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corded; and the same shall thereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification.
In all such cases the claim in the original patent is subject to a re-examination; and, if it shall appear that any part of the claim was not original at the time of granting the patent, a disclaimer of said part must be filed in the Patent Office, or the specification of claims restricted, by having the patent reissued before the improvement can be added. If the improvement cannot be added, it may, if patentable, be secured by a separate patent, on the payment of the fee of thirty dollars. If the patent was granted before the 15th of December, 1836, a model and drawings of the invention, as first patented, verified by oath, must be furnished, unless dispensed with by the Commissioner.
FORM FOR ADDITION OF NEW IMPROVEMENTS.
To the COMMISSIONER OF PATENTS:
The petition of James Rumsey, of the county of Berkely, and State of Virginia—
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 first day of March, 1835; 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.
SEC. VIII. OF DISCLAIMERS.
The 7th section of the law of 3d March, 1837, provides as follows:
"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 it may relate to the question of unreasonable neglect or delay in filing the same."
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 are— 1. 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 manufac ture; 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
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.
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.]
FORM OF OATH.
CITY AND COUNTY OF PHILADELPHIA,
185 before the subscriber, a
On this personally appeared the within-named Benjamin West, and made solemn oath. [or affirmation, as the case may be] that he verily believes himself to be the original and first inventor or producer of the design for a composition in alto relievo, and that he does not know or believe that the same was ever before known or used; and that he is a citizen of the United States.
SEC. XII. OF FOREIGN PATENTS.
A patent may be taken out by the inventor in a foreign country without affecting his right to a patent in the United States, provided the invention has not been introduced into public and common use in the United States prior to the application. In every such case the patent is limited to fourteen years from the date of the foreign letters patent. The introducer, as such, of a new invention from a foreign country is not entitled to letters patent. If an alien neglects to put and continue on public sale the invention in the United States, on reasonable terms, for eighteen months, he loses all the benefit of the patent.
Applications for inventions patented in a foreign country will be taken up for examination immediately after all the necessary papers and drawings have been filed, the fee paid, and the model deposited. As the letters patent issued in this country for inventions patented abroad bear date with the foreign letters patent, this rule has been adopted with the view of giving the longest term to the patent in this country. No invention will be considered as patented in a foreign country unless the specification has been enrolled, and the patent in all respects complete.
For a similar reason, applications for the surrender and reissue of letters patent, and for additional improvements to be added to original letters patent, will be examined immediately after they shall have been completed.
SEC. XIII. OF CAVEATS.
The 12th section of the act of 1836 provides: "That any citizen of the United States, or alien who shall have been a resident of the United States one year next preceding, and shall have made oath of his intention to become a citizen thereof, who shall have invented any new art, machine, or improvement thereof, and shall desire further time to mature the same, may, on paying to the credit of the treasury the sum of twenty dollars, file in the Patent Office a caveat, setting forth the design and purpose thereof, and its principal and distinguishing characteristics, and praying protection of his rights till he shall have matured his invention; which sum of twenty dollars, in case the person filing such caveat shall afterwards take out a patent for the invention therein mentioned, shall be considered a part of the sum herein required for the same. And such caveat shall be filed in the confidential archives of the office,