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but that the cases should be submitted to arbitrament, the parties chosen for that office being qualified for the task. In France this is the law, and in England the principle is recognized by the judges in Admiralty, who, in disputes involving questions of nautical skill, call to their aid experts in the art of navigation, and are indoctrinated by their counsels.

Laws of the United States on the Subject of Patents.

"THE Congress shall have power to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries: To make all laws which shall be necessary and proper, for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or office thereof." [Federal Constitution, Art. I. Sect. 8.

PART FIRST.

ARTS AND MANUFACTURES.

THE act of July 4, 1836, repealed all acts passed prior to that period. The acts subsequently passed were approved March 3, 1837, March 3, 1839, August 29, 1842 and May 27, 1848.

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I. General Conditions.

1. "Any person or persons, having discovered or invented any new and useful art, machine, manufacture, or composition of matter; or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; and shall desire to obtain an exclusive property therein, 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."-[Clause sect. 6, act 1836. But] "No patent shall be held to be invalid by reason of such purchase, sale, or use, prior to the application for a patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale, or prior use has been for more than two years prior to such application for a patent." [Clause sect. 7, act March 3, 1837.]

2. Patents are "granted for the term of fourteen years; but for cause shown, as herein after specified," extensions are authorized for a term of seven years.

3. Patents shall be granted to citizens of the United States, and to aliens, who shall have been residents of the United States one year next preceding [application,] and who shall have made

oath of their intention to become citizens thereof. [Sect. 12, act 1836.] And the same rights are accorded to foreigners, who are inventors or discoverers, and who are not citizens, nor design to become such; provided they pay the fees prescribed, [see Fee Table, page, 23 Introductory,] and submit to the general conditions.

4. A patent may be taken out by the inventor or discoverer, in a foreign country, without affecting his right to a patent in the United States, provided the invention or discovery has not been introduced into the United States, and is in common use, prior to such application. In every case of the kind, the patent is limited to the period of fourteen years from the date of the letters patent obtained abroad. Observe, farther, that "a patent is not granted upon the introduction of a new invention from a foreign country, unless the person who introduced it be the inventor or discoverer. If an alien neglects to put and continue on sale, the invention in the United States, to the public, on reasonable terms, for eighteen months, the patentee loses all benefit of the patent." [Ibid, and sect. 6, act 1839.

5. The benefit of patents extends to works of fine art, as well as works of useful art; and to aliens who have "declared their intentions," as well as citizens of the United States. [Sect. 3, act 1842.

6. Joint inventors or discoverers may apply and obtain a patent; but neither, as joint partners, can claim one separately. [Act 1836.

7. An inventor or discoverer can assign his right, before a patent is granted, so as to allow the assignee to take out letters in his own name; but the assignment must first be entered of record, and the application therefor be duly made in form, and the specification be sworn to and subscribed by the inventor. [And when the assignment is made by a foreigner, the same fee will be charged as if the patent had issued to the inventor. [Ibid.

8. An assignment of a patent may relate to "the whole or to an undivided part, according to the terms of any instrument in writing." All assignments, and also the grant or conveyance of the use of the patent in any state, county, town, or district, must be recorded in the Patent Office within three months of the date of the same. Nevertheless, assignments, if recorded after the lapse of the three months specified, will remain on record as notice to protect against subsequent purchases. Patents, grants, and assignments, recorded prior to the 15th of December, 1836, must be recorded anew before they can be valid as evidence of any title. [Sect. 3, act 1837.] And the privilege of renewing patents lost prior to the period named, is extended to patents granted prior to the same period, though they may have been lost subsequently; provided that the same shall not have been recorded anew under the provisions of the act of 1837. [Sect. 2, act 1842.

9. In case of the decease of an inventor, before he has obtained a patent for his invention, pro

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