ACT OF 1842, CHAP. 263, §§ 1, 2. IN FORCE. ACT OF 1842, CHAPTER 263. 5 STATUTES At Large, 543, [This Act still in Force.] 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. (a) (a) This act purports, from its title, to repeal all acts and parts of acts heretofore made to promote the progress of the useful arts; but though it extends some of the existing laws to new cases, it in fact repeals no act or part of any act whatsoever. Stimpson v. Pond, 2 Curt., 506.-CURTIS, J.; Mass., 1855. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the Patent fund, any 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 said Treasurer by the Commissioner of Patents. SECTION 2. [Extending act of 1837, § 3.] And be it further enacted, That the third section of the act of March, eighteen hundred and thirty-seven, which autho rizes the renewing of patents lost prior to the fifteenth of December, eighteen hundred and thirty-six, is extended to patents granted prior to said fifteenth day of December, though they may have been los subsequently. Provided, IN FORCE. ACT OF 1842, CHAP. 263, § 3. however, The same shall not have been recorded anew under the provisions of said act. SECTION 3. [Obsolete: Superseded by act of 1861, § 11.] And be it further enacted, That any citizen or citizens, or alien or aliens, having resided one year in the United States and 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 original impression 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 manufacture, or any new and original shape or configuration of any article of manufacture not known or used by others before his, 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 Commissioner 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 ACT OF 1842, CHAP. 263, §§ 3-5. IN FORCE of the particular 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 applications under this section. SECTION 4. And be it further enacted, That the oath required for applicants for patents may be taken, when the applicant is not, for the time being, residing in the United States, before any minister, plenipotentiary, chargé d'affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public of the foreign country in which such applicant may be. Oaths required by act of 1836, section 6; affirmation substituted therefor in certain cases by act of 1837, section 13. SECTION 5. And be it further enacted, That if any person or persons shall paint or print or mould, cast, carve, or engrave, or stamp, upon any thing made, used, or sold, by him, for the sole making or selling which he hath not or shall not have obtained letters patent, the name or any imitation of the name of any other person who hath or shall have obtained letters patent for the sole making and vending 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 purchased 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 IN FORCE. ACT OF 1842, CHAP. 263, §§ 5, 6. 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 article, for the purpose of deceiving the public (a), he, she, or they, so offending, shall be liable for such offence to a penalty of not less than one hundred dollars (b), 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 (c); onehalf of which penalty, as recovered, shall be paid to the Patent fund, and the other half to any person or persons who shall sue for the same. (a) The penalty mentioned in this section is incurred as to all articles made, and having the word "patent" affixed, with a guilty purpose or intent. Stephens v. Caldwell, MS.-SPRAGUE, J.; Mass., 1860. (b) 1. This section-though its phraseology, "a penalty of not less than one hundred dollars," is peculiar-authorizes the infliction of a penalty of just one hundred dollars for the offence therein described and no more. Stimpson v. Pond, 2 Curt., 506.-CURTIS, J.; Mass., 1855. 2. The penalty may be recovered in an action of debt. Ibid., 506. (c) The two years' limitation of suits for penalties, contained in section 32 of the Crimes act of 1790 (1 Stat. at Large, 119), is repealed by implication by section 4 of the act of 1839 (5 Stat. at Large, 322), which extends the time to five years. Ibid., 503. SECTION 6. [Superseded by act of 1861, § 13.] And be it further enacted, That all patentees and assignees of pat ents hereafter granted, are hereby required to stamp, engrave, 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 manner specified in the foregoing fifth section of this act. Approved August 29th, 1842. ACT OF 1848, CHAP. 47, § 1. IN FORCE. 1. Under this section it was held, that it was not the selling the articles unstamped that made the party liable to the penalty, but the omitting to put the stamp on. Palmer v. Allen, MS.—BETTS, J.; N. Y., 1854. 2. The assignees of an interest in a patent are no more liable for articles purchased and sold by them, without the date of the picat stamped on thein, than any other persons, unless the article were manufactured with their connivance. Ibid. 3. Held, also, that the penalty attaches for each separat. article sold. Ibid. 4. It is necessary that each article should be stamped wil the day of the month, as well as the year; but if this is done it is sufficient, even if the word "patented" is abbreviated. Hawley v. Bagley, MS, -BETTS, J.; N. Y., 1855. ACT OF 1848, CHAPTER 47. 9 STATUTES Aat Large, 231. [This Act still in Force.] An Act to provide additional examiners in the Patent Office, and for other purposes. SECTION 1. [Amending act of 1836, § 18.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be appointed, in the manner provided in the second section of the act entitled "An act to promote the progress of useful arts, and to repeal all acts and 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 an annual salary of twenty-five hundred dollars, and each of the assistant examiners an annual salary of fifteen hundred dollars (a): |