Lapas attēli
PDF
ePub

TITLE XI.

CHAPTER ONE.

SEC. 440. There shall also be in the department of the interior,

**

In the patent office :

*

*

One chief clerk, at a salary of two thousand five hundred dollars a year.

One examiner in charge of interferences, at a salary of two thousand five hundred dollars a year.

One examiner in charge of trade-marks, at a salary of two thousand five hundred dollars a year.

Twenty-four principal examiners, one of whom shall be librarian,* at a salary of two thousand five hundred dollars a year each.

Twenty-four first assistant examiners, at a salary of one thousand eight hundred dollars a year each.

Twenty-four second assistant examiners (two of whom may be women) at a salary of one thousand six hundred dollars a year each.

Twenty-four third assistant examiners, at a salary of one thousand four hundred dollars a year each.†

One librarian, at a salary of two thousand dollars a year.

One machinist, at a salary of one thousand six hundred dollars a year.

Three skilled draughtsmen, at a salary of one thousand two hundred dollars a year each.

*So amended by act of March 3, 1875, ch. 129, 18 Stat. 365.

† By the act of March 3, 1875, ch. 129, 18 Stat. 365, the grade of third assistant examiner in the patent office was abolished, but an appropriation is made for that class of officers in the act of March 3, 1883, 22 Stat. 557.

Thirty-five copyists of drawings, at a salary of one thousand dollars a year each.

One messenger and purchasing clerk, at a salary of one thousand dollars a year.

One skilled laborer, at a salary of one thousand two hundred dollars a year.

Eight attendants in the model-room, at a salary of one thousand dollars a year each.

Eight attendants in the model-room, at a salary of nine hundred dollars a year each.

Statute Revised—July 8, 1870, ch. 230, §§ 2, 3, 16 Stat. 198.

Prior Statutes-July 4, 1836, ch. 357, § 2, 5 Stat. 118.-March 3, 1837, ch. 45, § 10, 5 Stat. 194.-May 27, 1848, ch. 47, §§ 1, 3, 9 Stat. 231, 232.-March 3, 1853, ch. 97, § 3, 10 Stat. 209.-April 22, 1854, ch. 52, 1, 10 Stat. 276. --August 18, 1856, ch. 129, §§ 9, 10, 11 Stat. 91.—March 2, 1861, ch. 88, §§ 4, 7, 12 Stat. 247.-March 3, 1863, ch. 102, § 2, 12 Stat. 796.--March 29, 1867, ch. 17, § 1, 15 Stat. 10.

NOTE. The changes in the employees in the patent office will be found in the appropriation act of March 3, 1883, 22 Stat. 557.

CHAPTER TWO.

SEC. 441. The Secretary of the Interior is charged with the supervising of public business relating to the following subjects:

Fifth. Patents for inventions.

Statute Revised-July 8, 1870, ch. 230, § 1, 16 Stat. 198.

Prior Statute-March 3, 1849, ch. 108, § 2, 9 Stat. 395.

An application for a mandamus to compel the issue of a patent must be against the Secretary of the Interior and not against the Commissioner of Patents. U. S. v. Marble, 22 O. G. 1365.

Appeal.

The decisions of the Commissioner of Patents while acting in a judicial capacity are not subject to review by the Secretary of the Interior. Edison v. Edison, 9 O. G. 403; Workman v. McNaught, 16 O. G. 216.

If the Commissioner declines to issue a patent because there is no novelty in the claim, no appeal lies to the Secretary of the Interior. Franklin B. Hunt, 13 O. G. 771.

The Secretary of the Interior cannot review a decision of the Commissioner excluding the deposition of a witness. Workman v. McNaught, 16 O. G. 216.

The power to supervise includes the power to direct and is applicable to executive duties. Edison v. Edison, 9 O. G. 403.

If the Commissioner neglects or refuses to perform any duty required by law to be performed by him, or performs a ministerial or administrative duty improperly, the Secretary of the Interior, by virtue of his supervisory power, may direct him in its performance. James Sargent, 12 0. G. 475.

[blocks in formation]

SEC. 475. There shall be in the department of the interior an office known as the patent office, where all records, books, models, drawings, specifications and other papers and things pertaining to patents shall be safely kept and preserved.

Statute Revised-July 8, 1870, ch. 230, § 1, 16 Stat. 198.

Prior Statute-July 4, 1836, ch. 357, § 1, 5 Stat. 117.

SEC. 476. There shall be in the patent office a commissioner of patents, one assistant commissioner and three examiners-in-chief, who shall be appointed by the President by and with the advice and consent of the Senate. All other officers, clerks and employees authorized by law for the office shall be appointed by the Secretary of the Interior, upon the nomination of the commissioner of patents.

Statute Revised-July 8, 1870, ch. 230, § 2, 16 Stat. 198.

Prior Statutes-July 4, 1836, ch. 357, § 1, 5 Stat. 117.-March 2, 1861, ch. 88, § 2, 12 Stat. 246.-March 3, 1869, ch. 121, § 1, 15 Stat. 294.

SEC. 477. The salaries of the officers mentioned in the preceding section shall be as follows:

The commissioner of patents, four thousand five hundred dollars a year.

The assistant commissioner of patents, three thousand dollars a year.

Three examiners-in-chief, three thousand dollars a year each.

Statute Revised-July 8, 1870, ch. 230, § 4, 16 Stat. 199.

Prior Statutes-July 4, 1836, ch. 357, 1, 5 Stat. 117.-March 3, 1837, ch. 45, § 10, 5 Stat. 194.-March 2, 1861, ch. 88, §§ 2, 4, 12 Stat. 246.

SEC. 478. The seal heretofore provided for the patent office shall be the seal of the office, with which letters patent and papers issued from the office shall be authenticated.

Statute Revised-July 8, 1870, ch. 230, § 12, 16 Stat. 200.
Prior Statute-July 4, 1836, ch. 357, § 4, 5 Stat. 118.

SEC. 479. The commissioner of patents and the chief clerk, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, conditioned for the faithful discharge of their respective duties, and that they shall render to the proper officers of the treasury a true account of all money received by virtue of their offices.

Statute Revised-July 8, 1870, ch. 230, § 6, 16 Stat. 199.

Prior Statute-July 4, 1836, ch. 357, § 3, 5 Stat. 118.

SEC. 480. All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indi rectly, except by inheritance or bequest, any right or interest in any patent issued by the office.

Statute Revised-July 8, 1870, ch. 230, § 16, 16 Stat. 200.
Prior Statute-July 4, 1836, ch. 357, § 2, 5 Stat. 118.

« iepriekšējāTurpināt »