of Designs to the Patent Office. See "Models Deposited," post, marked XXXV., page 112.

XXXIV. Form of Receipt for Moneys Received by

dollars in

"The Treasurer of the United States [or other officer] has credit at this office for specie, deposited by

of the city, [town,

and

or township,] in the county of state of the same being for a patent [or name for what object] for a steam boiler.

(Signed,)

"A. B.,

"United States Treasurer."

XXXV. Models Deposited.

1. Models may be deposited with any United States Collector of Customs, Assistant Treasurer, or other parties similarly in the government employ, [see ante XXXIII., page 110,] who will forward the same, without charge, to the Patent Office.

2. Money, as deemed an expedient mode of sending it, is sometimes enclosed in the model, which is highly improper, and is prohibited by the rules of the office.

3. "The transmission of models by the agents extends to those for new applications, as well as those restored in consequence of the destruction of the originals." [Rules of the Patent Office.

PART SECOND.

DESIGNS.

THE act of August 29, 1842, determines the class of inventions or discoveries which belong under this head. The fees for obtaining a patent under it, are but half what is required in other cases, and, when obtained, it enures but half as long.

I. General Conditions.

1. The act authorizes the Treasurer of the United States to repay any money which had been paid into the Treasury by actual mistake, as for patent fees; thus precluding the necessity of special application to Congress for relief. The certificate of the Commissioner to that effect, suffices for the Treasurer to pay back such moneys.

2. The privilege of renewal of lost patents is now extended to those granted before the fire of December, 1836. Previously, it had been limited to those actually lost before the fire, thus excluding

10*

(113)

many lost subsequently, and before they were recorded anew in the office, leaving the inventor without remedy.

3. Protection by this act is extended to a new class of objects, namely, those not included under the head of Arts and Manufactures. They are therefore classed as Designs, and are so considered by the act. It declares 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 or 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 manufacture; 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 exclu

sive 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 proceeding had, may grant a patent therefor; 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, and that the duration of said patent shall be seven years; and that all 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." [Sect. 3, act August, 1842.

4. American ministers and consular agents, residing abroad, may administer the oath.

5. The stamping or affixing the name of any patentee on any article, without authority so to do, or the affixing the word patent or letters patent, or the stamp, mark, or devise of any patentee, on any unpatented article, for the purpose of deceiving the public, is forbidden under a penalty of not less than one hundred dollars; and this penalty applies in all cases of fraud or deception in arts and manufactures, as well as in matters of design under this act.

6. Patentees, or their assignees, are now 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 date cannot be printed thereon, it should be affixed to the case or package containing it.

7. Before the grant of any patent under this act, the application must be made by petition to the Commissioner of Patents, signed by the inventor. [See "Form of Petition for Design," marked II., page 117.] He shall also furnish a written description or specification [see "Specification of Design," marked III., page 117,] of his invention or production, in which the same shall be fully and clearly described; such specification to be signed by the inventor, witnessed by two witnesses, and verified under oath, or affirmation. [See "Form of Oath to Specification for Design,' marked IV., page 118.]

8. In all cases which admit of representation by drawings, the application must be accompanied by duplicate drawings and a specimen, and in other cases by duplicate specimens.

Observe, the provisions of penalty, &c., contained in section 6, ante, do not apply to patents granted prior to the passage of this act. And the penalty, &c., enforced in matters of Design, are also enforced in matters of Art and Manufacture.

[Note.-It will be seen that this act does not repeal or change the law under which patents have been heretofore granted, (that is, prior to August, 1842,) but is merely additional thereto—all patents, except for Designs, being granted for the