IN FORCE. ACT OF 1848, CHAP. 47, § 1. Provided, That the power to extend patents now vested in the board composed 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 (6); and when an application is made to him for the extension of a patent according to said eighteenth section, and sixty days' notice 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 seven years. (c) (a) 1. The Commissioner of Patents is now authorized to appoint, from time to time, examiners, not to exceed four in each class. of 1861, § 7. Act 2. As to the gradation and pay of examiners and clerks in the Patent Office, see act of 1853, chapter 97, section 3, and act of 1860, section 5, and act of 1861, section 7. (b) 1. This act is not a repeal of section 18 of the act of 1836, providing for the extension of patents, and the enactment of a new system for that purpose, but simply a repeal of so much of it as related to the action of the Secretary of State, and the Solicitor of the Treasury, leaving the Commissioner of Patents alone to go on in the execution of the duty. Colt v. Young, 2 Blatchf., 473.-NELSON, J.; N. Y., 1852. 2. Where an application for an extension of a patent under section 18 of the act of 1836 was pending at the time of the passage of the act of 1848, which conferred upon the Commissioner of Patents solely, the power previously vested in the Board created by the act of 1836, Held, that it was not necessary to renew the application, but that the Commissioner had the power to go on with the proceedings as having ACT OF 1848, CHAP. 47, §§ 1-4. IN FORCE. been already properly instituted, and complete them by granting the extension. Ibid., 473. 3. For reference to other decisions bearing upon the extension of patents, see section 18 of the act of 1836, and the notes thereto. (c) The extension of all patents granted subsequently to March 2d, 1861, except patents for designs, which may be extended for seven years, is now prohibited. Act of 1861, § 16. SECTION 2. [Re-enacted by act of 1861, § 10.] And be it further enacted, That hereafter the Commissioner 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 when it shall exceed one thousand words; which fees shall in all cases be paid in advance. The original provision as to fees for recording assignments, was contained in the act of 1836, section 11. That section was repealed by act of 1839, section 8. Fees for recording were again restored by this section, which is also re-enacted in act of 1861, section 10. SECTION 3. And be it further enacted, That there shall be appointed, in manner aforesaid, two clerks, to be employed in copying and recording, and in other services in the Patent Office, who shall each be paid a salary of one thousand two hundred dollars per annum. SECTION 4. And be it further enacted. That the Commissioner of Patents is hereby authorized to send by mail, free of postage, the 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 27th, 1848. IN FORCE. ACT OF 1849, CHAP. 108, § 2. ACT OF 1849, CHAPTER 108. 9 STATUTES At Large, 395. [This Act still in Force.] Extract from the act entitled "An Act to establish the Home Department, and to provide for the Treasury Department as Assistant Secretary of the Treasury and a Commissioner of the Customs." SECTION 2. And be it further enacted, That the Secretary of the Interior shall exercise and perform all the acts of supervision and appeal in regard to the office of Commissioner of Patents, now exercised by the Secretary of State; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the Treasury on 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. Approved March 3d, 1849. ACT OF 1851, CHAPTER 32. 9 STATUTES At Large, 617. [This Act still in Force.] Extract from the act entitled "An Act making appropriations for the civil and diplomatic expenses of government," &c. SECTION 2. And be it further enacted, That there shall ACT OF 1852, CHAP. 107, § 1. IN FORCE. be appointed and paid, in the manner now provided by law, two principal examiners and two assistant examiners of patents, in addition to the examining force now employed in the Patent Office. Approved March 3d, 1851. Act of The Commissioner of Patents is now authorized to appoint, from time to time, examiners, not to exceed four in each class. 1861, § 7. ACT OF 1852, CHAPTER 107. 10 STATUTES AT LARGE, 75. [This Act still in Force.] An Act in addition to an act to promote the progress of the useful arts. SECTION 1. [Enlarging act of 1839, § 11.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That appeals provided 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. 1. By the act of March 3d, 1863, the Circuit Court of the District of Columbia was abolished, and a Supreme Court for the District established; and it was provided by section 3 of that act, that the justices of the said Supreme Court should severally possess the powers and exercise the jurisdiction now possessed and exercised by the judges of the IN FORCE. ACT OF 1852, CHAP. 108. Circuit Court. Under this act, appeals are now taken to the justices of the said Supreme Court. 2. As to appeals, who may make, and when, see notes to sections 7 and 8 of the act of 1836. 3. As to the power of the judges on appeal, and the effect of their action, see section 11 of the act of 1839, and the notes thereto. SECTION 2. And be it further enacted, That in case appeal shall be made to the said thief judge, or to either ́of the said assistant judges, the Commissioner of Patents shall pay to such chief judge or assistant judge the sum of twenty-five dollars, required to be paid by the appellant into the Patent Office by the eleventh section of said act, on said appeal. SECTION 3. [Repealing act of 1839, § 13.] And be it further enated, That section thirteen of the aforesaid act, approved March the third, eighteen hundred and thirty-nine, is hereby repealed. Approved August 30th, 1852. ACT OF 1852, CHAPTER 108. 10 STATUTES AT LARGE, 95, 96. [This Act still in Force.] Extracts from the act entitled "An Act making appropriations for the civil and diplomatic expenses of the Government," &c. For compensation of the librarian of the Patent Office, twelve hundred do'lars, to be paid out of the Patent Fund. (a) For books for th library of the Patent Office, to be paid out of the Pat nt Fund, one thousand five hundred dollars. |