S. That, whenever application shall be made to the Commissioner for any addition of a newly discovered improvement to be made to an existing patent, or whenever a patent shall be returned for correction and re-issue, the specification of claim annexed to every such patent shall be subject to revision and restriction, in the same manner as are original applications for patents; the Commissioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the decision of the Commissioner; and in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law in the case of original applications for patents. 9. Any thing in the fifteenth section of the act to which this is additional to the contrary notwithstanding, That, whenever by mistake, accident, or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in his specification claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bona fide his own, Provided, it shall be a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed without right as aforesaid. And every such patentee, his executors, administrators, and assigns, whether of a whole or of a sectional interest therein, shall be entitled to maintain a suit at law or in equity on such patent for any infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which a judgment or verdict shall be rendered for the plaintiff, he shall not be entitled to recover costs against the defendant, unless he shall have entered at the Patent Office, prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right: Provided, however, That no person bringing any such suit shall be entitled to the benefits of the provisions contained in this section who shall have unreasonably neglected or delayed to enter at the Patent Office, a disclaimer as aforesaid. § 10. That the Commissioner is hereby authorized and empowered to appoint agents in not exceeding twenty of the principal cities or towns in the United States, as may best accommodate the different sections of the country, for the purpose of receiving and forwarding to the Patent Office all such models, specimens of ingredients and manufactures, as shall be intended to be patented or deposited therein, the transportation of the same to be chargeable to the patent fund. 534 Act of March 3d, 1837-In Force. § 11. That, instead of one examining clerk, as provided by the second section of the act to which this is additional, there shall be appointed, in manner therein provided, two examining clerks, each to receive an annual salary of fifteen hundred dollars; and also an additional copying clerk, at an annual salary of eight hundred dollars. And the Commissioner is also authorized to employ, from time to time, as many temporary clerks as may be necessary to execute the copying and draughting required by the first section of this act, and to examine and compare records with the originals, who shall receive not exceeding seven cents for every page of one hundred words, and for drawings, and comparison of records, with originals, such reasonable compensation as shall be agreed upon or prescribed by the Commissioner. 12. That, whenever the application of any foreigner for a patent, shall be rejected and withdrawn for want of novelty in the invention, pursuant to the seventh section of the act to which this is additional, the certificate thereof of the Commissioner shall be a sufficient warrant to the Treasurer to pay back to such ap. plicant two-thirds of the duty he shall have paid into the Treasury on account of such application. § 13. That in all cases in which an oath is required by this act, or by the act to which this is additional, if the person of whom it is required shall be conscientiously scrupulous of taking an oath, affirmation may be substituted therefor. 14. That all moneys paid into the Treasury of the United States for patents and for fees for copies furnished by the Superintendent of the Patent Office prior to the passage of the act to which this is additional, shall be carried to the credit of the patent fund created by said act; and the moneys constituting said fund shall be, and the same are hereby appropriated for the payment of the salaries of the officers and clerks provided for by said act, and all other expenses of the Patent Office, including all the expenditures provided for by this act; and, also, for such other purposes as are or may be hereafter specially provided for by law. And the Commissioner is hereby authorized to draw upon said fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act, governed, however, by the several limitations herein contained. And it shall be his duty to lay before Congress, in the month of January, annually, a detailed statement of the expenditures and payments by him made from said fund. And it shall also be his duty to lay before Congress, in the month of January, annually, a list of all patents which shall have been granted during the preceding year, designating under proper heads, the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property during the same period; together with such other information of the state and condition of the Patent Office, as may be useful to Congress or to the public. APPROVED, March 3d, 1837. Additional Forms. 535 FORM OF WITHDRAWAL. To the Commissioner of Patents: SIR: I hereby withdraw my application for a patent for improvements in now in your office, and request that twenty dollars may be returned to me, agreeably to the provision of the act of Congress authorizing such withdrawal. FORM OF SURRENDER OF A PATENT FOR REISSUE. To the Commissioner of Patents: S. C. The petition of S. C., of C., in the county of H., and State of M., RESPECTFULLY REPRESENTS: That he did obtain letters patent of the United States for an improvement in which letters patent are dated on the 1st 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. FORM OF ASSIGNMENT OF A RIGHT IN A PATENT. S. C. WHEREAS I, S. C, of C., in the county of H., and State of M., did obtain letters patent of the United States for certain improvements in steam engines, which letters patent bear date the 1st day of March, 1835; and whereas J. D., of C. aforesaid, is desirous of acquiring an interest therein; NOW THIS INDENTURE WITNESSETH, that for and in consideration of the sum to me in hand paid, the receipt of which is hereby acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set over, all the right, title, and interest which I have in the said invention, as secured to me by said letters patent, for, to, and in, the several States of and in no other place or places. The same to be held and enjoyed by the said J. D. for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof I have hereunto set my hand and affixed my seal, this 1st day of March, 1838. S. C. [L. s.] Witness: A B- CD. FORM OF DISCLAIMER. To the Commissioner of Patents: The petition of S. C., of C., in the county of H., and State of M., RESPECTFULLY REPRESENTS: That he has, by assignment duly recorded in the Patent Office, become the owner of a right, for the several States of to certain improvements in for which letters patent of the United States were granted to J. D. of B., in the State of M., dated on the 1st 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: 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. S. C. " * * * When the disclaimer is made by the original patentee, it must, of course, be so worded as to express that fact. FORM OF CAVEAT. To the Commissioner of Patents: The petition of S. C., of C., in the county of H., and State of M., RESPECTFULLY REPRESENTS: That he has made certain improvements in the ; and that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters patent therefor. He therefore prays that the subjoined description of his invention may be filed as a CAVEAT, in the confidential archives of the Patent Office, agreeably to the provisions of the act of Congress in that case made and provided, he having paid twenty dollars into the Treasury of the United States, and otherwise complied with the requirements of the said act. S. C. C., March 1, 1838. FORM FOR ADDITION OF NEW IMPROVEMENTS. To the Commissioner of Patents: The petition of S. C., of C., in the county of H., and State of M., RESPECTFULLY REPRESENTS: That your petitioner did obtain letters patent of the United States, for an improvement in the boilers of steam engines, which letters patent are dated on the ; that he has, since that date, made certain improvements on his said invention; and that he is desirous of adding the subjoined description of his said improvements to his original letters patent, agreeably to the provisions of the act of Congress in that case made and provided, he having paid fifteen dollars into the Treasury of the United States, and otherwise complied with the requirements of the said act. S. C. FORM OF ASSIGNMENT BEFORE OBTAINING LETTERS PATENT AND TO BE RECORDED PREPARATORY THERETO. Whereas I, S. C., of C., in the county of H., and State of M., have invented certain new and useful improvements in for which I am about to make application for letters patent of the United States; and whereas, J. D., of C., aforesaid, has agreed to purchase from me all the right, title, and interest, which I have, or may have, in and to the said invention, in consequence of the grant of letters patent therefor, and has paid to me, the said C., the sum of the receipt of which is hereby acknowledged: Now this indenture witnesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said J. D., the full and exclusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed preparatory to the obtaining of letters patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said J. D., as the assignee of my whole right and title thereto, for the sole use and behoof of the said J. D., and his legal representatives.. In testimony whereof, I have hereunto set my hand, and affixed my seal, this Act of March 3d, 1839. c. 88. An act in addition to "an act to promote the progress of the useful arts." Sec. 1. Two assistant examiners to be appointed-how- 2. Temporary clerks may 4. $3,659 22 appropriated to 5. $1000 appropriated for having purchased or con- 8. So much 11th sec. act 4th July 1836, as requires payment for recording assignments, repealed. Assignments, &c. to be recorded without any charge. 9. $1000 appropriated for the collection of agricul tural statistics, and other agricultural purposes Sec. 10. Provisions 16th sec. act 4th July, 1836, extended to all cases where patents are refused for any reason whatever, either by Commissioner of Patents, or by the chief justice of the District of Columbia, &c. 11. In cases of appeal from decision of Commissioner to board of examiners, authorized by 7th section, act 4th July, 1836, the parties may appeal to chief justice of district court U. S. for District of Columbia, &c.-how. Chief justice to hear and determine such appeals, &c.-how. Commissioner to notify the parties, to lay before the judge all the original papers and evidence, and the grounds for his decision. Commissioner and examiners of Patent Of fice may be examined under oath, &c. Judge to return the papers, with a certificate of his proceedings and decision said decision to govern the Commissioner. 12. Commissioner may make regulations respecting evidenee in contested cases. That part act 4th July, 1836, relative to a board of examiners, repealed. 13. Chief justice to be paid $100 annually. |