In case of patents granted before the 15th December, 1836, no disclaimer will be admitted for record until a model and drawings of the invention, as originally patented, verified by oath, shall have been deposited, unless dispensed with by the Commissioner.

FORM OF DISCLAIMER.

To the COMMISSIONER OF PATENTS:

The petition of Eliphalet Nott, of Schenectady, in the county of Schenectady, and State of New York

RESPECTFULLY REPRESENTS:

That he has, by assignment duly recorded in the Patent Office, become the owner of a right for the several States of Massachusetts, Connecticut, and Rhode Island, to certain improvements in the steam-engine, for which letters patent of the United States were granted to Jacob Perkins, of Boston, in the State of Massachusetts, dated on the first day of March, 1835. That he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforenamed specification which is in the following words, to wit: "I also claim the particular manner in which the piston of the above described engine is constructed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth;" which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the Treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided.

Witness-JOHN PRINCE.

ELIPHALET NOTT.

When the disclaimer is made by the original patentee, it must, of course, be so worded as to express that fact.

SEC. IX. OF REISSUES.

When an applicant wishes to cancel an old patent, and to correct a mistake or error which has arisen from inadvertence, he should state this fact in his application, and expressly surrender the old patent, which must be transmitted to the Patent Office before a new patent will be issued. And no improvement or alteration, made subsequently to the filing of the application upon which the original patent was granted, can be introduced into a patent upon reissue. Section 13, of the act of July, 1836, enacts: "That, whenever any patent, which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee 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 inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the Commissioner, upon the surrender to him of such patent, and the payment of the fur

ther duty of fifteen dollars, to cause a new patent to be issued to the said in ventor, for the same invention, for the residue of the period, then unexpired, for which the original patent was granted, in accordance with the patentee's corrected description and specification."

In a reissue the claim is subject to re-examination, and if it shall appear that any part was not original at the time of granting the patent, the reissue will not be granted, unless said part be omitted, or a disclaimer filed in the Patent Office. If nothing can be claimed, the reissue cannot be granted, nor the surrendered patent returned. Where the patent was granted before the 15th of December, 1836, a model and drawings of the invention, as originally patented, verified by oath, must be deposited in the Patent Office before a reissue can be granted, unless dispensed with by the Commissioner; and when the original patent has been lost, before a reissue can be granted the original patent should first be restored, and then surrendered.

In case of the death of an inventor, or of any assignment of the original patent made by him, a similar right vests in his executors, administrators, or assignees; and the patent so reissued, together with the corrected description and specification, have the same effect and operation in law on the trial of all actions thereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form before the issuing of the original patent.

On a surrender several patents may be issued for distinct and separate parts of the invention, upon the payment of thirty dollars for each.

FORM OF SURRENDER OF A PATENT FOR REISSUE.

To the COMMISSIONER OF PATENTS:

The petition of Samuel Morey, of Philadelphia, in the county of Philadelphia, and State of Pennsylvania

RESPECTFULLY REPRESENTS:

That he did obtain letters patent of the United States for an improvement in the boilers of steam-engines, which letters patent are dated on the first day of March, 1835. That he now believes that the same is inoperative and invalid by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender, and he hereby does surrender, the same, and requests that new letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented, he having paid fifteen dollars into the Treasury of the United States, agreeably to the requirements of the act of Congress in that case made. and provided.

SAMUEL MOREY,

SEC. X. OF EXTENSIONS.

Section eighteen of the act of 1836 enacts, "That, whenever any patentee of an invention or discovery shall desire an extension of his patent beyond the term of its limitation, he may make application therefor, in writing, to the

Commissioner of the Patent Office, setting forth the grounds therefor; and the Commissioner shall, on the applicant's paying the sum of forty dollars to the credit of the Treasury, as in the case of the 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 in the section of the country most interested adversely to the extension 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." The patentee shall furnish a statement in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures, 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 appear to the full and entire satisfaction of the Commissioner, having due regard to the public interest therein, that it is just and proper that the term of a patent should be extended, by reason of the patentee, without neglect or fault on his part, having failed to obtain, from the use and sale of his invention, a reasonable remuneration for the time, ingenuity, and expense bestowed upon the same, and the introduction thereof into use, it shall be the duty of the Commissioner to renew 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 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 extension shall accrue 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.

By the first section of the act of May 27, 1848, it is 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; 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."

The following suggestions and rules have been adopted for the benefit of those persons who may hereafter apply for extensions :

The questions which arise on each application for an extension are1. Is the invention novel?

2. Is it useful?

3. Is it valuable and important to the public?

4. Has the inventor been adequately remunerated for his time and expenses in originating and perfecting it?

5. Has he used due diligence in introducing his invention into general use? To enable the Commissioner to come to a correct conclusion in regard to the third point of inquiry, the applicant should procure the testimony of persons not interested in the invention, which testimony should be taken under oath.

In regard to the fourth and fifth points of inquiry, in addition to his own oath showing his receipts and expenditures on account of the invention, by which his profit or loss is to be ascertained, the applicant should show, by the testimony of disinterested witnesses on oath, that he has taken all reasonable measures to introduce his invention into general use; and that, without default or neglect on his part, he has failed to obtain from the use and sale of the invention a reasonable remuneration for the time, ingenuity, and expense bestowed on the same, and the introduction thereof into use.

The law now requiring that a notice of sixty days shall be given of each application for extension, it will be necessary for the applicant to file his petition and pay the requisite fee at least three months before his patent expires. Persons opposing the extension of a patent must file in the Patent Office their reasons, specifically set forth in writing, twenty days before the day of hearing.

In case of opposition by any person to the extension of a patent, both parties may take testimony, each giving reasonable notice to the other of the time and place of taking said testimony, which shall be taken according to the rules prescribed by the Commissioner of Patents in case of interference,

All arguments submitted to the Commissioner must be in writing.

The report of the examiner, now required by law to be made to the undersigned, will, if practicable, be ready fifteen days before the day appointed for the hearing. And, in order that the examiner may have ample time to make his report, the patent, together with all the testimony and arguments, should be filed in the office at least twenty days before the day of hearing.

If the applicant fails to furnish the undersigned with a statement, in detail, of his receipts and expenditures, as required by the 18th section of the act approved July 4, 1836, his application must be rejected. His attention, therefore, is particularly called to this point, as many fail to accompany their petitions with any statement of receipts and expenditures.

If a patent has expired before application for extension is made, or if such application is made within the sixty days' notice now required by law, the office can afford the inventor no relief. If he desires a renewal of his patent, his remedy is to be found only in a special act of Congress.

SEC. XI. OF DESIGNS.

The 3d section of the act of 1842, without repealing or changing the law under which patents have heretofore been granted, enacts: "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 and 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 of the particular applicant, shall be onehalf the sum, (i. e., fifteen dollars ;) 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."

It will be perceived from the above that the law extends protection to a new class of objects, and that this is merely additional to previous acts.

In making an application to secure a design, the same course of proceedings is required as in applying for an invention. The petition, specification, and oath, executed as prescribed below, must be filed, and the specimen and duplicate drawings deposited. In case of rejection, no part of the fee for designs is refunded.

FORM OF APPLICATION FOR PATENTS FOR DESIGNS.

To the COMMISSIONER OF PATENTS:

The petition of Benjamin West, of the city and county of Philadelphia, and State of Pennsylvania

RESPECTFULLY REPRESENTS:

That your petitioner has invented or produced [a new and original design for a composition in alto relievo,] which he verily believes has not been known prior to the production 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 fifteen dollars into the treasury, and complied with the other provisions of the said act.

BENJAMIN WEST.

FORM OF SPECIFICATION.

To all whom it may concern:

Be it known that I, Benjamin West, of the city of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, have invented or produced a new and original design for a composition in alto relievo, and I do hereby declare that the following is a full and exact description of the same. [Here follows a description of the design with reference to the specimen or drawing, the specification to conclude with declaring what the inventor claims, in terms characteristic of the design, &c.]

Witnesses

NOAH WEBSTER,

NATHANIEL BOWDITCH.

BENJAMIN WEST.