provided; he having paid ten dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. CABOTSVILLE, March 1, 1856. SEBASTIAN CABOT. [Here should follow a description of the general principles of the invention, so far as it has been completed.] The caveator must make oath or affirmation substantially according to the form herein before prescribed for applications.-(Section 16.) OF THE REPAYMENT OF MONEY. 91. Money paid by actual mistake will be refunded, (act of 1842, section 1;) but a mere change of purpose after the payment of money will not entitle a party to demand such return. OF ASSIGNMENTS AND GRANTS. 92. The assignee of any invention may have the patent issue to him directly, (act of 1837, section 6;) but this is held to apply only to assignees of entire interests. 93. Although when the inventor assigns his entire interest to two or more, a patent will issue to them jointly, still, if he yet retain a portion in himself, a joint patent will not be issued to him and them; the inventor, however, may make himself an assignee of a part interest in his invention. 94. An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name, but the assignment must first be recorded and the specification sworn to by the inventor.-(Act of 1837, section 6.) 95. After a patent is obtained a patentee may grant the right to make or use the thing patented in any specified portion of the United States.-(Act of 1836, section 11.) 96. Every assignment or grant should be recorded within three months from its date; but if recorded after that time it will protect the assignee or grantee against any one purchasing after the assignment or grant is placed on record. 97. When the patent is to issue in the name of the assignee, the entire correspondence should be in his name. 98. The receipt of assignments is not generally acknowledged by the office. They will be recorded in their turn within a few days after their reception, and then transmitted to persons entitled to them. A five-cent stamp is required for each sheet or piece of paper on which an assignment may be written. 99. Form of assignment of the entire interest in letters patent before obtaining the same, and to be recorded preparatory thereto. Whereas I, Jethro Wood, of Scipio, in the county of Cayuga and State of New York, have invented certain new and useful improvements in ploughs, for which I am about to make application for letters patent of the United States; and whereas David Peacock, of Burlington, New Jersey, has agreed to purchase from me all the right, title, and interest which I have, or may have, in and to the said invention, in consequence of the grant of letters patent therefor, and has paid to me, the said Wood, the sum of five thousand dollars, the receipt of which is hereby acknowledged: Now this indenture witnesseth, that, for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer, to the said David Peacock, the full and exclusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed preparatory to the obtaining of letters patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said David Peacock, as the assignee of my whole right and title thereto, for the sole use and behoof of the said David Peacock and his legal representatives. In testimony whereof, I have hereunto set my hand and affixed my seal this 16th day of February, 1856. Sealed and delivered in presence of GEORGE CLYMER, DAVID RITTENHOUSE. JETHRO WOOD. [SEAL.] Form of a grant of a partial right in a patent. Whereas I, Jethro Wood, of Scipio, in the county of Cayuga, and State of New York, did obtain letters patent of the United States for certain improvements in ploughs, which letters patent bear date the 1st day of March, 1865; and whereas David Peacock, of Burlington, New Jersey, is desirous of acquiring an interest therein: Now this indenture witnesseth, that, for and in consideration of the sum of two thousand dollars, to me in hand paid, the receipt of which is hereby acknowledged, I have granted, sold, and set over, and do hereby grant, sell, and set over, unto the said David Peacock, all the right, title, and interest which I have in the said invention, as secured to me by said letters patent for, to, and in the several States of New York, New Jersey, and Pennsylvania, and in no other place or places; the same to be held and enjoyed by the said David Peacock, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are granted, (if it is intended to grant for any extended term, then add-and for the term of any extension thereof,) as fully and entirely as the same would have been held and enjoyed by me had this grant and sale not been made. In testimony whereof, I hereunto set my hand and affix my seal this 16th day of February, 1856. Sealed and delivered in presence of- JACOB PERKINS, BENJAMIN FRANKLIN. JETHRO WOOD. [SEAL.] OF THE OFFICE FEES, AND HOW PAYABLE. 100. Nearly all the fees payable to the Patent Office are positively required by law to be paid in advance. For the sake of uniformity and convenience, the remaining fees will be required to be paid in the same manner; that is to say, before the labor is performed for which they are to be received in payment. 101. The following is the tariff of fees established by law: On every application for a design, for three years and six months. On every application for a design, for seven years. On every application for a design, for fourteen years. On every caveat ... On every application for a patent. On issuing each original patent.. On filing a disclaimer... On every application for a reissue.. On every additional patent granted on a reissue. On every application for an extension... On the grant of every extension..... On the first appeal from a primary examiner to examiners in chief.... $10 00 15.00 30 00 10 00 15 00 20 00 10 00 30 00 30.00 50 00 50 00 On appeal to the Commissioner from examiners in chief. On every appeal to the judges of the supreme court, D. C.. On every copy of a patent or other instrument, for every 100 words. For recording every asignment, if over 300 and not over 1,000 words $20 00 25 00 10 1.00 2.00 3 00 102. By the act of Mai 863, the final fee on issuing a patent must be paid within six months after the time at which the patent was allowed, and notice thereof sent to the applicant or his agent. And if the final fee for such patent be not paid within that time the patent will be withheld, and the invention therein described become public property as against the applicant therefor, unless he shall make a new application therefor within two years from the date of the allowance of the original application.-(Act of March 3, 1865.) 103. It is recommended that the money for the payment of fees should be deposited with an assistant treasurer, or other officer authorized to receive the same, taking his certificate and remitting the same to this office. When this cannot be done without much inconvenience, the money may be remitted by mail, and in every case the letter should state the exact amount enclosed. Letters containing money should be registered. 104. The following officers are authorized to receive patent fees on account of the Treasurer of the United States, and to give receipts and certificates of deposit therefor, to wit: Assistant treasurer of the United States, Boston, Massachusetts. Surveyor and inspector, Pittsburg, Pennsylvania. Collector of customs, Baltimore, Maryland. Collector of customs, Buffalo Creek, New York. Assistant treasurer of the United States, St. Louis, Missouri. Surveyor of the customs, Cincinnati, Ohio. Receiver of public moneys, Jeffersonville, Indiana. Receiver of public moneys, Chicago, Illinois. Receiver of public moneys, Detroit, Michigan. Assistant treasurer of the United States, San Francisco, California. And any national bank which has been designated as a depository of the public moneys. 105. All money sent by mail, either to or from the Patent Office, will be at the risk of the owner. In no case should money be sent enclosed with models. All payments to or by the office must be paid in specie or treasury notes, or national bank notes. STAMPS. 106. Revenue stamps must be attached as follows: 1. A stamp of the value of fifty cents is required upon each power of attorney authorizing an attorney or agent to transact business with this office relative to an application for a patent. 2. No assignment directing a patent to issue to an assignee will be recognized by this office, nor will any assignment be recorded, unless stamps shall be affixed of the value of five cents for every sheet or piece of paper upon which the same shall be written. 3. The person using or affixing the stamp must cancel the same by writing thereupon the initials of his name and the date. TAKING AND TRANSMITTING TESTIMONY. 107. Section 1, act March 2, 1861, gives the right to the clerks of the circuit courts of the United States to issue subpoenas to compel the attendance of witnesses when depositions are to be read in evidence in any contested cases in the Patent Office. In interference and other contested cases the following rules have been established for taking and transmitting evidence: 1. That before the deposition of a witness or witnesses be taken by either party notice shall be given to the opposite party, as hereinafter provided, of the time and place when and where such deposition or depositions will be taken, with the names and residences of the witness or witnesses, so that the opposite party, either in person or by attorney, shall have full opportunity to cross-examine the witness or witnesses. And such notice shall, with proof of service of the same, be attached to the deposition or depositions, whether the party crossexamine or not, and such notice shall be given in sufficient time for the appearance of the opposite party, and for the transmission of the evidence to the Patent Office before the day of hearing.-See rules 108 and 109. 2. That, whenever a party relies upon a caveat to establish the date of his invention, a certified copy thereof must be filed in evidence, with due notice to the opposite party, as no notice can be taken by the office of a caveat filed in its secret archives. 3. That all evidence, &c., shall be sealed and addressed to the Commissioner of Patents by the person before whom it shall be taken, and so certified thereon. 4. That the certificate of the magistrate taking the evidence shall be substantially in the following form, and written upon the envelope, viz: "I hereby certify that the depositions of A B, C D, &c., relating to the matter of interference between E F and G H, were taken, sealed up, and addressed to the Commissioner of Patents by me. 66 "A B, Justice of the Peace." 5. In cases of extension where no opposition is made, ex parte testimony will be received from the applicant; and such testimony as may have been taken by the applicant prior to notice of opposition shall be received, unless taken within thirty days after filing the petition for the extension: Provided, 'The applicant shall give prompt notice to the opposing party or parties of the names and residences of the witnesses whose testimony has thus been taken. 6. That no evidence touching the matter at issue will be considered upon the day of hearing which shall not have been taken and filed in compliance with these rules: Prored, Notice of the objection has been given as hereinafter prescribed, (see Fole 112:) Provided, That if either party shall be unable, for good and sufficit reasons, to procure the testimony of a witness or witnesses within the stipated time, then it shall be the duty of said party to give notice of the same to the Commissioner of Patents, accompanied by statements, under oath, of the cause of such inability, and of the names of such witnesses, and of the facts expected to be proved by them, and of the steps which have been taken to procure said testimony, and of the time or times when efforts have been made to procure it; which last-mentioned notice to the Commissioner shall be received by him previous to the day of hearing aforesaid. 108. The notice for taking testimony must be served by delivering to the adverse party a copy. If he is not found, such service may be made upon his agent or attorney of record, or by leaving a copy at the party's usual place of residence, with some member of the family who has arrived at the years of discretion. 109. It must be annexed to the deposition, with a certificate duly sworn to, stating the manner and time in which the service was made. 110 The testimony must (if either party desires it) be taken in answer to interrogatories--having the questions and answers committed to writing in their regular order by the magistrate, or, under his direction, by some person not interested in the issue, nor the agent or attorney of one who is. The deposition, when complete, must be signed by the witness. 111. The magistrate must append to the deposition his certificate, stating the time and place at which it was taken, the names of the witnesses, the administration of the oath, at whose request the testimony was taken, the occasion upon which it is intended to be used, the names of the adverse party, (if any,) and whether they were present. 112. No notice will be taken, at the hearing, of any merely formal or technical objection, unless it may reasonably be presumed to have wrought a substantial injury to the party raising the objection; nor even then, unless, as soon as that party became aware of the objection, he immediately gave notice thereof to this office, and also to the opposite party, informing him at the same time that, unless corrected, he should urge his objection at the hearing. 113. Each party shall furnish at the hearing an abstract of the testimony filed by him, not exceeding in length one-sixth of the original. 114. The following forms are recommended for observance in the taking of depositions: A B, being duly sworn, doth depose and say, in answer to interrogatories proposed to him by CD, counsel for E F, as follows, viz: 1. Interrogatory. What is your name, your residence, and occupation? 1. Answer. My name is A B; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross-interrogatories proposed to him by G H, counsel for I K, as follows: 1. Cross-interrogatory, &c. (Signed) STATE OF NEW YORK, Rensselaer County, ss: A B. At Troy, in said county, on the day of, A. D. 1862, before me personally appeared the above-named AB, and made oath that the foregoing deposition, by him subscribed, contains the whole truth and nothing but the truth. The said deposition is taken at the request of E F, to be used upon the bearing of an interference between the claims of the said E F and those of I K, before the Commissioner of Patents of the United States, at his office, on the day of next. The said I K was duly notified, as appears by the original notice hereto annexed, and attended by GH, his counsel. Certified by me: L M, Justice of the Peare. The magistrate must then seal up the deposition when completed, and indorse upon the envelope a certificate according to the form prescribed in section 107, and sign it. RULES OF CORRESPONDENCE. 115. All correspondence must be in the name of the Commissioner of Patents, and all letters and other communications intended for the office must be addressed to him. If addressed to any of the other officers they will not be noticed, unless it should be seen that the mistake was owing to inadvertence. A separate letter should in every case be written in relation to each distinct subject of in |