoint an examining clerk at an annual salary of fifteen hundred dollars, two other clerks at twelve hundred dollars each, one of whom shall be a competent draughtsman ; one other clerk, at one thousand dollars ; a machinist, at twelve hundred and fifty dol- Cannot take or lars ; and a messenger, at seven hundred dollars. And said Com- patenS^ ^^^^^^^"^ *° ^^^^^^^®^' c^^^^^^; ^^^ every other person appointed and employed in said office, shall be disqualified and interdicted 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. Officers miyst irive Sec. 3. And he it further enacted, That the said principal officer, bonds for foithfui ^j^^ everv Other person to be appointed in the said office, shall, before porfonnaQC^ of du- "^ *•. .'■ . '' ties. he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And the said Commissioner and the chief clerk shall also, before en- tering upon their duties, severally give bonds, with sureties, to the Treasurer of the United States ; the former in the sum of ten thou- sand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to him 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 all other moneys received by virtue of said office. Patent and rec- Sec. 4. And he it further enacted, That the said Commissioner shall °'^rfff^d^~"^*^^* ^f cause a seal to be made and provided for the said office, with such documents. device as the 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 be 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 drawings 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 reasonable ex- penses of making the same. "What a patent Sec. 5. And he it further enacted, That all patents issuing from SiTLnddafms ^^^^ °^^® ^^^^^^ ^^ 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 shall be recorded, together with the 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 heirs, administrators, executors, or assigns, for a term not exceeding fourteen 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 be an- nexed to the patent, specifying what the patentee claims as his invention or discovery. «• Secretary of the Interior. — See page 27, section 2. PATENT LAWS. 9 Sec. 6. And he it further enacted, That any person or persons tv hat are subjects having discovered or invented any new and useful art, machine, whar*^°Snditions manufacture, or composition of matter, or any new and useful improve- granted, ment on any art, machine, manufacture, 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 application for a patent in public use or on sale, witli his consent or allowance, as the inventor or discoverer, and shall desire to obtain an exclusive property therein, may make ap- plication, in writing, to the Commissioner of Patents, expressing such desire ; and the Commissioner, on due proceedings had, may grant a patent therefor. But before any inventor shall receive a patent for . ^ow specifiea- ^ 1 . ,. T •' iiiiTT -,,1 • tion must be made. any such new mvention or discovery, he shall deliver a written descrip- tion 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 in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and us3 the same ; and in case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character by which it may be dis- tinguished from other inventions ^ and shall particularly specify and point out the part, improvement, or combination wliich he claims as his own invention or discovery. He shall, furthermore, accompany Ofdrawinscs. spe- the whole with a drawing or drawings, and written references, where ^■""''"''- '^"'^ "'ode.s the nature of the case admits of drawings ; ,or with specimens of in- gredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter; which descriptions and drawings, signed by the inventor, and attested by two witnesses, shall be filed in the Patent Office ; and he shall, moreover, furnish a model of his inven- tion in all cases which admit of a representation by model, of a con- venient size, to exhibit advantageously its several parts. The appli- cant shall make oath* or affirmation that he does verily believe that Oath and eitiae«- he is the original and first inventor or discoverer of the art, machine, ^ ^^' composition, or improvement, for which he solicits a patent ; and that he does not know or believe that the same was ever before known or used ; and also of what country he is a citizen ; which oath or affirmation may be made before any person authorized by law to administer oaths. Sec. 7. And be it further enacted, That on the filing of any such Examination a;- application, description, and specification, and the payment of the n'^.w^rejectcdl wml duty hereinafter provided, the Commissioner shall make, or cause to rvference to prior be made, an examination of the alleged new invention or discovery ; '' "'^°^'''^* and if, on any such examination, it shall not appear to the Commis- sioner that the same had been invented or discovered by any other person in this country, prior to the alleged invention 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 liad 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 suf- ficiently useful and important, it shall be his duty to issue a patent * See section 4, p. 25. 10 PATENT LAWS. How amend if therefor. But whenever, on such examination, it shall appear to the part IS new. Commissioner that the applicant was not the original and first inven- tor or discoverer thereof, or that 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 as aforesaid, or that the description is defective and insuJSicient, 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 Can wiihdrawpart of the invention or discovery which is new. In every such of^hftax^^^Modei ^^^^i if the applicant shall elect to withdraw his application, relin- remains. quishing 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 To whom appeals twenty dollars. But if the applicant, in such case, shall persist in his are ma e, an low. ^Yo^m. for a patent, with or without any alteration of his specification, he shall be required to make oath or affirmation anew, in manner as aforesaid ; and if the specification and claim shall not have been so modified as, in the opinion of the Commissioner, shall entitle the ap- plicant to a patent, he may, on appeal, and upon request in writing, have the decision of a board of examiners, f to be composed of three disinterested persons, who shall be 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, manufacture, or branch of science to which the alleged invention appertains ; who shall be under oath or affirmation for the faithful and impartial performance of the duty imposed upon them by said Commissioner appointment. Said board shall be furnished with a certificate in grounds *of ^his re*^ writing, witli the opinion and decision of the Commissioner, stating jection. 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 time and place of their meeting, that they may have an opportunity of furnishing them with such facts 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 ex- aminers such information as he may possess relative to the matter under their consideration. And on examination and consideration of the matter by such board, it shall be in their power, or of a major- ity of them, to reverse the decision of the Commissioner, either in whole or in part; and their opinion being certified to the Commissioner, he shall be governed thereby in the further proceedings to be had on Tax on appeal, such application : Provided, however, That before a board shall be board.^^ ^^ appeai i^g^ituted in any such case, the applicant shall pay to the credit of the treasury, as provided in the ninth section of 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, a sum not exceeding * All applicants on withdrawal are entitled to a return of two-thirds the duty deposited. — See section 12, pa^re 21. t Repealed. — See section 11. page 23. PATENT LAWS, 11 ten dollars, to be determined and paid by the Commissioner out of any moneys in his hands, which shall be in full compensation to the persons who may be so appointed, for their examination and cer- tificate as aforesaid. Sec. 8. And he it further enacted, That whenever an apphcation ]^c° jfJjf®""fio^ shall be made for a patent, which, in the opinion of the Commissioner, decided. ' Appeals would interfere with any other patent for which an application may ^^j^g"^^^^^™^^!^®*^""" be pending, or with any unexpired patent which shall have been granted, it shall be the 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 Commissioner on the question of priority of right or invention, on a hearing thereof, he may appeal from such decision, on the like terms and conditions as are provided in the preceding section of this act, and the like pro- ceedings shall be had, to determine which, or whether either of the applicants is entitled to receive a patent as prayed for. But nothing j^^g^^bToad Dates in this act contained shall be construed to deprive an original and of patents, and fii- true inventor of the right to a patent for his invention, by reason of !,"fjJj!J.^g"a"/^*no? his having previously taken out letters patent therefor in a foreign tice. country, and the same having been published, at any time within six months next preceding the filing of his specification and drawings. And whenever the applicant shall request it, the patent shall take date from the time of filing of the specifications and drawings ; not, however, exceeding six mouths prior to the actual issuing of the patent; and on like request, and the payment of the duty herein required, by any applicant, his specification and drawings shall be filed in the secret archives of the office, until he shall furnish the model, and the patent be issued, not exceeding the term of one year — the applicant being entitled to notice of interfering application. Sec. 9. And he it further enacted, That before any application for Tatent tax, and a patent shall be considered by the Commissioner as aforesaid, the applicant shall pay into the Treasury of the United States, or into the Patent Office, or into any 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 intention to become a citizen thereof, the sum of thirty dollars ; if a subject of the king of Great Britain, the sum of five hundred dollars ; and all other persons the sum of three hundred dollars ; for which payment duplicate re- ceipts shall be taken, one of w4iich to be filed in the office of the Treasurer. And the moneys received into the treasury under this act shall constitute a fund for the payment of the salaries of the offi- cers 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 hatli li^"s '"ay ^"e , 1 n 1 1 • • T '' ^ . for patents where made, or shall have made, any new mvention, discovery, or miprove- inventor is dcceas- ment, on account of which a })atent might, by virtue of this act, bo fiyn^®^**'"'' *Pi^''*^*" 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 intestate ; • See section 15, page 25. 12 PATENT LAWS. but if otherwise, then in trust for his devisees, in as full and ample manner, and under 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, the oath or affirmation 'provided in the sixth section of this act shall be so varied as to be applicable to them. Assignments Sec. 11. And he it further enacted, That every patent shall be iii"patent Office^^*^ ^^^^o^^^-^® ^^ -^^^j either as to the whole interest, or any undivided part thereof, by any instrument in writing ; which assignment, and also every grant and conveyance 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 specified part or portion of the United States, shall be recorded in the Patent Office within three months from the execution thereof, for which the assignee or grantee shall pay to the Commissioner the sum of three dollars.* Caveat, and cave- Sec. 12. Ajid he it further enacted, That any citizen of the United at fees. States, or alien, who shall have been a tesident 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, machine, 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 the design and purpose thereof, and its principal and distinguishing char- acteristics, 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 re- quired for the same. And such caveat shall be filed in the confiden- Uses of a caveat. ^^^^ archives of the office, and preserved in secrecy. And if appli- cation shall be made by any other person, within one year from the time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the Commis- sioner to deposit the description, specifications, drawings, and model, in the confidential archives of the office, and to give notice (by mail) to the person filing the caveat of such application, who shall, within three months after receiving the notice, if he would avail himself of the benefit of his caveat, file his description, specifications, drawings, and model ; and if, in the opinion of the Commissioner, the specifica- tions of claim interfere with each other, like proceedings may be had in all respects as are in this act provided in the case of interfering applications : Provided, hoioever, That no opinion or decision of any board of examiners, under the provisions of this act, shall preclude any person interested in favor of or against the validity of any patent which has been or may hereafter be granted, from the right to con- test the same in any judicial court, in any action in which its valid- ity may come in question, issue— for '"^amo mil Sec. 13. And he it further enacted, That whenever any patent, menta ami correc- which has heretofore been granted, or which, shall hereafter be and assignees h.ive granted, shall be inoperative or invalid, by reason of a defective or * See section 8, page 22. PATENT LAWS. 13 insufficient description or specification, or by reason of the patentee*^® "oi»t of ««"en- 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 shall have arisen by inadvertency, accident, or mistake, and without any fraud- ulent 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 which the original patent was granted, in accord- ance 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, administra- tors, or assignees. And the patent so reissued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the orio:inal patent.* And whenever the original patentee shall be ^^Pf engrossing ,V Vtt ,11 •,• T -^--p • additions on patent desirous oi addmg the description and speciiication oi any new im- with the tax. provement 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 same shall here' after have the same effect in law, to ail intents and purposes, as though it had been embraced in the original description and specifi' cation, f Sec. 14. And he it further enacted^ That whatever, in any action Action for in- fer damages [for] making, using, or selling the thing whereof the a"°J*°^''"*'" *™* 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 sustained by the plaintiff, not exceeding three times the amount thereof according to the circum- stances of the case, with costs ; and such damages may be recovered by action ok the ease, in any court of competent jurisdiction, to be brought in the name or names of the person or persons 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 he it further enacted^ That the defendant in any such Dofondunt may action shall be permitted to plead the general issue, and to give this jjf^ uS^he^'vaUdu act and any special matter in evidence, of which notice in writing ty and novi-ity of may have been given to the plaintiff or his attorney, thirty days P"'*^"^ before trial, tending to prove 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 effect ; which concealment or addition shall * See section 5, page 18, f See section S, puge lU. 14 PATENT LAWS. 1 fullj 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 part thereof claimed as new, or that it has been described in some public work anterior to the supposed discovery thereof bj 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 sur- reptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable dili- if an alien has g©iice in adapting and perfecting the same ; or that the patentee, if an failed to put in alien at the time the patent was granted, had failed and neglected, eishf-eon months for the spaco of eighteen months from the date of the patent, to put from date' of gra. t. ^-j^^ contiuuc ou 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, knowledge, 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 Part of the in ven shall be rendered for the defendant with costs: Provided, however, tJon proving old, That whenever it shall satisfactorily appear that the patentee, at the patent. time of making his application 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 substantial 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. * OfiQterfcringap- Sec. 16. And l>e it further enacted. That whenever there shall be pe^ffor^/emedyby ^"^^ interfering patents, or whenever a patent or application shall Liii in equity. have been refused on an adverse decision of a board of examiners,f on the ground that the 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 ad- verse parties, and other due proceedings had, may adjudge and de- clare 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 pro- visions 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. * See section 9, page 20. f See section 11, page 28. PATENT LAWS. 15 And such adjudication, if it be in favor of the right of such apph- cant, shall authorize the Commissioner to issue such patent, on his fihng a copy of the adjudication, and otherwise complying with the requisitions of this act : Provided, however, That no such judgment or adjudication shall affect the rights of any person, except the parties to the action, and those deriving title from or under them subsequent to the rendition of such judgment. Sec. 17. And he it further enacted, That all actions, suits, contro- Where patent versies, and cases arising under any law of the United States, grant- granting of ininnc- ing or confirming to inventors the exclusive right to their inventions l^^'^S' and appeal to or discoveries, shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, 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 according to the course and principles of courts of equity, to prevent the violation of the 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 He 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 reason- able to allow the same. Sec. 18. And he it further enacted. That whenever any patentee conditions and of an invention or discovery shall desire an extension of his patent P^^'^^f^^"?^"®*'®^* , , , „.,..•'., , T • ^ r- s^^^ ^^ obtain an beyond the term oi its limitation, he may make application thereior, extension of a pat- in writing, to the Commissioner of the Patent Office, setting forth the ®"** grounds thereof; and the Commissioner shall, on the applicant's pay- ing the sum of forty dollars to the credit of the Treasury, as in the case of an original application for a patent, cause to be published in one or more of the principal newspapers in the city of Washington, and in such other paper or papers as he may deem proper, published irf the section of the country most interested adversely to the exten- sion of the patent, a notice of such application, and of the time and place when and where the same will be considered, that any person may appear and show cause why the extension should not be granted. And the Secretary of State, the Commissioner of the Patent Office, and the Solicitor of the Treasury shall constitute a board * to hear and decide upon the evidence produced before them, both for and against the extension, and shall sit for that purpose at the time and place designated in the published notice thereof. The patentee shall furnish to said board a statement, in writing, under oath, of the ascertained value of the invention, and of his receipts and expendi- tures, sufficiently in detail to exhibit a true and faithful account of loss and profit in any manner accruing to him from and by reason of said invention. And if, upon a hearing of the matter, it shall ap- r^^,^^^ ^j «>xto«- pear to the full and entire satisfaction of said board, having due re- sion. Of extenMon. gard to the public interest therein, tliat it is just and proper tliat the term of the patent should be extended, by reason of the patentee, • Repealed.— See section 1, page 26. 16 PATENT LAWS. Library. Eights o: assign- without neglect or fault on his part, having failed to obtain, from the f,t^^.*^?^ ^I^^'!^^^ use and sale of his invention, a reasonable remuneration for the time, ingenuity, and expense bestowed upon the same, and the mtroduc- tion thereof into use, it shall be the duty of the Commissioner to re- new and extend the patent, by making a certificate thereon of such extension, for the term of seven years from and after the expiration of the first term ; which certificate, with a certificate of said board of their judgment and opinion as aforesaid, shall be entered on record in the Patent Office ; and thereupon the said patent shall have 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 ex- tend to assignees and grantees of the right to use the thing 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 he it further enacted^ 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 ap- propriated for that purpose, to be paid out of the Patent Fund, Sec. 20. And he it further enacted^ That it shall be the duty of the Commissioner 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 manu- factures and works of art, patented or unpatented, 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 inspec- tion. All former Acts Sec. 21. And he it further enacted, That all acts and parts of acts heretofore passed on this subject be, and the same are hereby, re- pealed : 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 saving 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 or petitions 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. Exhibition models. of repealed. AN ACT in additioa to the act to promote the progress of Science and Useful Arts. Recording anew Be it enacted hy the Senate and House of Representatives of the United 08 pa en s. States of America in Congress assembled. That any person who may be in possession of, or in any way interested in, any patent for an PATENT LAWS. 17 invention, discovery, or improvement, issued prior to the fifteenth day of December, in the year of our Lord one thousand eight hun- dred and thirty-six, or in an assignment of any patent, or interest therein, executed and recorded prior to the said fifteenth day of De- cember, may, without charge, on presentation, or transmission 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 the 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 drawing was not originally annexed to the patent, and referred to in the specification, any drawing pro- duced as a delineation of the invention, being verified by oath in such manner as the Commissioner shall require, may be transmitted and placed on file, or copied as aforesaid, together with certificate of the oath ; or such drawings may be made in the office, under the direc- tion of the Commissioner, in conformity with the specification. And it shall be the duty of the Commissioner to take such measures as may be advised and determined by the board of commissioners pro- vided for in the fourth section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being so tran- scribed and recorded. And it shall be 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 Office, 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 office ; and also to make out and transmit to said Com- missioner, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing, which shall be specially required by said Commissioner. Sec. 2. AMd he it further enacted^ That copies of such record and s«<'>i recorded drawings, certified by the Commissioner, or, in his absence, by the ma jade evidence chief clerk, shall be prima facie evidence of the particulars of the ^". 5^'^, courts, as 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 evidence, 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 sep- arate from the patent, verified as aforesaid, deposited in the Patent Office ; 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 he it further enacted^ That whenever it shall appear to Commissioner in the Commissioner that any patent was destroyed by the burning of 'J]'"*Jj'-"'5'J'J'*."'/j[[^,J*j the Patent Office building on the aforesaid fifteenth day of Decern- in i»!«ce of the one 2 ^^ ^Kf PATENT LAWS. destroyed by burn- ber, or was otherwise lost prior thereto, it shall be his duty, on ap- Office^ ^^* Patent plication therefor by the patentee or other person interested therein, to issue a new patent for the same invention 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^ Jioiuever, 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 admissible 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.* Restoration of Sec. 4. And he it further enacted, That it shall be the duty of the by burnin^t'^^orPat^ Commissioner to procure a duplicate of such of the models destroyed ent Office. 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 the Commissioner in issuing patents, and to protect the rights of the public and of paten- tees in patented inventions and improvements : Provided, That a duplicate of such models may be obtained at a reasonable expense : And 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 com- posed 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 may be proper and necessary to carry the provisions of this section into efiect, according to its true intent. Surrender and Sec. 5. And he it further enacted. That w^henever a patent shall severar~arrto 'be^6 returned for Correction and reissue, under the thirteenth section w?'^^*^ d^" r^*^^^" *^^ *^^ ^^^ ^^ which this is additional, and the patentee shall desire models are requir- several patents to be issued for distinct and separate parts of the for iost"inodeb ^^"'"^ ^^^^S Patented, he shall first pay, in manner and in addition to the sum provided by that act, the sum of thirty dollars for each ad- ditional patent so to be issued : Provided, however. That no patent made prior to the aforesaid fifteenth day of December, shall be cor- rected 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 addition of an improvement be made to any patent heretofore granted, nor any new patent be issued for an improvement made in * See section 2, page 24. PATENT LAWS. 19 any machine, manufacture, or process, to the original inventor, assig- nee, or possessor of a patent therefor, nor any disclaimer be admitted to record, until a duplicate model and drawing i^f the thing originally invented, verified as aforesaid, shall have been deposited in the Patent Office, if the Commissioner shall require the same ; nor shall any patent be granted for an invention, 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 third 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 the fourth section, under the same limitations and restrictions as are herein prescribed. Sec. 6. And he it further enacted^ That any patent, hereafter to be Patents may be issued, may be made and issued to the assignee or assignees of the^yp^ifcateS-awinS inventor or discoverer, the assignment thereof being first entered of required, record, and the application therefor being duly made, and the speci- fication 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 the office, and the other to be annexed to the patent, and con- sidered a part of the specification. Sec. 7. And he it further enacted, That whenever any patentee Disciaimera can shall have, through inadvertence, accident, or mistake, made his^J^g^^^^g^^^^i^P^J^ specification of claim too broad, claiming more than that of which he affect pending ac- was the original or first inventor, some material and substantial part ^^^^' of the thing patented being truly and justly his own, any such paten- tee, his administrators, executors, and assigns, whether of the whole or of a sectional interest therein, may make disclaimer 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 pay- ment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such dis- claimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him, subsequent to the record thereof. But no such disclaimer shall affect 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 itficrther enacted, That whenever application shall Additional im- be made to the Commissioner for any addition of a newly discovered Ji"in^i^9^"e(i patent improvement to be made to an existiner patent, or whenever a patent ^^"^ alterations of A O JT / ^ ^ i ^ 6V6rV KlUQ SUDJOCt shall be returned for correction and reissue, the specification of claim patent to reoxam- annexed to every such patent shall be subject to revision and re- ^"*^'<^"- striction, in the same manner as are original applications for patents; the Commissioner shall not add any such improvement to tlio patent in the one case, nor grant the reissue in tlie other case, until the ap- plicant shall have entered a disclaimer, or altered his specification of 20 PATENT LAWS. claim in accordance with the decision of the Commissioner ; 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 privileges and proceedings, as are provided by law in the case of original applications for patents, hen claims Sec. 9. And be it further e7iacted, (^anything in the fifteeriih. sectiou broad as^toTtfciude of the act to which this is additional to the contrary notwithstanding,) more than patentee That whenever, bv mistake, accident, or inadvertence, and without IS GntltlGQ to Hclt" / •/ / ' / ent not violated, any wilful default or intent to defraud or mislead the public, any be^haci^"^^^^ °^'^^* P^^^^^^® ^^^^^ have, in his specification, claimed to be 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 in- ventor, 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 hona fide his own : Provided^ It shall be 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 executors, administrators, 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 infringement of such part of the invention or discovery as shall be hona fide his own as aforesaid, notwithstanding the specification may embrace more 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 entered at the Patent Office, prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right : Provided^ however^ That no person bringing any such suit shall be entitled to the benefits of the provisions con- tained in this section, who shall have unreasonably neglected or de- layed to enter at the Patent Office a disclaimer as aforesaid. Sec. 10, And he it further enacted^ That the Commissioner is hereby authorized and empowered to appoint agents in nut exceeding twenty of the principal cities or towns of the United States, as may best accommodate the different sections of the country, for the pur- pose of receiving and forwarding to the Patent Office all such models, specimens of ingredients, and manufactures, as shall be in- tended to be patented or deposited therein, the transportation of the same to be chargeable to the Patent Fund. Sec. 11. And he 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 additional copying clerk, at an annual salary of eight hundred dollars. And the Commissioner is also authorized to employ, from time to time, as many temporary clerks as may be necessary to execute the copying and draughting required by the first section of this act, and to examine and compare the records with the originals, who shall receive not exceeding, seven cents* for every page of one hundred words, and for drawings and comparison of rec- * See section 2, page 21. Agents to trans mit models, Additional clerks, their eompensation. PATENT LAWS. 21 ords witli originals such reasonable compensation as shall be agreed upon or prescribed by the Commissioner. Sec. 12. And he it further enacted, That whenever the application^ yithdrawai fees of any foreigner, for a patent shall be rejected and withdrawn for want of novelty in the invention, pursuant to the seventh section of the act to which this is additional, the certificate thereof of the Com- missioner 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 it further enacted, That in all cases in which an Affirmations, oath is required by this act, or by the act to which this. is additional, if the person of whom it is required shall be conscientiously scupulous of taking an oath, affirmation may be substituted therefor. Sec. 14. And he it further enacted, That all moneys paid into the Creation of the Treasury of the United States for patents, and for fees for copies fur- fees accruing in the nished by the Superintendent of the Patent office prior to the pas-p^^^^jj^^^^^^JP^^^^. sage of the act of which this is additional, shall- be carried to the its expenses An- credit of the Patent Fund created by said act; and the moneys con- ^e ^jnade o™ condi- stituting said fund shall be, and the same are hereby, appropriated ^ion «f office, 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 purposes 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 effect 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 Jan- uary, annually, a list of all patents which shall have been granted during the preceding year, designating, under proper heads, the sub- jects of such patents, and furnishing an alphabetical 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 the progress of the Useful Arts.'' Be it enacted by the Senate and House of Representatives of the Assistant examin- United States of America in Congress assembled, Tliat there shall be *^"- appointed, in manner provided in the second section of the act to which this is additional, two assistant examiners, each to receive an annual salary of twelve hundred and fifty dollars. Sec. 2. And be it further enacted, That the Commissioner be au- Temporary clerks, thorized to employ tempora-ry clerks to do any necessary transcribing, whenever the current business of the office requires it: I^rovi'ded, however, That instead of salary, a compensation shall be allowed, at 22 PATENT LAWS. a rate not greater than is charged for copies* now furnished by the office. Patent lists. ,Sec. 3. And he it further enacted, That the Commissioner is hereby- authorized to pubhsh a classified and alphabetical list of all patents granted by the Patent Office previous to said publication, and retain one hundred 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 that one thousand dollars, if necessary, be appropriated, out of the Patent Fund, to defray the expense of the same. £gjj(._ Sec. 4. And he it further enacted, That the sum of three thousand six hundred and fifty -nine dollars and twenty-two cents be, and is hereby, appropriated from the Patent Fund, to pay for the use and occupation of rooms in the City Hall by the Patent Office. Books. Sec. 5, And he it further enacted, That the sum of one thousand dollars be appropriated from the Patent Fund, to be expended under the direction of the Commissioner, for the purchase of necessary books for the library of the Patent Office. Previously pat- ^^^* ^' -^^^ ^^ it further enacted, That no person shall be debarred enting abroad. 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 aforeign country more than six months 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 provided, also. That in all cases every such patent shall be limited to the term of fourteen years from the date or publication of such foreign letters patent. Prior use of an Sec. 7. And he it further enacted. That every person or corporation invaiiS ^tuie^to ^^^ ^^^' ^^ shall have, purchased or constructed any newly invented patent, machine, manufacture, or composition of matter, prior to the appli- cation by the inventor or discoverer for a patent, shall be held to possess the right to use, and vend to others to be used, the specific machine, manufacture, or composition of matter so made or purchased, without liability therefor to the inventor, or any other person in- terested in such invention ; and no patent shall be held to be invalid 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 appKcation for a patent. Assignments to Sec. 8. And he it further enacted. That so much of the eleventh e recor e ree. gQ^i^JQjj ^f ^]^g above recited act as requires the payment of three dol- lars to the Commissioner of Patents for 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 conveyances shall, in future, be recorded without any charge whatever. f Agricultural sta- Sec. 9. And he it further enacted. That a sum of money, not ex- ceeding one thousand dollars, be, and the same is hereby, appro- priated out of the Patent Fund, to be expended by the Commis- * See section 4, page 8. f See section 2, page 26. lie I PATENT LAWS. 23 sioner of Patents, in the collection of agricultural statistics, and for other agricultural purposes ; for which the said commissioner shall account in his next annual report. Sec. 10. And be it further erfaded, That the provisions of the six- ^^PPf^^^^fro^Com- teenth section of the before-recited act shall extend to all cases where Justice. Patentee patents are refused for any reason whatever, either by the Com- p^nses/^"^ ^^ ^^ missioner of Patents, or by the Chief Justice of the District of Co- lumbia, upon appeals from the decision of said Commissioner, as well as where the same shall have been refused on account of, or bv reason of, interference with a previously existing patent ; and in all cases where there is no opposing party, a copy of the bill shall be served upon the Commissioner of Patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise. Sec. 11. And he it further enacted. That in cases where an appeal, Pro<»edingstobe ■I 1 1 r> 1 1 • • p 1 >-i . . ^^ pi^aa on appeals to is now allowed by law irom the decision oi the Commissioner oi the Chief Justice of Patents to a board of examiners provided for in the seventh section lumbiT.^"^'^ °^ ^^ 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 Columbia, 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, specifically 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 de- termine all such appeals, and to revise such decisions in a summary way, on the evidence produced before the Commissioners, at such early and convenient time as he may appoint, first notifying the Commissioner of the time and place of hearing, whose duty it shall be to give notice thereof to all parties who appear to be interested therein, in such manner as said judge shall prescribe. The Commis- sioner shall also lay before the said judge all the original papers 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 re- quest of any party interested, or at the desire of the judge, the Com- missioner 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 certificate of his proceed- ings and decision, which shall be entered of record in the Patent Office ; and such decision, so certified, shall govern the further pro- ceedings of the Commissioner in such case : Provided, however, That no opinion or decision of the judge in any such case shall preclude any person interested in favor of or against the validity of any patent which has been, or may hereafter be, granted, from the right to con- test the same in any judicial court, in any action in which its validity may come in question. Sec. 12. And he it further enacted, That the Commissiouor of, Kcpuintlons for 1 n 1 1 ■ • takuic testimony Patents shall have power to make all such regulations m respect to in contesting a pat- the taking of evidence to be used in contested cases before him, as^[)^^jp/^^\^^\^,jg^'^' ♦ See act approved 30th August, 1852 24 PATENT LAWS. may be just and reasonable. And so much of the act of which this is additional as provides for a board of examiners is hereby repealed Fees of Chief Sec. 13. And he it further enacted, That there be paid annually Justice. ^^^ ^£ ^-^^ Patent Fund, to the said Chief Justice, in consideration of the duties herein imposed, the sum of one hundred dollars.* Approved March 3, 1^39. 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. Fees paid into ^^ *'^ enacted hy the Senate and House of Representatives of the the Treasury by United States of America in Congress assemhlcd. That the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the Patent Fund, any sum or sums of money, to any person who shall have paid the same into the Treasury, or to any receiver or depositary to the credit of the Treasurer, as for fees accruing at the Patent Office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to the said Treasurer by the Commissioner of Patents. Recording lost Sec. 2. And he it further enacted, That the third section of the act patents ane%\ . of March, eighteen hundred and thirty-seven, which authorizes the renewing of patents lost prior to the fifteenth of December, eighteen hundred and thirty-six, is extended to patents granted prior to the said fifteenth day of December, though they may have been lost sub- sequently : Provided, however, The same shall not have been recorded anew under the provisions of said act. Ornamental de- Sec. 3. And he it further enacted, That any citizen or citizens, or tiles' &c""Term of ^^i^n or aliens, having resided one year in the United States, and patent, and fees, taken the oath of his or their intention to become a citizen or citizens, who by his, her, or their own industry, genius, efforts, and expense, may have invented or produced any new and original design for a manufacture, whether of metal or other material or materials, or any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new and original design for a bust, statue, or bas-relief, or composition in alto or basso relievo, or any new and origind impres- sion or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern, or print, or picture, to be either worked into or worked on, or printed, or painted, or cast, or otherwise fixed on any article of man- ufacture, or any new and original shape or configuration of any article of manufacture, not known or used by others before liis, her, or their invention or production thereof, and prior to the time of his, her, or their application for a patent therefor, and who shall desire to obtain an exclusive property or right therein to make, use, and sell, and vend the same, or copies of the same, to others, by them to be made, used, and sold, may make application, in writing, to the Com- missioner of Patents, expressing such desire ; and the Commissioner, on due proceedings had, may grant a patent therefor, as in the case now of application for a patent : Provided, That the fee in such cases, which by the now existing laws would be required of the par- * Kepealed. — See section 3 of the act approved 30th August, 1852. PATENT LAWS. 25 ticular applicant, shall be one half the sum, and that the duration of said patent shall be seven years ; and that all the regulations and provisions which now apply to the obtaining or protection of patents, not inconsistent with the provisions of this act, shall apply to appli- cations under this section. Sec. 4. And be it further enacted^ That the oath required for ^^JJ'^J'^^j^^JJ^ **^^ applicants for patents may be taken, when the applicant is not, for tee resides abroad, the time being, residing in the United States, before any minister plenipotentiary, charge d'affaires, consul, or commercial agent hold- ing commission under the government of the United States, or before any notary public of the foreign country in which such applicant may be. Sec. 5. And be it further enacted. That if any person or persons. Penalty for affix- ,,, . .-^ ' •'^ ^ ing the word pat- snall pamt, or prmt, or mould, cast, carve, or engrave, or stamp upon ent on goods with- anything made, used, or sold by him, for the sole making or selling ^J^^J^ ^*^°'^^®^J^Jg which he hath not, or shall not have, obtained letters patent, the there is no patent, name, or any imitation of the name of any other person who hath, or shall have, obtained letters patent for the sole making and vend- ing of such thing, without consent of such patentee, or his assigns or legal representatives ; or if any person, upon any such thing not having been purchased from the patentee, or some person who pur- chased it from or under such patentee, or not having the license or consent of such patentee, or his assigns or legal representatives, shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise make or affix the word "patent," or the words "letters patent," or the word "patentee," or any word or words of like kind, meaning, or import, with the view or intent of imitating or counterfeiting the stamp, mark, or other device of the patentee, or shall affix the same, or any word, stamp, or device of like import, on any unpatented ar- ticle, for the purpose, of deceiving the public, he, she, or they, so offending, shall be liable for such offence to a penalty of not less than one hundred dollars, with costs, to be recovered by action in any of the circuit courts of the United States, or in any of the district courts of the United States having the powers and jurisdiction of a circuit court ; one half of which penalty, as recovered, shall be paid to the Patent Fund, and the other half to any person who shall sue for the same. Sec. 6. And be it further enacted, That all patentees and assign- Penalty for not ees of patents hereafter granted are hereby required to stamp, en- en*ted good?^ ^*' grave, or cause to be stamped or engraved, on each article vended or offered for sale, the date of the patent; and if any person 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 same manner specified in the foregoing fifth section of this act. Approved August 29, 1842. Section 15 of the act entitled " An act to provide for tlie better organization of the Treasury, and for the collection, safekeeping, transfer, and disburse- ment of the public revenue," approved August 6, 1846. And be it further enacted, That all marshals, district attornovs, and others having public money to pay to the United States, and all 26 PATENT LAWS. patentees wishing to make payment for patents to be issued, may pay all such moneys to the Treasurer of the United States, or to the treasurer of either of the mints in Philadelphia 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 pay- ments, and give receipts or certificates of deposit therefor. AN ACT to provide additional examiners in the Patent Office, and for other purposes. To increase the -^^ ^'^ enacted hy the Senate and House of Representatives of the number of princi- United States of America^ in Congress assemhled, That there shall be exanfiners.^and the appointed, irf the manner provided in the second section of the act eSh^"*^^^^^^**'®^^^^^^^ "An act to promote the progress of useful arts, and to repeal all acts or parts of acts heretofore 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 Office ; and that hereafter each of the principal examiners employed in the Patent Office shall receive au annual salary of twenty -five hundred dollars, and each of the assistant Power to extend ®^^^^^^^^ ^^ annual Salary of fifteen hundred dollars: Provided^ patents vested sole- That the power to extend patents, now vested in the board composed sionerofPatente? of the Secretary of State, Commissioner of Patents, and Solicitor of the Treasury, by the eighteenth section of the act approved July fourth, eighteen hundred and thirty-six, respecting the Patent Office, shall hereafter be vested solely in the Commissioner of Patents ; and when an application is made to him for the extension of a patent ac- Sixty days' no- cording to said eighteenth section, and sixty days' notice given tice must be given, thereof, he shall refer the case to the principal examiner having charge of the class of inventions to which said case belongs, who shall make a full report to said Commissioner of the said case, and particularly whether the invention or improvement secured in the patent was new and patentable when patented ; and thereupon the said Commissioner shall grant or refuse the extension of said patent, upon the same principles and rules that have governed said board ; but no patent shall be extended for a longer term than «even years. Pees for record- Sec. 2. And he it further enacted, That hereafter the Commis- ing assignments, gioner of Patents shall require a fee of one dollar for recording any assignment, grant, or conveyance of the whole or any part of the interest in letters patent, or power of attorney, or license to make or use the thing patented, when such instrument shall not exceed three hundred words, the sum of two dollars when it shall exceed three hundred and shall not exceed one thousand words ; and the sum of three dollars if it shall exceed one thousand words ; which fees shall in all cases be paid in advance. Additional re- Sec. 3. And he it further enacted, That there shall be appointed, pointed. ^'^^'^^^ *P'in manner aforesaid, two clerks, to be employed in copying and re- cording, and in other services in the Patent Office, who shall each be paid a salary of one thousand two hundred dollars per annum. Documents to be Sec. 4. And he it further enacted, That the Commissioner of I PATENT LAWS. 27 Patents is hereby authorized to send by mail, free of postage, the mailed free of post- annual reports of the Patent Office, in the same manner in which he *^®' is empowered to send letters 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 Treas- ury and a Commissioner of the Customs," approved March '6, 1849. A.nd be it further enacted^ That the Secretary of the Interior shall Secretary of the exercise and perform all the acts of supervision and appeal in regard s°pervMon° over to the office of Commissioner of Patents, now exercised by the Sec- the Patent Office, retary of State ; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the Treas- ury, or estimates, or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the First or Fifth Auditor and First Comptroller of the Treasury. Sectiox 2 of the act entitled " An act making appropriations for the civil and diplomatic expenses of government," &c., approved March 3, 1851. And he it further enacted, That there shall be-appointed and paid, , increase of exam- 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. AN ACT in addition to an act to promote the progress of the Useful Arts. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That appeals provid- ed for in the eleventh section of the act entitled "An act in addition to an act to promote the progress of the useful arts," approved March the third, eighteen hundred 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 powers, duties, and responsibilities imposed by the aforesaid act, and conferred upon the chief judge, are hereby imposed and conferred upon each of the said assistant judges. Sec. 2. And be it further enacted, That in case appeal shall be To whom appeals made to the said chief judge, or to either of the said assistant judges, "^*^ ^^'^ ^' the Commissioner of Patents shall pay to such chief judge, or assist- ant 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. Sec. 3. yind be it further enacted, That section thirteen of the aforesaid act, approved March the third, eighteen hundred and thirty- nine, is hereby repealed. Approved August 30, 1852. 28 PATENT LAWS. Extracts from the act entitled " An act making appropriations for the civil and diplomatic expenses of the government for. tbe j^ear ending the thir- tieth of Jane, 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, five thousand dollars. For compensation of the librarian of the Patent Office, twelve hundred dollars, to be paid out of the Patent Fund. For books of the library of the Patent Office, 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 draughts- man in the Patent Office, the sum of three hundred dollars each, to be paid out of the Patent Office Fund ; and that hereafter the disbursing clerk shall be required 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 be 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 biU of 3d March, 1853, provides for eight clerks of the second class, twelve (including six assistant examiners) of the third class, and one of the fourth class ; and also provides for an increase of the salary of the chief clerk to two thousand dollars. Act of the 2 2d April, 1854, allows additional compensation to clerks, messenger, &c. Section 1 of the deficiency bill of the 31st May, 1854, appropriates forty-five thousand dollars for furnishing the rooms of the new wing of the Patent Office building with furniture, and providing the saloon therein with cases for models. The general appropriation bill of 4th August, 1854, appropriates two thousand nine hundred and eighty dollars to pay the keepers, &c., in the National Gallery, and one hundred dollars for contingent expenses. Also provides for reimbursing to the Patent Fund sixteen thousand dollars. Extracts from the General Appropriation Bill of March 3, 1855. Sec. 1. For the preservation of the collections of the Exploring Expedition. For compensation of keepers, watchmen, and laborers, two thou- sand nine hundred and eighty dollars. For contingent expenses, two hundred dollars. PATENT LAWS. 29 Sec. 10. Aiid he it further enacted, That there shall be appointed An increase in and paid, in the manner now provided by law, four principal exam- aminers. iners and four assistant examiners of patents, in addition to the ex- amining force now authorized by law to be so employed in the Patent Office ; and should the necessities of the public service, in the estima- tion of the Commissioner of Patents, require any additional examining force to that herein provided, previous to the next session of Congress, there may also be appointed and paid, in the manner now provided by law, in addition to the foregoing, not exceeding two principal and two assistant examiners, who shall not so continue to be employed subsequent to the expiration of said next session of Congress without further provision of law. Sec. 20. For the reimbursement of the Patent Office Fund for moneys heretofore paid out of appropriations of acts of Congress for seeds and the collection of agricultural statistics, forty thousand and seventy-eight dollars and seventy-eight cents, to be paid out of any moneys in the Treasury not otherwise appropriated. Sec. 25. And be it further enacted, That the first assistant exam- iners in the Patent Office shall be rated as of the fourth class of clerks, and the second assistant examiners, machinist, and librarian as of the third class. U. S. Patent Office, February 25, 1856. DEFICIENCY BILL of May 15, 18oG. For the collection of agricultural statistics, investigations for pro- moting agricultural and rural economy, and the procurement and distribution of cuttings and seeds, to be expended under the direction of the Commissioner of Patents, thirty thousand dollars. AN ACT making appropriations for certain civil expenses, «tc. — August 18, 1856. Sec. 1. For the collection of agricultural statistics, investigations for promoting agriculture and rural economy, and the procurement and distribution of cuttings and seeds, seventy -five thousand dollars, to be expended under the direction of the Commissioner of Patents : Provided, That the Commissioner shall report to Congress the varies [various] kinds and amounts of saids [seeds] purchased and to be purchased under this appropriation, from whom and where obtained, and the cost of the same. Sec. 9. And be it further enacted, That there shall be appointed and paid, in the manner now provided by law, two principal exam- iners and two assistant examiners, in addition to the exaniininc: force now authorized by law to be so employed in the Patent Office. Sec. 10. yind be it further enacted, That the Commit^sioner of Patents is hereby authorized to pay those employed in tlie United States Patent Office from April first, eighteen hundred and fifty -four, until April first, eighteen hundred and fifty-five, as examiners and 30 PATENT LAWS. assistant examiners of patents, at the rates fixed by law for these respective grades : Provided^ That the same be paid out of the Patent Ofiice Fund, and that the compensation thus paid shall not exceed that received by those duly enrolled as examiners and assistant ex- aminers of patents for the same period. AN ACT making appropriations for the legislative, &c., expenses. — August 18, 1856. For the preservation of the collections of the Exploring Expedition. For compensation of keepers and watchmen therefor, and for laborers employed at the rate of four hundred and eighty dollars per annum — per act fourth August, eighteen hundred and fifty-four — three thou- sand two hundred and ten dollars. For contingent expenses, two hundred dollars. AN ACT making appropriations for certain civil expenses, &c. — March 3, 1857. For drawings to illustrate the report of the Commissioner of Pa- tents for the year 1857, six thousand dollars. For flooring the basement rooms in the old portion of the Patent Office building to make them fit for business purposes, painting the interior of said building, repairing roof, and for other incidental repairs, eight thousand dollars. For preparing the saloon of the west wing of the Patent Office for the reception of models for patents, and for fitting up and furnishing the same with suitable cases, fifty thousand dollars. AN ACT making appropriations for sundry civil expenses, &c. — June 12, 1858. For collection of agricultural statistics, investigations for promoting agriculture and rural economy, and the procurement of cuttings and seeds, sixty thousand dollars : Provided^ That it shall be the duty of the Commissioner of Patents to submit to the Secretary of the In- terior, at the commencement of 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 Commis- sioner of Patents for the year eighteen hundred and fifty-eight, six thousand dollars. AN ACT providing for keeping and distributing all public documents. — Feb- ruary 5, 1859. ******** Department of Sec. 8. And he it further enacted^ That all books, maps, charts, ed^ wit^ the*^ laws and other publications of every nature whatever heretofore deposited PATENT LAWS. 31 in the Department of State according to the laws regulating copy- regulating copy- rights, together with all the records of the Department of State in "s^*^- regard to the same, shall be removed to, and be under the control of, the Department of the Interior, which is hereby charged with all the duties connected with the same, and with all matters pertaining to copyright, in the same manner and to the same extent that the De- partment of State is now charged with the same ; and hereafter 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. — March 3, 1859. ******** Sec. 4. And he it further enacted, That the Secretary of the In- terior be, and he is hereby, directed to cause the annual report of the Commissioner of Patents on mechanics, hereafter to be made to the Senate and House of Representatives, to be prepared and submitted in such manner as that the plates 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 pages. AN ACT making appropriations for sundry civil expenses, &c. — March 3, 1859. For collection of agricultural statistics, investigations for promoting agriculture and rural economy, and the procurement of cuttings and seeds, forty thousand dollars: Provided^ That no part of this appro- priation shall be used or expended in defraying the expenses of any body of men or delegates assembled in Washington or elsewhere as an agricultural congress, or advisory board on agriculture, convened under the orders or by authority of the Secretary of the Interior, or any other person under any name or for any pretended object whatever. For making cases and fitting up rooms in the Patent Office build- ing to receive copyright books, charts, and other copyright matter, and for transferring, arranging, and taking care of the same, thirty- six hundred dollars. AN ACT making appropriations for sundry civil expenses, &c. — June 25, 186i. 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, however, That in the ex- penditure of this appropriation, and, especially, in tlie selection of cuttings and seeds for distribution, due regard shall be liad to the purposes of general cultivation, and the encouragement of the agri- 82 PATENT LAWS. cultural and rural interests of all parts of the United States : Provided^ That no part of this amount shall be expended as a commission, ex- change, 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, employee, or member of the family of any such clerk, mes- senger, watchman, or other person so employed by the United States as aforesaid ; and should the provisions of this section be violated, or any such employee of the United States be detected or be known to sell, exchange, or otherwise dispose of any cutting, seed, or other property arising from this or any previous agricultural appropriation by Congress, every such clerk, messenger, watchman, or other per- son receiving a salary or wages, as aforesaid, shall be dismissed from office. For expenses of receiving, arranging, and taking care of cojoyright books, charts, and other copyright matter, one thousand four hundred dollars. ******** Sec. 5. And he it further enacted, That the Commissioner of Patents is hereby authorized to pay those employed in the Patent Office from April first, eighteen hundred and fifty-five, until April first, eighteen hundred and sixty, as examiners and assistant exam- iners of patents, at the rates fixed by 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 patents for the same period. September 6, 1850. RULES AND DIRECTIONS FOR ^' ■«lllJiflgi IN THE PATENT OFFICE. % INDEX. Section Additional Improvements, (See Reissues.) Agents to receive and forward models, specifications, &c. (See Patent.) Aliens. (See Patents obtained by aliens ; also, Designs.) Amendments : Of specifications or claims, how made and filed, . . . 98,100 Forms of amendments, ...... 99 Original papers, with amendments, must be returned to oflSce, . 101 Amendments made by writing out entire papers anew, . . 102 Where papers are returned to applicant for amendment, precautions to be observed, ....... 103 Where affidavit and signature of applicant are on separate pieces of paper, ........ 104 Appeals : To whom applicant may appeal after making oath or aflBrmation anew, ........ 38 Mode of appeal, ....... 39 Blanks for notice, reasons of appeal, petition, and copies of appellate judge's rules, forwarded on request, .... 39 Application for patent. (See Patent.) Assignments : Of entire interest before patent granted, .... 73 Fee required in case of assignment of entire interest by foreigner, 73 Assignment for specified portions of United States after patent granted, ........ 74 When to be recorded, ...... 75 If not recorded within three months, ... .75 When patent is to issue in name of assignee, correspondence should be in his name, ....... 76 Receipt of, not generally acknowledged, .... 76 Wheu recorded, ....... 77 Forms of, ........ 78 Caveats : Who may file caveat. ...... 62 When caveator is entitled to notice to complete specification and go into interference, ....... 62 When not entitled to notice, ..... 63 May renew his caveat from year to year by paying additional fees, 63 Must be accompanied by oath, ..... 03 36 CONTENTS. Caveats: Particulars of oath, ...... 63 Description required in caveat, ..... 64 Caveat papers, when once filed, cannot be withdrawn or altered, 65 Additional papers may be appended, date being noted ; when, . 65 When the right to notice expires in regard to subject of papers filed supplementary to original caveat, . . . . . 66 Additional papers not relating to invention first caveated not noticed, ........ 66 "Who may obtain copies of caveat papers, .... 67 Should be accompanied by drawings or sketches, even by model, if convenient, . . . . . . . 68 Form of Caveat, ........ 69 Correspondence, ruks of: All correspondence in the name of the Commissioner, . . 92 Correspondence with principal and agent, .... 93 Official communications to and from Commissioner free of postage, 94 Designs : Application, how made, . . . . . . 56 In case of rejection, no part of fee refunded, .... 33 Aliens, conditions required of, to obtain a p.itent, . . 57 Form of petition, specification, and oath, .... 58 Disclaimer. (See Reissues.) Drawings. (See Patent.) Examination : All cases arranged in classes, ...... 25 Examinations in the same class made in the order of application, . 25 Exceptions, ....... 25 Amendments of defective specifications or drawings, . . 26 When a second affidavit and signature of witnesses required, . 26 Case placed at foot of list, . . . . . .27 Alterations after case examined and claim allowed, how made, . 28 In case of patent granted, ...... 28 Personal attendance of applicant not necessary, ... 29 All correspondence must be addressed to Commissioner, . . 29 When application has been finally decided, office will retain original papers, ........ 30 Copies furnished applicant at usual expense, . . . . 40 Patent to whom sent, . . .... 31 Extensions : In whom the power of extending for seven years is vested, . . 53 What must be first decided, . ... . . 55 When applicant should file petition and pay requisite fee, . . 54 Office has no power to renew an expired patent, ... 5^ Statement required of applicant^ how made and when filed, . 55 Person opposing the extension, what required of him and to what entitled, . . . . . . . . 55 What testimony may be rejected, . . ... 55 CONTENTS. 37 Section. Extensions : Days fixed in notice of application for extension, . . 55 Depositions and other papers relied upon as testimony, when filed, 55 Arguments, when filed, . . . . . ' . 55 Applications for a postponement, how made and supported, . 55 Fees, office, and how payable : Fees required to be paid in advance, .... 79 Tarifi" of fees established by law, . . ... 80 Advisable to deposit fee with authorized officer, ... 81 May be remitted by mail at risk of owner, . . . . 81 Letter should specify amount enclosed, .... 81 Duplicate receipt, when required and what specifying, . , 82 Certificate of deposit, form of, .... . 82 Officers authorized to receive patent fee on account of Treasurer of the United States, . . . . . . . 83 Certificate forwarded to office, ..... 83 All money sent by mail, to or from office, at risk of owner, . . 84 Money should never be enclosed with models, ... 8i All payments to or by office made in specie, ' • . So Filing and preservation of papers: Claims, specifications, and amendments filed, how written, . 95 Mode of endorsement of papers filed, ..... 96 Papers filed regarded as permanent records, ... 97 Only changed to correct clerical mistakes, .... 97 Foreign Patents. (See Patents, foreign.) Information, giving or withholding : Pending application, how far secret, . . . 103,109,110 Information given in case of patent issued, or patent refused, and application abandoned, ...... 107 Models, specifications, and drawings open to inspection, . 107 How long application regarded as pending after case ia rejected, . 108 Cases of secrecy removed — Where interference is declared between two pending applications, 109 Where rejection is founded upon case previously rejected but not withdrawn, . . . . . . . 100 Where device is found described, not claimed, in pending applica- tion previously filed, . . . . . .110 General rule where application describing device is subsequent in date to one in which device is claimed, . . . . Ill Exceptions to general rule, . . . . . .111 Where office will not respond to inquiries, . . . . 11- All business should be transacted in writing, . . 11^^ Action of office predicated on written record and reception, 11<^ In cases of doubt, &c., no attention paid to alleged verbal promise. 113 Interferences : When granted, ....... -40 Days fixed for eloping testimony and hearing cause, 41 Arguments of counsel (ik'd before day of hearing, . • . 41 Course jiursucd wlien postponement is desired, . -11 38 CONTENTS. Section. Models. (See Patent:) Officers authorized to receive patent fees on account of the United States Treasurer. (See Fees, office) Patent : What will prevent the granting of a patent, ... The mere fact of prior invention abroad will not prevent the issue of a patent, ....... The invention must have been reduced to a practical form, Mode of proceeding to obtain a patent, .... Application, by whom made, . . Must be in writing, signed by applicant, and addressed to Commis- sioner, . . ' . Petition, usual form of, ..... . Specification, . . . . . . The precise invention must be set forth in specification, When claimed as a mere improvement, or as substantially differing from another invention, ..... Two or more separate machines not allowed to be the subject of one patent, .'...... By whom signed, ....... Should describe the sections of the drawings, and refer by letters and figures to the different parts, ..... Forms of, ....... . Mast be signed by the inventor and attested by two witnesses, Oath, and forms of, .... . Before whom taken, ..... When taken in another country, . . Drawings, ........ Should generally be in perspective, ..... When in plans, sections, or details, Duplicate drawings required, .*.... How executed, ....... Should be signed by the applicant and attested by two witnesses, Model, ......... How made, ....... The name of the inventor (also of the assignee, if assigned) must be permanently aflSxed, ...... When tbe invention is of a composition of matter, specimens of the ingredients and composition required, .... I'he name of the inventor (also of the assignee, if assigned) must be permanently affixed, ....... What previously required for the examination or filing of a case, Patenify foreign : A patent previously obtained here is not prejudiced by a subsequent foreign patent, The taking out of a patent in a foreign country does not prevent the obtaining of a patent here, ...... 6 7 8 8 9 9 10 10 10 11 12 12 12 13 14,15 16 17 18 18 18 19 19 19 20 20 20 21 21,22 23 59 59 CONTENTS. 89 Section. Patents, fm^eign : A patent subsequently obtained here extends fourteen years from date of foreign patent, ...... 59 Cases acted upon as soon as application is completed, ... 59 Course to be pursued where applicant seeks to make his a preferred case, ........ 60 Patents obtained by aliens : Where patent granted to alien will cease to protect him, . . 61 Patentee : Who may obtain a patent, ..... 1 Assignees of entire interest, ...... 2 Legal representatives of a deceased inventor, ... 3 Joint inventors entitled to a joint patent, . ... . 4 Penalties for certain acts : For not affixing the date of the patent on articles vended or oflFered for sale, ........ 70 For afifixing the name of patentee without authority, . . 71 For affixing the words " patent" or " letters patent," or the stamp, mark, or device of any patentee, on an unpatented article, . 71 Petition. (See Potent.) Reconsiderations, rules for : Where application for Patent is rejected for want of novelty, appli- cant furnished with references to cases, and explanation, . 1C5 Applicant may answer in writing, .... 105 May reply in person or by agent before examiner, . . . 105 Days and hour for interview with examiner, . . . 105 In case of second rejection, case examined by Commissioner, or refer- red to board of examiners, . . . . . .105 Their decision, as far as act of oflBce concerned, final, . . 105 Final remedy by appeal, ...... 105 Reissues and additional improvements : Reissue, when allowed, . . . . . . 43 What may be the subject of a reissue, general rule, ... 44 Additional improvement, when and to whom allowed, . . 45 A reissue or additional improvement expires same time as original pat* ent would have done, ...... 46 In case of reissue, applicant may have several patents issued for sev- eral distinct parts of thing patented, .... 47 What previously required, ...... 47 Original claim may be revised and restricted, as in original appli- cations, ........ 48 Yet applicant, if he prefers, may retain old patent, . . 49 Form of application for reissue and additional improvement, . 50 Disclaimer, when filed, ...... 61 Form of a disclaimer, . . .... 52 When made by original patentee, must be so expressed, . 52 Repayment of money : What money will be refunded, ..... 72 40 CONTENTS. Section. Secret archives, retaining patents in : Ho w long an applicatio^i upon which a patent has been ordered to issue may be retained in, from day on which patent was ordered to issue, ...... . . 36 By whom and how the request must be made, ... 36 Specifications. (See Patent.) Testimony, taking and transmitting : Rules for taking and transmitting evidence in contested cases ;] All statements, evidence, &c., must be in writing, verified by oath, &c., ......... 86 1. Notice given to opposite party, &c., . . . 86 ; 2. Evidence, &c., sealed and addressed to Commissioner, . 86 3. Form of certificate of magistrate for envelope, . . 86 4:. Uz parte testimony in cases of extension, ... 86 5. Exceptions to rules, ..... 86 Service of notice, ....... 87 Notice must be annexed to deposition, with certificate, . . 87 ' Manner of taking testimony, . . . , . * 88 Deposition signed by witness, ..... 88 Certificate of magistrate appended to deposition, . . . 89,91 Technical objections, how noticed at hearing, ... 90 Form observed at taking depositions, .... 91 Form of certificate of magistrate to be appended to deposition, . 91 Magistrate must seal up deposition when completed, and endorse "certificate" upon envelope, . . . . . 91 Withdrawals : Course to be pursued by applicant when wishing to withdraw after application rejected, ...... What applicant may have returned to him, ... 32 Withdrawal not granted to applicants for design, reissue, or addi- tional improvement, . . . • . . 33 Forms of, . . . . . ... .34 Instructions of withdrawer as to manner of paying money, . 35 RULES AND DIRECTIONS FOR PROCEEDINGS IN THE PATENT OFFICE The following information and regulations are mainly intended for the benefit of persons having business with the Patent Office. They are de- signed to be in strict accordance with the acts of Congress applicable to the subject; which acts are printed in pamphlet form, and will be for- warded by the office to any one who may desire them. Who Entitled to a Patent. 1. Any person, whether citizen or alien, may obtain a patent for any invention or improvement made by him, and not before known. For greater particularity, see act of 1836, sections 6 and 7; act of 1842, section 3. 2. The assignee of any invention may have the patent issue to him directly, (act of 1837, section 6 ;) but this is held to apply only to assign- ees 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 wiU issue to his legal representatives. (Act of 1836, section 10.) 4. Joint inventors are entitled to a joint patent; but neither can claim one separately. What will Prevent the G-ranting of a Patent. 5. Even although the applicant has in good faith actually made an in- vention, 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, (act of 1836, section 7 ;) or if he has once abandoned 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. (Act of 1836, section 6; act of 1839, section 7.) 6. The mere fact of prior invention or discovery abroad will not pre- vent the issue of the patent, unless the invention had been there patented, or described in some printed pubhcation. (Act of 1836, section 7 ; also act of 1836, section 15.) 7. Merely conceiving the idea of an improvement or machine in this country, is not such an " invention " or " discovery " as is above contem- plated. The invention must have been reduced to a practical form, either by the construction of the machine itself, or of a model thereof, or at least by making a full drawing of it, or in some other manner equally descrip- /> 42 EULES AND DIRECTIONS — PATENT OFFICE. tive of its exact character, so that a mechanic would be enabled, from the description given, to construct a model thereof, before it will prevent a subsequent inventor from obtaining a patent. (See Hildreth vs. Heath, and Perry vs. Cornell, decided by Judge Cranch on an appeal from the Commissioner.) Mode of Proceeding to Obtain a Patent. 8. The application must be made by the actual inventor, if alive, (act of 1836, section 6,) even although the patent is to issue to the assignee, (act of 1837, section 6 ;) but where the inventor is dead, the application and oath may be made by the executor or administrator. (Act of 1836, section 10.) 9. The application must be in writing, signed by the applicant, and ad- dressed to the Commissioner of Patents. The following is the usual form, to be varied according to circumstances : Petition. To THE Commissioner of Patents : The petition of John Fitch of Philadelphia, in the county of Philadelphia. and State of Pennsylvania, Respectfully repeesents: That your petitioner has invented a new and improved mode of prevent- ing steam-boilers from bursting, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided ; he having paid thirty dollars into the treasury, and comphed with the other provisions of the said act. JOHN FITCH. 10. The applicant must set forth in his specification the precise inven- tion for which he claims a patent. If claimed as mere improvement on another invention, that fact should be clearly stated ; and if claimed as substantially differing from another invention with which it appears to be coincident, the difference must be clearly pointed out. 11. Two or more separate machines will not be allowed to be the sub- ject of one patent, unless connected in their design and operation. 12. The specification must be signed by the inventor, (or by his ex- ecutor or administrator if the inventor be dead.) It should describe the sections of the drawings, (where there are drawings,) and refer hj letters and figures to the different parts. The substantial requisites of the specifi- cation are set forth in the act of Congress, 1836, section 6. The following may be taken as a specimen of the proper form : Specification. To ALL WHOM IT MAY CONCERN : Be it known that I, John Fitch, of Philadelphia, in the county of Phil- adelphia, in the State of Pennsylvania, have invented a new and im- KULES AND DIRECTION'S — PATENT OFFICE. 43 proved mode of preventing steam-boilers from bursting ; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings, and to the letters of reference marked thereon : The nature 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 aperture 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 steam- boiler in any of the known 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, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing ; and in 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 pro- portions as will insure its melting 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 intended to sustain. I surround the opening containing the fusible alloy by a tube B, in- tended to conduct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of explosion. What I claim as my invention, and desire to secure by letters patent, i^ 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 metallic compound, or any other sub- stantially the same, and which will produce the intended effect. JOHN FITCH. Witnesses — Robert Fulton, Oliver Evans. When the application is for a machine, the specification should commence thus: Be it known that I, , of , in the county of and State of , have invented a new and useful machine for [stating the use and title of the machine; and if the application is for an improve- ment, it should read thus : a new and useful improvement on a, or on the, machine, &c.] — and I do hereby declare that the following is a full, clear, and exact de^^cription of the construction and operation of the same ; refer- ence being had to the annexed drawings, making a part of this specifica- tion, in which figure 1 is a perspective view; figure 2 a longitudinal eleva- tion ; figure 3 a tranverse section, &c. ; [thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine; and lastly the claim, which should express the nature and character of the invention, and identify the parts claimed separately or in combination. If the speci- 44 RULES AND DIRECTION'S — PATENT OFFICE. fication is for an improvement, the original invention should be disclaimed, and the claim confined to the improvement.] 13. The specification and drawings must be signed by the inventor and attested by two witnesses. (Act of 1836, section 6.) 14. The applicant must then make oath or af&rmation as required by the act of 1836, section 6 which must be substantially as follows : Oath. ss. City and County of Philadelphia, State of Pennsylvania, On this day of , 186 , before me, the subscriber, a , personally appeared the within named John Fitch, and made solemn oath (or affirmation) that he verily believes himself to be the original .and first inventor of the mode 'herein described for preventing steam-boilers from bursting ; and that he does not know or believe the same was ever before known or used ; and that he is a citizen of the United States. (Signed) A B, Justice of the Peace. In the case of an alien who has taken the requisite steps to become na- turalized, the following form should be adopted : City and County of Philadelphia, State of Pennsylvania, On this day of , 186 1 ss. before me the subscriber, a -, personally appeared the within named John Fitch, and made ^olemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting ; and that he does not know or believe the same was ever before known or used; and that he is a native of the kingdom of Great Britain ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. (Signed) A B, Justice of the Peace, 15. If the applicant is an alien not residing in the United States, or if he has not taken the necessary steps to become naturalized, the oath must be modified accordingly. (See act of 1836, section. 9.) 16. The oath may be taken before any person authorized bylaw to ad- minister oaths. 17. When the oath is taken in a foreign country, the oath may be taken before any minister plenipotentiary, charge d'affaires, consul, or com- mercial agent, holding commission under the government of the United States, or before any notary pubhc of the country in which the oath is taken, being attested in all cases by the proper official seal. (See act of 1842, section 4.) 18. The drawings required by law (see act of 1836, section 6) should generally be in perspective. Such parts as cannot be shown in perspective must, if described, be represented in plans, sections, or details. 19. Duplicate drawings should be sent to the office in the first instance. They should be neatly executed on sheets separate from the other papers EULES AND DIRECTIONS — PATENT OFFICE. 45 — from eighteen to nineteen inches from top to bottom, and not less than thirteen across, nor more than twenty-five, unless more space is necessary to exhibit the device or machine with clearness. One of these drawings, which is to be kept in the office for reference, should be on stiff drawing paper. The other, which is to be attached to the patent, should have a margin of one inch at least for that purpose on the right-hand side, and should be on some material that will bear folding and transportation. Each part shduld be distinguished by the same number or letter, wherever that part is delineated in the drawings, and should be referred to in the specifi- cation by such letter or number. These drawings should be signed by the applicant, and attested by two witnesses. 20. The model must be neatly and substantially made, of durable ma- terial, and not more than one foot in length or height, except when a larger model is permitted by the office for special reasons to be shown by the applicant. Models filed as exhibits, in interference and other cases, should also as far as 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 belong. If made of pine or other soft wood, they should be painted, stained, or varnished. A working 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 inventor, and also of the assignee, (if assigned,) must be fixed upon it in a permanent manner. 21. When the invention is of a composition of matter, a specimen of the ingredients and of the composition, which the law requires, must ac- company the application, (see act of 1836, section 6,) and the name of the inventor, and assignee (if there be one), must be permanently 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. In sending models to the Patent Office by express, or any ordinary mode of transportation, the expenses must be prepaid by the sender, 23. No application can be examined, nor can the case be placed upon the files for examination, until the fee is paid, the model or specimen de- posited, and the specification, with the petition, oath, and drawings, (when required,) filed. The Importance of the Specification. Too much importance cannot be attached, by an applicant for a patent, to the manner in which the specification and drawings are prepared, as upon these will depend the legal value of the patent. Many inventors suppose that by taking the forms of specification, petition, and oath here prescribed by the Patent Office, they will have no trouble in getting an official decision upon their applications. This is an erroneous impression, and has led many applicants into great trouble and expense, much more than tliey would have incurred if they had employed, at the outset, a com- petent and experienced patent solicitor. This matter is so very important, that Curtis, in his celebrated Treatise on the Law of Patents, devotes eighty-one pages to its consideration. The specification must describe in full, clear, and exact terms the nature \ 46 EULES AND DIRECTIONS — PATENT OFFICE. and operation of the invention ; and tlie claim on whicli the patent will be founded, when granted, must be very carefully drawn. "While it is easy, comparatively, to prepare drawings for a patent, the specification should never be undertaken except by one who thoroughly understands the business. Messrs, Munn & Co., the Editors and Proprietors of the Scientific American, have had upwards of sixteen years' experience in the business of preparing specifications and drawings, and are thoroughly conversant with \^ all the scientific and legal qualifications necessary. Of the Examination. 25. All the cases in the Patent Office are arranged in classes, which are taken up for examination in regular rotation. Those in the same class are examined and disposed of, as far as practi- cable, in the order in which the respective applications are completed. "When, however, the applicant has a foreign patent for his invention, or when such invention is deemed of peculiar importance to some branch of the public service, and when, for that reason, the head of some depart- ment of the government specially requests immediate action, the case will be taken up out of its order. These, with applications for additional im- provements and reissues, are the only exceptions to the rule above stated in relation to the order of examination. 26. A specification cannot be amended in any material part unless there is something to amend by — that is to say, can only be so amended to cause it to correspond with the drawing or model. A similar rule is en- forced in regard to amendments of the drawing or model. And where any substantial change is made by describing or representing in the speci- fication a new invention, not included as a portion of that originally de- scribed in the specification, a second affidavit must be made to the specifi- cation as amended, and the signatures of witnesses will also be required anew. 27. When the change thus made is very considerable, the case may be placed at the foot of the list, to await its turn anew in the order of ex- amination. 28. After a case has been examined and the claim allowed, no altera- tion will be permitted in the character of the invention without a with- drawal of the case and the filing of a new application, or (if the patent be granted) an application for a reissue, or for an additional improvement, as the case may require. 29. The personal attendance of the applicant at the Patent Office is un- necessary. The business can be done by correspondence or by attorney. All correspondence must be addressed to the Commissioner. For remarks on this subject, see page 68. 30. When an application has been finally decided, the Office will retain the original papers, furnishing the applicant copies, if he desires them, at the usual expense. 31. If the patent is granted, it will be transmitted to the patentee or to his agent, in case he has a full power of attorney authorizing him to receive it. r V. RULES AND DIRECTIONS — PATENT OFFICE. 47 Of Withdrawals. 32. I^ when an application is rejected, the applicant relinquishes his claim, in pursuance of the 7th section of the act of 1836, and the 12th section of the act of 1837, he must notify the Commissioner of the fact of such withdrawal, sending at the same time his receipt for two-thirds of the fee paid by him, which will be thereupon returned. The model and papers will be retained by the office. The applicant may, however, have the duplicate drawing if he desires it. 33. The apphcant in such cases will be entitled to receive back from the office two-thirds of the fee paid by him at the time of making his applica- tion. But this right of withdrawal does not extend to appHcations for a design, or for a reissue or additional improvement. 34. In withdrawing an application, the following forms may be fol- lowed : To THE Commissioner of Patents : Sir : I hereby withdraw my application for a patent for improvements in the cotten-gin, now in your office, and request that twenty dollars may be returned to me, by mail, agreeably to the provision of the act of Congress authorizing such withdrawal. ELI WHITNEY. Cabotsville, Mass., February 16, 1856. Received of the Treasurer of the United States, per Charles Mason, Commissioner of Patents, twenty dollars, being the amount refunded on withdrawing my application for a patent for improvements in the cotton- gin. ELI WHITNEY. Cabotsville, Mass., February 16, 1856. 35. Particular instructions should be given by the person withdrawing money from the office as to the manner in which the money shall be paid -—whether to his order at this office, or remitted by mail. Retaining Patents in the Secret Archives. 36. No application upon which a patent has been ordered to issue shall be retained in the secret archives of the office more than six months from the day on which the patent was ordered to issue. The request to have the application placed in the secret archives shall in all cases be made by the patentee, or the assignee of all the interest therein, in writing, and filed with the chief clerk, before the patent shall be recorded. Rejections and Appeals. 37. After a case has been once rejected, the applicant may have a second examination, by renewing his oatli, either with or without an altera- tion of his specification. (Act of 1836, section 7.) But such alteration must be in accordance with article 26 of these rules. After thus applying fol" a second examination, no withdrawal will be allowed. <» 38. After a second rejection, the applicant may bring the case before the A Commissioner in person, and, if still dissatisfied, may appeal to one of the ] judges of the circuit court of the District of Columbia. (See article 105 / of these rules- also act of 1839, section 11, and 1852, section 1.) -^ M Our thanks are due and are hereby tendered to the press of the United States and the British Prx)vinces for the generous notices which have been given to the "New Series" of the Scientific American. These notices are so numerous that we have not the space even to mention the names of our contemporaries who have thus favored us. "We hope they will all receive the Scientific American regularly, and that, in the course of each volume, they will be able to find much matter worthy of a place in their columns. iHHiiiiiiiliiiiiiimiiiiiiiiiiiiiiitiiiiiiiiiiiiiiiliiiiiiiiiiiiiil'iiiOiiiiii^^ PATENT LA^ ^^ 1-^^ OF THE UNITED STATES; TOGETHER WITH RULES AND PROCEEDINGS IN THE V^Vo ALSO HINTS TO IN^yENTORS HOW TO OBTAIN LETtMs PATENT IM THE ISNITES Sf 41 3ES 4MS IWEtn WITH A SYNOPSIS OF THE ^latent fates of |oreigu Countrits, ALSO SEFIJL LEGAL INFORMATIOX TO INVENTOllS AND TATENTEES. MUNN & C(J., PATENT SOLICITORS, PUBLISHERS OF THE SCIENTIFIC AMERICAN. 6 OFFKJES: NKW YOJiK, W A S II I N