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Patents to Officers and Employees.

If a person makes an invention before he becomes an employee he does not thereby forfeit or dedicate the invention to the public. He is simply prevented from taking a patent while he remains an employee; but as soon as his employment ceases he is in the same position, so far as any effect of the mere fact of his having been in such employment is concerned, as if he had never been in such employment. Page v. Holmes B. S. Tel. Co., 17 0. G. 737; s. c. 17 Blatch. 484; 5 Ban & Ard 165; 1 Fed. Rep. 304. A commissioner after his commission ceases may take out a patent for an invention made by him while he was in office, and in a controversy with others the invention may be referred to the true date. Foote v. Frost, 14 O. G. 860; s. c. 3 Ban & Ard 607.

SEC. 481. The commissioner of patents, under the direction of the Secretary of the Interior, shall superintend or perform all duties respecting the granting and issuing of patents directed by law; and he shall have charge of all books, records, papers, models, machines and other things belonging to the patent office.

Statute Revised-July 8, 1870, ch. 230, § 7, 16 Stat. 199.
Prior Statute-July 4, 1836, ch. 357, § 1, 5 Stat. 117.

SEC. 482. The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the appellant, to revise and determine upon the validity of the adverse decisions of examiners upon applications for patents and for reissues of patents, and in interference cases; and when required by the commissioner they shall hear and report upon claims for extensions, and perform such other like duties as he may assign them.

Statute Revised-July 8, 1870, ch. 230, § 10, 16 Stat. 199.
Prior Statute-March 2, 1861, ch. 88, § 2, 12 Stat. 246.

Decisions.

The decision of the examiners-in-chief must be limited to the questions presented to them by the appeal of the party who considers himself aggrieved. Brown v. La Dow, 18 O. G. 1049.

SEC. 483. The commissioner of patents, subject to the approval of the Secretary of the Interior, may from time

to time establish regulations, not inconsistent with law, for the conduct of proceedings in the patent office.

Statute Revised-July 8, 1870, ch. 230, § 19, 16 Stat. 200.

Rules.

If a rule established by the patent office is within the powers of the office it is just as authoritative as an act of Congress itself. U. S. v. Marble, 22 O. G. 1365.

If the rules do not permit the use of affidavits in a particular case the commissioner may pass a special order allowing them. Rodgers, 16 O. G. 1233.

SEC. 484. The commissioner of patents shall cause to be classified and arranged in suitable cases, in the rooms and galleries provided for that purpose, the models, specimens of composition, fabrics, manufactures, works of art and designs, which have been or shall be deposited in the patent office; and the rooms and galleries shall be kept open during suitable hours for public inspection.

Statute Revised-July 8, 1870, ch. 230, § 13, 16 Stat. 200.
Prior Statute-July 4, 1836, ch. 357, § 17, 5 Stat. 125.

SEC. 485. The commissioner of patents may restore to the respective applicants such of the models belonging to rejected applications as he shall not think necessary to be preserved, or he may sell or otherwise dispose of them after the application has been finally rejected for one year, paying the proceeds into the treasury, as other patent moneys are directed to be paid.

Statute Revised-July 8, 1870, ch. 230, § 14, 16 Stat. 200.
Prior Statute-March 2, 1861, ch. 88, § 5, 12 Stat. 247.

SEC. 486. There shall be purchased for the use of the patent office a library of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose.

Statute Revised-July 8, 1870, ch. 230, § 15, 16 Stat. 200.

SEC. 487. For gross misconduct the commissioner of patents may refuse to recognize any person as a patent agent, either generally or in any particular case; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior. Statute Revised-July 8, 1870, ch. 230, § 17, 16 Stat. 200.

Patent Agents.

The death of the inventor revokes the power of attorney given to an agent. Eagleton Manuf. Co. v. W. B. & C. Manuf. Co., 17 O. G. 1504; s. c. 18 Blatch. 218; s. c. 5 Ban & Ard 475; s. c. 2 Fed. Rep. 774.

A patent agent does not sustain the same relation to the patent office as an attorney sustains to a court. An attorney is a permanent officer of the court, retained by parties in particular cases; but a patent agent is not an officer of the patent office. He is connected with the patent office only by means of the particular cases in which he is employed. Hoosier Drill Co. v. Ingels, 15 O. G. 1013.

The law prescribes no qualification either of capacity, character, age, sex or citizenship, or of any other kind for patent agents. Hoosier Drill Co. v. Ingels, 15 O. G. 1013.

When an inventor sends a notice to the patent office that he has discharged an agent, that is sufficient so far as the patent office is concerned. Hoosier Drill Co. v. Ingels, 15 O. G. 1013.

A discharge of an agent will not be effective against a third party until notice thereof is communicated to him. Hoosier Drill Co. v. Ingels, 15 O. G. 1013.

If a revocation of a power of attorney is received while a case is in the issue division it must be submitted to the commissioner for his action. Pitney, 17 O. G. 447.

If an inventor assigns his entire interest after executing a power of attorney, the attorney will not be allowed to proceed until he gets a new power. Ackerman, 17 0. G. 1036.

An attorney is entitled to retain possession of the letters patent until his fees are paid. Bowers, 16 O. G. 1004.

If an attorney agrees to pay all the expenses in obtaining a patent, and in consideration thereof the inventor agrees to give him an interest in the patent and executes a power of attorney as a part of the agreement, the power is irrevocable and the patent will be issued to the attorney. W. H. Harrison, 13 O. G. 547.

SEC. 488. The commissioner of patents may require all papers filed in the patent office, if not correctly, legibly, clearly written, to be printed at the cost of the party filing them.

Statute Revised-July 8, 1870, ch. 230, § 18, 16 Stat. 200.
Prior Statute-March 2, 1861, ch. 88, § 8, 12 Stat. 247.

SEC. 489. The commissioner of patents may print, or cause to be printed, copies of the claims of current issues,

and copies of such laws, decisions, regulations and circulars, as may be necessary for the information of the public.

Statute Revised-July 8, 1870, ch. 230, § 20, 16 Stat. 200.

SEC. 490. The commissioner of patents is authorized to have printed, from time to time, for gratuitous distribution, not to exceed one hundred and fifty copies of the complete specifications and drawings of each patent hereafter issued, together with suitable indexes, one copy to be placed for free public inspection in each capitol of every State and Territory, one for the like purpose in the clerk's office of the district court of each judicial district of the United States, except when such offices are located in State or territorial capitols, and one in the library of Congress, which copies shall be certified under the hand of the commissioner and seal of the patent office, and shall not be taken from the depositories for any other purpose than to be used as evidence..

Statute Revised-January 11, 1871, Res. No. 5, 16 Stat. 590.

SEC. 491. The commissioner of patents is authorized to have printed such additional numbers of copies of specifications and drawings, certified as provided in the preceding section, at a price not to exceed the contract price for such drawings, for sale, as may be warranted by the actual demand for the same; and he is also authorized to furnish a complete set of such specifications and drawings to any public library which will pay for binding the same into volumes to correspond with those in the patent office, and for the transportation of the same, and which shall also provide for proper custody for the same, with convenient access for the public thereto, under such regulations as the commissioner shall deem reasonable.

Statute Revised-January 11, 1871, Res. No. 5, 16 Stat. 590.

SEC. 492. The lithographing and engraving required by the two preceding sections shall be awarded to the lowest and best bidders for the interests of the government, due regard being paid to the execution of the work, after due advertising by the congressional printer, under the direction of the joint committee on printing; but the joint committee on printing may empower the congressional printer to make immediate contracts for engraving whenever, in their opinion, the exigencies of the public service will not justify waiting for advertisement and award; or if, in the judgment of the joint committee on printing, the work can be performed under the direction of the commissioner of patents more advantageously than in the manner above prescribed, it shall be so done, under such limitations and conditions as the joint committee on printing may from time to time prescribe.

Statutes Revised-January 11, 1871, Res. No. 5, 16 Stat. 590.-March 24, 1871, ch. 5, § 1, 17 Stat. 2.

SEC. 492 A. (Act of March 3, 1875, ch. 130, § 12, 18 Stat. 402.) That it shall be the duty of the commissioner of patents to furnish, free of cost, one copy of the bound volumes of specifications and drawings of patents published by the patent office, to each of the executive departments of government, upon the request of the head thereof.

SEC. 492 B. (Act of March 3, 1881, ch. 148, § 1, 21 Stat. 509.) That the sum of ten thousand dollars be, and the same hereby is, appropriated, out of any moneys belonging to the patent fund in the treasury not otherwise appropriated, to be expended under the direction of the commissioner of patents in the preparation of classified abridgments of all letters patent of the United States.

SEC. 492 C. (Act of March 3, 1881, ch. 148, § 2, 21 Stat. 509.) That the said abridgments shall be printed, and one copy of each shall be furnished to each senator,

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