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and preserved in secrecy. And if application shall be made by any other person, within one year from the time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the Commissioner to deposite the description, specifications, drawings, and model in the confidential archives of the office, and to give notice (by mail) to the person filing the caveat of such application, who shall, within three months after receiving the notice, if he would avail himself of the benefit of his careat, file his description, specifications, drawings, and models; and if, in the opinion of the Commissioner, the specifications of claim interfere with each other, like proceedings may be had in all respects as are in this act provided in the case of interfering applications.
"Whenever the applicant shall request it, the patent shall take date from the time of filing the specification and drawings, not, however, exceeding six months prior to the actual issuing of the patent; and, on like request, and the payment of the duty herein required, by any applicant, his specification and drawings shall be filed in the secret archives of the office until he shall furnish the model, and the patent be issued, not exceeding the term of one year; the applicant being entitled to notice of interfering applications."
Caveats may be renewed yearly by payment of a new fee of $20; but the protection afforded by a caveat is against only such applications as are filed within the year from the time of filing the caveat.
A full description of the invention is required to enable the Commissioner of Patents to judge of interferences.
The law makes no provision for the filing of caveats by foreigners.
For the information of caveators, the following rules have been adopted: 1. Caveat papers cannot, under any circumstances, be withdrawn from the office, nor undergo any alteration, after they have been once filed; nor can any information concerning them be communicated to any person, at any time, without the consent of the caveators in writing.
2. Additional papers relating to the invention may be admitted under the same file, the date of reception of such papers being noted.
3. In case of filing papers additional to an original caveat, the right to notice of such papers expires with the caveat; and any additional papers, not relating to the invention as first caveated, are not entitled to notice.
4. Caveat papers once filed cannot be inspected by the eaveator, except in presence of a sworn officer, nor by any other persons than those duly authorized by law to examine such papers; nor can any information touching them be communicated to third parties without the consent of the caveator in writing.
5. The caveator, or other person properly authorized by him, may at any time obtain copies of the caveat papers at the usual rates.
6. It is desirable that caveats should be explicit as to the character and features of the invention, embrace suitable drawings or sketches, and a model if convenient. The caveat fails of its purpose when the invention is not sufficiently explained.
FORM OF CAVEAT.
To the COMMISSIONER OF PATENTS:
The petition of Amos Whittemore, of the city and county of New York, and State of New York
That he has made certain improvements in the machine for making wool cards, 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.
NEW YORK, July 16, 1849.
Here should follow a description of the general principles of the invention, so far as it has been completed.
SEC. XIV. OF THE DURATION OF PATENTS, AND THE PENALTY FOR ILLEGALLY STAMPING ARTICLES.
The term for which a regular patent is granted is fourteen years; but it may, under certain circumstances, be extended for seven years, as herein before mentioned. Patents for designs are granted for seven years only.
Stamping or affixing the name of any patentee on any article without authority so to do, or affixing the word patent, or letters patent, or the stamp, mark, or device of any patentee, on any unpatented article, is forbidden under a penalty of not less than one hundred dollars.
Patentees or their assignees are required to affix the date of the patent on each article vended or offered for sale, under a like penalty; thus affording to the public notice of the duration of the patent. When the article is of such a nature that the name of the patentee cannot be printed thereon, it should be affixed to the case or package containing it.
SEC XV. OF THE REPAYMENT OF MONEY DEPOSITED BY MIS
The first section of the act of 1842 authorizes the Treasurer of the United States to pay back any money which has been paid into the treasury by actual mistake, as for patent fees, thus precluding the necessity of special application to Congress for relief, and is in the following words: That "the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the patent fund, any sum or sums of money, to any receiver or depository, to the credit of the Treasurer, as for fees accruing at the Patent Office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to said Treasurer by the Commissioner of Patents."
SEC. XVI. OF GRANTING ANEW LOST PATENTS, AND SUCH AS WERE DESTROYED BY THE FIRE OF 1836.
The third section of the act of March 3, 1837, provides: "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 deposite 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."
The privilege of renewal of lost patents is now extended to those granted before the fire of December, 1836. Formerly, it was limited to those actually lost before the fire, thus excluding many lost subsequently, and before they were recorded anew in this office, leaving the inventor without remedy.
FORM OF OATH ON RESTORING DRAWINGS, OR SKETCHES FROM WHICH DRAWINGS MAY BE MADE, TO REPLACE THE ORIGINALS DESTROYED IN THE OFFICE.
On the first day of March, 1838, before the subscriber, a ally appeared Robert Fulton, of the city of New York, and made solemn oath that he is the inventor [or is interested in the invention as administrator, &c.] of an improved mode for which letters patent
of the United States were granted to him, dated the day of ; and the annexed drawing [or sketch] is, as he verily believes, a true delineation of the invention described in the said letters patent. A. B.
N. B. Patentees, and the public in general, are urged to use their influence to aid the office in restoring the records of all patents and assignments on record before the fire in December, 1836. The same cannot be used in evidence unless so recorded anew. No expense is incurred. The papers are received and transmitted by mail free of postage.
SEC. XVII. OF ASSIGNMENTS.
An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name; but the assignment must be first entered of record, and the application therefor must be duly made, and the specification signed and sworn to by the inventor. In the case of an assignment by a foreigner, the same fee will be required as if the patent issued to the inventor.
The assignment of a patent may be of the whole or of an undivided part, "by any instrument in writing." All assignments, and also the grant or conveyance of the use of the patent in any town, county, State, or specified dis
trict, must be recorded in the Patent Office within three months from the date of the same. But assignments, if recorded after three months have expired, will be on record as notice to protect against subsequent purchasers. Grants and assignments, recorded prior to the 15th December, 1836, must be recorded anew before they can be valid as evidence of any title.
In all cases in which the entire invention has been assigned before the issue of the patent, the correspondence should be in the name of the assignee, he being the party in interest.
By the act of May 27, 1848, the Commissioner of Patents is directed to charge fees for recording assignments, powers of attorney, licenses, &c., at the following rates, viz:
On all assignments, &c., which shall not contain over 300 words
On all assignments, &c., containing more than 300 words, and not more than 1,000 words
On all assignments, &c., containing more than 1,000 words
Which fees are, in all cases, to be paid in advance, in specie.
The receipt of assignments is never acknowledged by the office, but they are generally recorded in their turn, and transmitted to the persons entitled to them.
FORM OF ASSIGNMENT OF AN ENTIRE INVENTION, BEFORE OBTAINING LETTERS PATENT, AND TO BE RECORDED PREPARATORY THERETO.
Sealed and delivered in the presence of—
Whereas I, Jethro Wood, of Scipio, in the county of Cayuga, and State of New York, have invented certain new and useful improvements in ploughs, for which I am about to make application for letters patent of the United States; and whereas David Peacock, of Burlington, New Jersey, 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 Wood, the sum of five thousand dollars, 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 David Peacock, 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 David Peacock, as the assignee of my whole right and title thereto, for the sole use and behoof of the said David Peacock and his legal representatives.
In testimony whereof I have hereunto set my hand and affixed my seal, this sixteenth day of July, 1849.
JETHRO WOOD. [L. s.]
FORM OF ASSIGNMENT OF A PARTIAL RIGHT IN A PATENT.
Whereas I, Jethro Wood, of Scipio, in the county of Cayuga, and State of New York, did obtain letters patent of the United States for certain improve
ments in ploughs, which letters patent bear date the first day of March, 1838; and whereas, David Peacock, of Burlington, New Jersey, is desirous of acquiring an interest therein: Now, this indenture witnesseth, that, for and in consideration of the sum of two thousand dollars, 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, unto the said David Peacock, 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 New York, New Jersey, and Pennsylvania, and in no other place or places. The same to be held and enjoyed by the said David Peacock, 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 hereunto set my hand and affix my seal, this sixteenth day of July, 1849.
JETHRO WOOD. [L. S.]
Sealed and delivered in the presence of―
SEC. XVIII. OF THE FEES-HOW PAYABLE.
All fees must be paid in SPECIE, and in advance, except those required for drawings and copies, the expense of which will be communicated on application for the same.
Every applicant, on presenting his petition or application, must pay into the treasury of the United States, or into the Patent Office, or to any of the Assistant treasufers, treasurers of the mint and branch mints, collectors and surveyors of customs, and receivers of public money, particularly named below, a deposite to the credit of the Treasurer, as follows:
If a citizen of the United States, as a patent fee
If a foreigner, who has resided in the United States one year next preceding the application for a patent, and shall have made oath of his intention to become a citizen
If a subject of the sovereign of Great Britain
All other foreigners
On entering a caveat
On entering an application for an appeal from the decision of the
On extending the patent beyond the fourteen years
For adding to a patent the specification of a subsequent improvement
On surrender of an old patent, to be reissued to correct a mistake of the patentee
On application for a design
For copies of patents, or any other paper on file, for each 100 words
30 00 500 00 300 00
15 00 15 00
10 00 10 1.00
2.00 3 00