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 said act."

The act of 1836, section 13, makes a similar provision, viz. that, "whenever any patent 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 inadvertency, 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 further duty of fifteen dollars, to cause a new patent to be issued to the said inventor, 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. And in case of his death or any assignment of the original patent, a similar right shall vest in his executors, administrators or assigns. And the patent so waived, together with the corrected description and specification, shall have the same effect and operation in law, on the trial of all actions thereafter, for causes subsequently accruing, as though the

same had been originally filed in such corrected form, before the suing out of the original patent."

CHAPTER XII.

Signing of the Specification. Attestation. Oath. Delivery of Drawings, Models and Specimens. Petition. Fees.

Sec. 1. Signing of the Specification. Attestation. 2. The Oath.

3. Delivery of Drawings, Models and Specimens. 4. The Petition.

5. Payment of the Fee.

Sec. I.-SIGNING OF THE SPECIFICATION. ATTES

TATION.

THE third section of the act of 1793 required that the specification should be signed by the inventor and attested by two witnesses. The act of 1836 makes a slight alteration by providing, section 6, "that the descriptions and drawings, signed by the inventor and attested by two witnesses, shall be filed in the patent office." The former act said nothing of the drawings

being signed by the applicant; but the signing of the specification referring to the drawings is in effect attesting the latter. Whether a distinct signature will be required under this law remains to be decided. The practice under this law is to sign the drawings distinctly. None of the acts on this subject have required the applicant to affix a seal to the specification.

Sec. II. THE OATH.

It seems to be reasonable that a patent should not be granted except upon probable grounds of a right. The law of 1793, therefore, required that the applicant, "before he could receive a patent, should swear or affirm that he did verily believe that he was the true inventor or discoverer of the art, machine or improvement for which he solicited a patent, which oath or affirmation might be made before any person authorized to administer oaths." The substituted law of 1836, section 6, varies a little from the former law on this subject. It provides that "the applicant shall make oath or affirmation that he does verily believe that he is the original and first inventor or discoverer of the art, machine, composition or improvement, for which he solicits a patent, and that he does not know or believe that the same was ever before known or used;

and also of what country he is; which oath or affirmation may be made before any person authorized by law to administer oaths." The phrase, "original and first inventor," is substituted for that of true inventor in the act of 1793. That part of the oath relating to the invention being ever before known or used, is added, and not superfluously, for it often happens that a man truly invents a machine, and then finds out that some one had previously invented the same machine. The last part, stating of what country the applicant is, was also added, the purpose, under the law of 1836, being to determine the fee to be paid. Under the former law the citizenship of the applicant was material, for unless he was a citizen of the United States or resident therein for two years, he could not take out a patent. But it did not intimate what proof of either fact was to be given. It was a frequent practice to insert the fact of citizenship or residence in the affidavit. We observe that this oath is not absolute, that the applicant is the original inventor; he is required to swear that he verily believes himself to be such; for though he may positively know whether he invented the machine, he cannot know certainly whether he is the original and first inventor.

The law of 1836, s. 15, provides "that whenever it shall satisfactorily appear that the patentee, at the

time of making his application for a patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof having been before known or used, in any foreign country, it not appearing that the same or any substantial part thereof had been patented, or described in any public work."

This is an alteration of the law on the subject of the novelty of the invention, of some importance; but it does not affect the oath, since, notwithstanding this provision, the applicant must, at the time of making his application, believe himself to be the first inventor. If, before making his application, he learns that the thing had been already invented and used abroad, though not patented or described in any printed publication, he cannot take the oath; but if he learns it subsequently, it seems that, according to the above section, this will not invalidate his patent.

Sec. III.-DELIVERY OF DRAWINGS, MODELS AND SPECIMENS.

By the law of 1836, s. 6, the specification must be accompanied with a drawing or drawings and written references, where the nature of the case admits of