Form of sath to be up, ended to applications for reissue. CITY AND COUNTY OF PHILADELPHIS, Oa this day of ———, 186—, before the subscriber, a ally appeared the above-named Samuel Morey, and made soleman oath for airmation that he verily, believes that, by reason of an in-athcient or defective specifics on, his aforesaid patent is not fully valid and available to hita and that the gubi error his arise. from inedyerter.ce, accident, or mistake, and vahour any inondolent or deceptive intention, to the best of his knowl dye or Mig 59. Apriications for rekenes will no lenge" be kept secret, and Information respecting de rame will be far dished upon diguity, or will as copies of the proposcó ela las for publication. OF PISCLAIMERS. 60. Where, by inadvertence, recident, or minake, the orginal pateri is too broad, a disclaimer toy be filed either by the origin! patenter or by any of Lisas ip4 - (44 of 1857 rection 7.) 61. The following is a smdient form for a di cloner: 16 THE COMMISSIONER OF PATENTE: The petition of Sob, s'iau Cabot, of Cabot, ille, in the county of Hampden and State of Massachusetts, RESPECTULLY REPRESENTS : That he has, by giant, dry rended in the a fem Ofice, hecome the owner of a right for the sever d states of Massachusetts / Corn.cticat, and Rhode Is. luc, tó egrtain improvements in the steam-engine, for yoich levers patent of the United States were granted to John Doe, of Boston, in the State of Massachusetts, dated on the dist day of March, 1850; that he has reason to a-lieve that through inadvencace and mistake, the Cain made in the speciation of said letters patent is too byol, incriding that of which the said patentee was not the first a ventor. Your P fationer, there re, hereby enter his die Taraor to that part of the claim in the serenamed specification whieb is n. th - following voids, to wn: "I also chin the particular master 15 which the pis on of the above deserit ed enginé i co v tueted so as to ma arve the close firing of the picking, thereof to the cyliner, as et forth;" which disclaimer is to operate to the extent of the interest in raid lottus pate it vested in your petitioner, who has paid ten dollars into the reasary of the Loited Stucs, agy cably to the rog frements of the set of Congress in that case made and provaled. ALBASTIAN CABOT. When the disclaimer is made by the origit a patentee, it must, of course be so werden as to express that foot. OF EXTENSIONS. 62. No patent granted siuen, the 23 of Mach 1861, except for a desiga, ern bc extended. 63. The power of extendia, patents granted previously for seven years from the Ly on which it would expice is now vested in the Commissioner of Patents.--(Act ci' 1836, section 15, and act of 1848, section 1.) 64. The applicant for an extension must file his petition and pay in the requisite fee at least ninety days prior to the expiration of his patent. There is no power in the Patent Office to renew a patent after it has once expired.-(Act of 1836, section 18; 1848, section 1.) 65. The questions which arise on each application for an extensión are: 1. Is the invention novel? 2. Is it useful? 3. Is it valuable and important to the public? 4. Has the inventor been adequately remunerated for his time and expense in originating and, perfecting it? 5. Has he used due diligence in introducing his invention into general use? The first two questions will be determined upon the result of an examination in the Patent Office; as will also the third, to some extent. To enable the Commissioner to come to a correct conclusion in regard to the third point of inquiry, the applicant should, if possible, procure the testimony of persons disinterested in the invention, which testimony should be taken under oath. In regard to the fourth and fifth points of inquiry, in addition to his own oath showing his receipts and expenditures on account of the invention, by which its value is to be ascertained, the applicant should show, by testimony on oath, that he has taken all reasonable measures to introduce his invention into general use; and that, without default or neglect on his part, he has failed to obtain from the use and sale of the invention a reasonable remuneration for the time, ingenuity, and expense bestowed on the same, and the introduction thereof into use. 66. In case of opposition by any person to the extension of a patent, both parties may take testimony, each giving reasonable notice to the other of the time and place of taking said testimony, which shall be taken according to the rules prescribed by the Commissioner of Patents in cases of interference. 67. All arguments submitted must be in writing. 68. A monopoly of his invention was secured by the law formerly in force to the inventor for the term of fourteen years, with a view to compensate him for his time and expense in originating and perfecting it. At the end of the time for which his patent runs his monopoly should cease, and the invention become public property, unless he can show good reason for the contrary. The presumption is always against his application; and if he cannot show that his invention is novel, useful, and valuable, and important to the public, and that having made all reasonable effort to introduce it into general use, he has not been adequately remunerated for his time and expense in discovering and perfecting it, the Commissioner cannot grant an extension. 69. The applicant for an extension must furnish to the office a statement in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures. This statement should be made particular and in detail, unless sufficient reason is set forth why such a statement cannot be furnished-(Atc of 1836, section 18; 1848, section 1.) This statement must be filed within thirty days after filing his petition. 70. Any person who intends to oppose an application for extension may, at any time after such application has been made, give notice of such intention to the applicant. After this he will be regarded as a party in the case, and be entitled to notice of the time and place of taking testimony, as well as to a list of the names and residences of witnesses whose testimony may have been previously taken; but he must file his reasons in the Patent Office at least twenty days before the day of hearing. 71. The person opposing the extension will be entitled to a copy of the application, and of any other papers on file, upon paying the costs of copying. 72. In contested cases no testimony will be received, unless by consent, which has been taken within thirty days next after the filing of the petition or the extension. 73. In the notice of the application for an extension a day will be fixed for the reception of testimony; a day ten days later for the reception of arguments; and a day ten days after this for a hearing. 74. Applications for a postponement of the hearing must be made and supported according to the same rules as are to be observed in the case of interferences. But they will not be granted in such a manner as to cause a risk of preventing a decision in season. OF DESIGNS. 75. Any citizen or citizens, or alien or aliens, having resided one year in the United States and taken 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, an 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 exclusive property of 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 proceedings had, may grant a patent therefor, as in the case now of application for a patent, for the term of three and one-half years, or for the term of seven years, or for the term of fourteen years, as the said applicant may elect in his application: Provided, That the fee to be paid in such application shall be for the term of three years and six months, ten dollars; for seven years, fifteen dollars; and for fourteen years, thirty dollars; And provided, That the patentees of designs under this act shall be entitled to the extension of their respective patents for the term of seven years from the day on which said patents shall expire, upon the same terms and restrictions as are now provided for the extension of letters patent-(Act of March 2, 1861, section 11.) 76. Trade marks, merely, are not patentable. There must be some new design, such as is contemplated by section 75, to authorize a patent. 77. The following or other equivalent forms are proper to be observed in the - applications of this nature: Form of application for patents for designs. To THE COMMISSIONER OF PATENTS: The petition of Benjamin: West, of the city and county of Philadelphia and State of Pennsylvania, RESPECTFULLY REPRESENTS: That your petitioner has invented or produced a new and original design for , which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, for the term of years, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided, he having paid dollars into the treasury, and complied with the other provisions of the said act. BENJAMIN WEST. 78. The following may be used as a form of specification for designs: TO ALL WHOM IT MAY CONCERN : Be it known that I, Benjamin West, of the city of Philadelphia, in the county of Philadelphia, and State of Pennsylvania, have originated and designed a new pattern for carpets or other fabrics, (or design for a trade mark,) of which the following is a full, clear, and exact description, reference being had to the accompanying specimens or drawings, making part of this specification. [Here follows a description of the design, with reference to the specimen or drawing, the specification, to conclude as follows:] Claim. What I claim as my invention and desire to secure by letters patent is the design or pattern for carpets or other fabrics (or design for a trade mark) herein set forth. day of 186-, before the subscriber, a On this -, personally appeared the within-named Benjamin West, and made solemn oath (or affirmation, as the case may be) that he verily believes himself to be the original and first inventor, or producer, of the design for a composition in alto-relievo, and that he does not know or believe that the same was ever before known or used, and that he is a citizen of the United States. Models for designs may be disposed of by the Commissioner at his discretion. OF FOREIGN PATENTS. 79. The taking out of a patent in a foreign country does not prejudice, a patent previously obtained here; nor does it prevent obtaining a patent here subsequently. 80. When application is made for a patent for an invention which has been already patented abroad, the inventor will be required to make oath that, according to the best of his knowledge and belief, the same has not been introduced into public and common use in the United States. 81. An applicant who has obtained a foreign patent should (temporarily) file in the office the patent so obtained, with the specifications (provisional or complete) attached, or a sworn copy of them. But where such papers or copies cannot be conveniently furnished, it will be sufficient if the reasons of such inability be set forth by affidavit; and the applicant shall also state the fact that a foreign patent has actually been obtained, giving its date, and showing clearly that the invention so patented covers the whole ground of his present application. OF CAVEATS. 82. Any citizen of the United States, or alien who has resided for one year last past in the United States, and has made oath of his intention to become a citizen thereof, can file a caveat in the secret archives of the Patent Office on the payment of a fee of ten dollars therefor. And if, at any time within one year thereafter, another person applies for a patent for the same invention, the caveator will be entitled to notice to file his application, and to go into interference with the applicant for the purpose of proving priority of invention, and obtaining the patent if he succeed-(Act of 1836, section 12) He must file his application within three months from the day on which the notice to him is deposited in the post office at Washington, adding the regular time for the transmission of the same to him; and the day when the time for filing expires shall be mentioned in the notice or indorsed thereon. 83. The caveator will not be entitled to notice of any application pending at the time of filing his caveat, nor of any application filed after the expiration of one year from the date of filing the caveat; but he may renew his caveat at the end of one year by paying a second caveat fee of ten dollars, which will continue it in force for one year longer, and so on from year to year as long as the caveator may desire. 84. No caveat can be filed in the secret archives of the office unless accom. panied by an oath of the caveator that he is a citizen of the United States, or that he is an alien and has resided for one year last past within the United States, and has made oath of his intention to become a citizen thereof; nor unless the applicant also states, under oath, that he believes himself the original inventor of the art, machine, or improvement set forth in his caveat. 35. A caveat need not contain as particular a description of the invention as is requisite in a specification; but still the description should be sufficiently precise to enable the office to judge whether there is a probable interference when a subsequent application is filed. 86. Caveat papers cannot be withdrawn from the office nor undergo alteration after they have once been filed; but additional papers relative to the invention may be appended to the caveat, (their date being noted,) provided they are merely amendatory of the original caveat. 87. In the case of filing papers supplementary to an original caveat, the right to notice in regard to the subject of those papers expires with the caveat; and any additional papers not relating to the invention first caveated will receive no notice. 88. The caveator, or any person properly authorized by him, can at any time obtain copies of the caveat papers at the usual rates. 89. It is desirable that the caveat should be accompanied by drawings or sketches. 90. The following will give a general idea of the proper form of a caveat: To THE COMMISSIONER OF PATENTS: The petition of Sebastian Cabot, of Cabotsville, in the county of Hampden, and State of Massachusetts, RESPECTFULLY REPRESENTS: That he has made certain improvements in the mode of constructing the boilers for steam-engines; and that he is now engaged in making experiments for the purpose of perfecting the same, preparatory to his applying for letters patent therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in the confidential archives of the Patent Office, agreeably to the provisions of the act of Congress in that case made and |