IX. Form of Oath for Applicants.

1. "County of Philadelphia,

State of Pennsylvania, J

ss:

"On this tenth day of July, 1805, before the subscriber, a [insert official title,] personally appeared the within named John Fitch, and made solemn oath [or affirmation] that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting, and that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States.

Signed,

"A. B." [Note. If a foreigner, the applicant should state of what country he is a citizen; and an alien applying as a citizen, should make oath that he has been a resident of the United States " one year next preceding his application for letters patent, and has made oath of his intention to become a citizen thereof." The form may be so changed as to embrace such facts.]

X. Re-issue to Correct a Defective Description.

1. When an applicant wishes to cancel an old patent, and to correct a mistake or error, which has arisen from inadvertence, he should state this fact in his application for re-issue, and in express words surrender the old patent, [see "Form of Surrender of a Patent for Re-issue," marked XIII., page 77,] which must be transmitted to the Patent Office before a new patent will be issued. And no

improvement or alteration, made subsequent to the filing of the application upon which the original patent was granted, can be introduced into a patent upon re-issue. For example: "whenever any patent, which has heretofore been granted, or which shall hereafter be granted, 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." [Sect. 13, act 1836.

2. When the original patent has been lost, the law provides that, before a re-issue can be granted, "the original patent shall be restored," [as see "Granting Anew Lost patents," marked XI., page 75,] and then surrendered.

3. The claim in the re-issue is subject to similar examination as in the case of original patents; and “if it shall appear that any part of the claim

was not original, at the time of granting the patent, the re-issue will not be granted, unless said part be omitted in the claim, or a disclaimer filed in the patent office." [See "Disclaimers," marked XII., page 76.] "And if there is not anything which can be claimed, the re-issue cannot be granted, and the surrendered patent cannot be returned." [Observe, this latter is one of the most important clauses in the body of the patent laws.] "Where the patent was granted before the 15th of December, 1836, a model and drawings of the invention, as originally patented, verified by oath, must be deposited in the patent office, before a re-issue can be granted, unless dispensed with by the Commissioner." [Sect. 3, act March, 1837.

4. "In case of the death" of the inventor, "or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators, or assignees; and the patent so re-issued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the original patent." [Clause Sect. 13, act 1836.

5. On the surrender of a patent, several patents may be issued for distinct and separate parts of the invention, upon the payment of thirty dollars for every additional patent issued.

XI. Granting Anew Lost Patents.

1. "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 deposit in the patent office a duplicate, as near as may be, of the original model, drawings, and descriptions, with specifications 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." [Sect. 3, act March, 1837.

2. Copies of patents issued prior to the date named, and which have not been recorded anew, are inoperate by law until they are so recorded. [See "Form of Oath on Restoring Drawings," &c., marked XXI., page 90.

XII. Disclaimers.

1. The object of disclaimers has been adverted to already, [X. 3, page 74.] The law provides "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 or 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, [See "Form of Disclaimer," marked XIV., page 78,] 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 effect any action pending at the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same." [Sect. 7, act 1837.