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1837. of our Lord one thousand eight hundred and thirty-six, or in tower, 1836, may an assignment of any patent, or interest therein, executed and been recorded recorded prior to the said fifteenth day of December, may, with: apew, &c.
out 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 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 reserred to in the specification, any drawing produced 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 the certificate of the oath; or such drawings may be made in the office, under the
direction of the Commissioner, in conformity with the specifica. Measures to be tion. And it shall be the duty of the Commissioner to take such
10 measures as may be advised and determined by the Board of be recorded,&c. Commissioners provided for in the fourth section of this act, to
obtain the patents, specifications, and copies aforesaid, for the Clerks of the ju. purpose of being so transcribed and recorded. And it shall be U.S. to trans: the duty of each of the several clerks of the judicial courts of mit statements the United States, to transmit, as soon as may be, to the Comfed copies of missioner of the Patent Office, a statement of all the authentiop to 15th Decated copies of patents, descriptions, specifications, and drawings cember, 1836, of inventions and discoveries made and executed 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 Commissioner, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing, which shall
be specially required by said Commissioner. Certified copies SECTION 2. And be it further enacted, That copies of such &c., to be evi? record and drawings, certified by the Commissioner, or, in his dence in any absence, by the chief clerk, shall be prima facie evidence of the U. 3., dic. particulars of the invention and of the patent granted therefor,
in any judicial court of the United States, in all cases where
copies of the original record or specification and drawings would No patent, &c., he evidence, without proof of the loss of such originals; and no or to 16th De- patent issued prior to the aforesaid fifteenth day of December
À Shall, after the first day of June next, be received in evidence in evidence in said any of the said courts in behalf of the patentee or other person June nexi, un who shall be in possession of the same, i:nless it shall have been less recorded
so recorded anew, and a drawing of the invention, if separate 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.
courts alter Ist
be issued for those lost or
SECTION 3. And be it further enacted, That whenever it 1837. shall appear to the Commissioner that any patent was destroyed New patents to by the burning of the Patent Office building on the aforesaid the fifteenth day of December, or was otherwise lost prior thereto, destroyed on or it shall be his duty, on application therefor by the patentee or cember, 1836. 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, however, That before Provisa. such patent shall be issued, the applicant therefor shall deposite in the Patent Office a duplicate, as near as may be, of the original model, drawings, and description, with specification 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.
SECTION 4. And be it further enacted, That it shall be the Duplicates of duty of the Commissioner to procure a duplicate of such of the w be procured. models destroyed 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 patentecs in patented inventions and improvements : Provided, That a duplicate of such models may Proviso. be obtained at a reasonable expense : And provided, also, That Further proviso. the whole amount of expenditure for this purpose shall not exceed the sum of one hundred thousand dollars. And there shall A temporary be a temporary board of commissioners, to be composed of the missioners to Commissioner of the Patent Office and two other persons to be bei pop. 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 effect, according to its true intent.
SECTION 5. And be it further enacted, That, whenever a pa. Patents returned tent shall be returned for correction and re-issue under the third teenth section of the act to which this is additional, and the pat- section of act to entee shall desire several patents to be issued for distinct and additional, &c. separate parts of the thing patented, he shall first pay, in manner and in addition to the sum provided by that act, the sum of thirty dollars for each additional patent so to be issued : Pro. Provis). vided, however, That no patent made prior to the aforesaid fif
board of com
be appointed their duties
for correction, &c. under 13th
to be made to
granted, &c. un
to be issued.
1837. teenth day of December, shall be corrected and re-issued until a
duplicate of the model and drawing of the thing as originally invented, verified by oath as shall be required by the Commis
sioner, shall be deposited in the Patent Office; No addition, &c. Nor shall any addition of an improvement be made to any any patent patent heretofore granted, nor any new patent be issued for an heretofore
un improvement made in any machine, manufacture, or process, to Wia verifeddu. the original inventor, assignee, or possessor, of a patent therefor, &c. is deposit nor any disclaimer be admitted to record until a duplicate model
and drawing of the thing originally intended, 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; Compensation. And in all such cases, as well as in those which may arise for models, &c.
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 therein pre
scribed. Patents bereafter SECTION 6. And be it further enacted, That any patent here
after to be issued, may be made and issued to the assignee or assignees of the inventor or discoverer, the assignment thereof being first entered of record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in the office, and the other to be annexed to the patent, and considered a part of the specifica
tion. Whenever any SECTION 7. And be it further enacted, That, whenever any through inad. patentee shall have, through inadvertence, accident, or mistake,
eci made his specification of claim too broad, claiming more than fication to that of which he was the original or first inventor, some material broad, &c., he, doc. may inake and substantial part of the thing patented being truly and justly
his own, any such patentee, his administrators, éxecutors, 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 as. signment, 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 payment 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 disclaimer 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 re
vertence, & make his spec
additions to newly-discover
ing patents, &c.
take, &c. any
to be the origin.
late to the question of unreasonable neglect or delay in filing the 1837. same.
SECTION 3. And be it further enacted, That, whenever appli- Applications for cation shall be made to the Commissioner for any addition of a mi newly-discovered improvement to be made to an existing patent, ed. improve or whenever a patent shall be returned for correction and re- made to existissue, the specification of claim annexed to every such patent shall be subject to revision and restriction, in the same manner as are original applications for patents; the Commissioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of 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.
Section 9. And be it further enacted, any thing in the fifteenth section of the act to which this is additional to the contrary notwithstanding, That, whenever by mistake, accident, or When by mis. inadvertence, and without any wilful default or intent to defraud patentee claims or mislead the public, any patentee shall have in his specification a inventore vor claimed to be the original and first inventor or discoverer of any part of the thing material or substantial part of the thing patented, of which he which he was was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bona fide his own, Provided it Proviso. 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 the 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 bona 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: Pro. Parther provist. vided, however, That no person bringing any such suit shall be entitled to the benefits of the provisions contained in this section who shall have unreasonably neglected or delayed to enter at the Patent Office a disclaimer as aforesaid. SECTION 10. And be it further enacted, That the Commis. Agents to be ap.
pointed to re. sioner is hereby authorized and empowered to appoint agents in Ceive and for not exceeding twenty of the principal cities or towns in the war United States as may best accommodate the different sections of the country, for the purpose of receiving and forwarding to the Patent Office all such models, specimens of ingredients and
and one copy.
1837. manufactures, as shall be intended to be patented or deposited
therein, the transportation of the same to be chargeable to the
patent fund. Two examining Section 11. And be it further enacted, That, instead of one ing clerk to be 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 an
nual salary of fifteen hundred dollars; and also, an additional Temporary copying clerk, at an annual salary of eight hundred dollars. And may be 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 records with the originals, who shall receive not exceeding seven cents for every page of one hundred words, and for drawings and comparison of records with originals, such reasonable compensation as shall be agreed
upon or prescribed by the Commissioner. Certificate of the SECTION 12. And be it further enacted, That, whenever the to be sufficient application of any foreigner for a patent shall be rejected and warrant to the 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 Commissioner shall be a sufficient warrant to the Treasurer to pay back to such applicant two thirds of the duty he shall have paid into the Treasury on account of such appli
cation. Affirmation may SECTION 13. And be it further enacted, That in all cases in for an oath. which an 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 scrupulous of taking an oath, affirmation may be sub
stituted therefor. Moneye paid into SECTION 14. And be it further enacted, That all moneys for parents, &c. paid into the Treasury of the United States for patents and for prior to pas. Bage of aci to je which this is fice prior to the passage of the act to which this is additional, carried to credit shall be carried to the credit of the patent fund created by said of patent fund created by suid act; and the moneys constituting said fund shall be, and the act; and said same are hereby, appropriated for the payment of the salaries of fund appro. priated for sala- the officers and clerks provided for by said act, and all other exries, &c.
penses of the Patent Office, including all the expenditures pro
vided for by this act; and, also, for such other purposes as are Commissioner or may be hereafter specially provided for by law. And the draw upon Commissioner is hereby authorized to draw upon said fund, from
force on time to time, for such sums as shall be necessary to carry into gress annually effect the provisions of this act, governed, however, by the a state nent of expenditures, several limitations herein contained. And it shall be his duty
nis, to lay before Congress, in the month of Jannary, annually, a de. &c.
tailed statement of the expenditures and payments by him made from said fund ; And it shall also be his duty to lay before Con. gress, in the month of January, annually, a list of all patents which shall have been granted during the preceding year, designating, under proper heads, the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places
for an oath.
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