Lapas attēli


· PROFESSORSHIPS, for improvements, 21.

PROPERTY in patents, 333.
PUBLICATION, previous, defeats patent, 168; what is, 175.

RECORD, of patent, 326; is evidence, 404.
REDUCTION, of an invention to practice, 109.
RENEWAL of patents, 329

REPEAL of patents, 469.
REPRESENTATIVES of inventor may take out patent, 68.
RESULT, whether patentable, 108.

SECRETS, unpatented, property in, 333.
SELLING is an infringement, 371. ,
SENEFELDER, his lithography, 16.
SPECIFICATION, filing secretly, 209; objects of, 232; general

requisites, 236; need not describe what is known, 238;
addressed to artists, 240; must be true, 242; must be
full, clear and exact, 247; is evidence, 401, 409; defect
in, 297, 424; form of, 518; must direct how to make,

282; reference to drawings, 293.
STAMP, as to exclusive right to, 467.
STATE COURTS, jurisdiction of, 330.
STEAM ENGINE, Watt's improvement in, 11, 13.
SUBJECT, patentable, 73. See Patents.
SUBSTANCES, not patentable, 113.
SUGGESTIONS, not amounting to a description, 167, 168, 419.
SURRENDER of patent, 327.

TAX, inexpediency of, 309.
TECHNICAL terms, use of in specification, 230, 240.
TERM of patents, 326.
THEORY, not patentable, 109.
TITLE of patents, 221.

USE, infringement by, 361.
USEFULNESS, 136; evidence of, 409, 426.

VENDIBILITY of a patentable subject, 79, 140.
VENDING, an infringement, 371.

WATT, his improvement in the steam engine, 11 ; difficulty in bring-

ing it to perfection, 13.
WITNESSES, admissibility of, 428.


Act of March 3d, 1837. An act in addition to the act to promote the progress of science and

useful arts. Sec. 1. Patents issued prior to Dec.

and drawings under this 15, 1836, and assignments

Section and Sect. 3. made, prior to that time, Sec. 6. Patent to issue to assignee, with specifications and

assignment being first redrawings, recorded anew

corded. Applicant to furfree of expense. Clerks of

nish duplicate drawings. courts of United States to 7. Disclaimer by proprietor of transmit to patent office

the whole patent or secstatement of authenticated

tional interest therein, of copies ; also copies required

part, where

claim by the commissioner.

through mistake too broad. 2. Certified copies of such record

Such disclaimer not to afevidence. No patent issued

fect pending action except prior to Dec. 15, 1836, to be

on question of unreasonable received in evidence after

delay. June 1, 1837, unless record- 8. On application for an addition ed anew-nor any assign

of an improvement, or rement of such patent.

turn of patent for correction, 3. New patents may be issued for

and re-issue, the specificathose destroyed Dec. 15,

cation of claim under the 1836, or otherwise lost, on

patent to be subject to deposit of specification,

revision by the commisdrawing and model.

sioner. 4. Commissioner to

procure 9. Where through inadvertence, duplicates of certain mod.

the claim is too broad, the els, burnt Dec. 15, 1836.

patent is valid for what is Expense not to exceed

rightfully and rightly claim$100,000. Temporary Board

ed, if clearly distinguishof Commissioners for pro

able. Suit on such patent curing duplicates, models,

where previous disclaimer; and making regulations for

unreasonable delay of such

disclaimer. 5. Surrender of a patent and re- 10. Agents for forwarding moissue of divers patents in

dels and specimens to patent stead thereof, -fee-sur

office. render of patent dated prior 11. Additional examining clerk, to Dec. 15, 1836. Addition,

and copying clerk; tempoimprovement or disclaimer

rary clerks. by patentee or his assigns, 12. When application by a fornot to be admitted to re

eigner is withdrawn under cord until duplicate model

Sect. 7, of Act of July 4, and drawing of the thing

1836, two thirds of duty to originally intended, is fur

be refunded. nished if required. Where 13. Affirmation instead of oath. model and drawing lost, no 14. Patent fund-how appropripatent to issue until new

ated. Annual statement of ones furnished, if required.

expenditures. Annual list The Temporary Board of

of patents granted. Annual Commissioners to decide on

list of patents which have compensation for models

become public property. $ 1. Be it enacted, &c. That any person who may be in possession of, or in any way interested in, any patent for an invention, discovery, or improvement, issued prior to the fifteenth day

that purpose.

of December, in the year of our Lord one thousand eight hundred and thirty-six; or in an assignment of any patent, or interest therein, executed and recorded prior to the said fifteenth day of December, may, without 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 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 referred 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 specification. And it shall be the duty of the Commissioner to take such measures as may be advised and determined by the Board of Commissioners provided for in the fourth section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being so transcribed and recorded. And it shall be the duty of each of the several clerks of the Judicial Courts of the United States, to transmit, as soon as may be, to the Commissioner of the Patent Office, a statement of all the authenticated copies of patents, descriptions, specifications, and drawings 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 tent, description, specification, or drawing, which shall be specially required by said Commissioner.

2. That copies of such record and drawings, certified by the Commissioner, or, in his absence, by the chief clerk, shall be prima facie evidence of the 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 be evidence, without proof of the loss of such originals; and no patent issued prior to the aforesaid fifteenth day of December shall, after the first day of June next, be received in evidence in any of the said courts in behalf of the patentee or other person who shall be in possession of the same, unless it shall have been 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.

such pa§ 3. That whenever it shall appear to the Commissioner that any patent was destroyed by the burning of the Patent Office building on the aforesaid fifteenth day of December, or was otherwise lost prior thereto, it shall be his duty, on application therefor by the patentee or 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 such patent shall be issued, the applicant therefor shall deposit 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.

§ 4. That it shall be the duty of the Commissioner to procure a duplicate of such of the 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 patentees in patented inventions and improvements : Provided, That a duplicate of such models may be obtained at a reasonable expense : And provided, also, That the whole amount of expenditure for this purpose

shall not exceed the sum of one hundred thousand dollars. And there shall be a temporary board of commissioners, to be composed of the Commissioner of the Patent Office and two other persons to be 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


and necessary to carry the provisions of this section into effect according to its true intent.

$ 5. That, whenever a patent shall be returned for correction and re-issue under the thirteenth section of the act to which this is additional, and the patentee shall desire several patents to be issued for distinct and 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 : Provided, however, That no patent made prior to the aforesaid fifteenth day of December, shall be corrected and reissued until a duplicate of the model and drawing of the thing as originally invented, verified by oath as shall be required by the Commissioner, shall be deposited in the Patent Office.

Nor shall any addition of an improvement be made to any patent heretofore granted, nor any new patent be issued for an improvement made in any machine, manufacture, or process, to the original inventor, assignee, or possessor of a patent therefor, 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.

And in all such cases, as well as in those which may arise under the third section of this act, the question of compensation for such models and drawing, 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 prescribed.

$ 6. That any patent hereafter 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 specification.

57. That whenever any patentee shall have, through inadvertence, accident, or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being truly and justly his own, any such patentee, his administrators, executors, 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 assignment, 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 relate to the question of unreasonable neglect or delay in filing the same.

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