Lapas attēli

ted States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies, and cases, arising under any law of the United States, granting or confirming to authors or inventors the exclusive right to their respective writings, inventions, and discoveries; and upon any bill in equity, filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided, however, That from all judgments and decrees of any circuit courts, rendered in the premises, a writ of error or appeal, as the case may require, shall lie 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 such circuit courts.

Act of July 3d, 1832, c. 162. Repealed by act of July

4th, 1836. An act concerning Patents for Useful Inventions. Sec. 1. Publication of the list of ex- | Sec. 3. Surrender of patents on acpired patents.

count of defects in the 2. Applications to prolong the

specification ; and taking term of patents.

out new patents. $1. Be it enacted, &c. That it shall be the duty of the secretary of state, annually, in the month of January, to report to congress, and to publish in two of the newspapers printed in the city of Washington, a list of all the patents for discoveries, inventions, and improvements, which shall have expired within the year immediately preceding, with the names of the patentees alphabetically arranged.

$ 2. That application to congress to prolong or renew the term of a patent, shall be made before its expiration, and shall be notified at least once a month, for three months before its presentation, in two newspapers printed in the city of Washington, and in one of the newspapers in which the laws of the United States shall be published in the state or territory in which the patentee shall reside. The petition shall set forth particularly the grounds of the application. It shall be verified by oath ; the evidence in its support may be taken before any judge or justice of the peace ; it shall be accompanied by a statement of the ascertained value of the discovery, invention, or improvement, and of the receipts and expenditures of the patentee, so as to exhibit the profit or loss arising therefrom.

3. That wherever any patent which has been heretofore, or shall be hereafter, granted to any inventor in pursuance of the act of congress entitled “An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose, passed on the twenty-first day of February, in the year of our Lord one thousand seven hundred and ninety-three, or of any of the acts supplementary thereto, shall be invalid or inoperative, by reason that any of the terms or conditions prescribed in the third section of the said first mentioned act, have not, by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, been complied with on the part of the said inventor, it shall be lawful for the secretary of state, upon the surrender to him of such patent, to cause a new patent to be granted to the said inventor for the same invention for the residue of the period then unexpired, for which the original patent was granted, upon his compliance with the terms and conditions prescribed in the said third section of the said act. And, in case of his death, or any assignment by him made of the same patent, the like right shall vest in his executors and administrators, or assignee or assignees : Provided, however, That such new patent, so granted, shall, in all respects, be liable to the same matters of objection and defence as any original patent granted under the said first mentioned act. But no public use or privilege of the invention so patented, derived from or after the grant of the original patent, either under any special license of the inventor, or without the consent of the patentee that there shall be a free public use thereof, shall, in any manner, prejudice bis right of recovery for any use or violation of his invention after the grant of such new patent as aforesaid.

[ocr errors]

Act of July 13th, 1832, c. 202. Repealed by act of July

4th, 1836. An act concerning the issuing of patents to aliens, for useful discover

ies and inventions.

Sec. 1. Alien patentees. $1. Be it enacted, &c. That the privileges granted to the aliens described in the first section of the act, to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees, approved April 17th, 1800, be extended, in like manner, to every alien, who at the time of petitioning for a patent, shall be resident in the United States, and shall have declared his intention, according to law, to become a citizen thereof. Provided, That every patent granted by virtue of this act and the privileges thereto appertaining, shall cease and determine and become absolutely void, without resort to any legal process to annul or cancel the same in case of the failure on the part of any patentee, for the space of one year from the issuing thereof, to introduce into public use in the United States, the invention or improvement for which the patent shall be issued; or in case the same for any period of six months after such introduction shall not continue to be publicly used and applied in the United States; or in case of failure to become a citizen of the United States, agreeably to notice given at the earliest period within which he shall be entitled to become a citizen of the United States.

Act of July 4th, 1836, c. 357.

An act to promote the progress of useful arts, and to repeal all acts and

parts of acts heretofore made for that purpose.

Sec. 1. Commissioner.

tent in case of his de2. Other officers and clerks.

3. Oath and bonds of officers. Sec. 11. Assignments.
4. Seal. Certified copies of re- 12. Caveat.

cords and papers to be 13. Surrender of patent on ac-

count of defective speci. 5. The patent.

fication. New patent is6. The specification. Drawings.

sued. Models. Oath.

14. Damages for an infringe7. When the commissioner shall

ment. grant a patent. When he 15. Plea of general issue. Noshall refuse. Reasons to

tice of_grounds of debe given for refusal. Re

fence. Evidence. Notice turn of part of fee if

of names of persons who application withdrawn.

have known or used the Board of examiners ap

invention, and places pointed if the application

where. Use in a foreign is persisted in. Proceed

country of an invention ings. Fees of examin

not patented or described ers.

in any printed publication. 8. Applications interfering with

Costs in case of judgment others, or with existing

against plaintiff on ground patents, referred to exam

of his claiming too much, A patent taken

and of a violation of the out abroad within six

part rightfully claimed months before the filing

and truly described. the specification, for the 16. Remedy in equity in case invention, is

of applications interfering ground of objection. Pa

with others or with exist. tent to be dated at time

ing patents. of filing specification, not 17. Jurisdiction of patent causes. over six months back, in 18. Prolongation of the term of a case of request. Specifi

patent. cation to be filed in secret 19. Library of patent office. archives of patent office, 20. Arrangement of the models on request, not more than

in the patent office. one year.

21. Repeal of former acts. Suits 9. Fees to be paid by patentees.

pending at the time of 10. Representatives of patentee

passing this act, to be entitled to take out pa





$1. Be it enacted, &c. That there shall be established and attached to the department of state, an office to be denominated the patent office; the chief officer of which shall be called the commissioner 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, inventions, and improvements, as are herein provided for, or shall hereafier be, by law, directed to be done and performed, and shall have the 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 same compensation as is allowed by law to the commissioner of the Indian department, and sball be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage.

$ 2. That there shall be, in said office, an inferior officer, to be appointed by the said principal officer, with the 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 approval, 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 niachinist at twelve hundred and fifty dollars, and a messenger at seven hundred dollars. And said commissioner, clerks, and 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.

$ 3. That the said principal officer, and every other person to be appointed in the said office, shall, before he enters upon

« iepriekšējāTurpināt »