On filing each disclaimer, ten dollars. On every application for the extension of a patent, fifty dollars. On the granting of every extension of a patent, fifty dollars. On an appeal for the first time from the primary examiners to the examiners-in-chief, ten dollars. On every appeal from the examiners-inchief to the Commissioner, twenty dollars. For certified copies of patents and other papers, ten cents per hundred words. For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; of over one thousand words, three dollars. For copies of drawings, the reasonable cost of making them. Patent fees, to who to dis whom paid; burse money. 6 Aug., 1846, ch. 20 July, 1868, ch. 177, 87, v. 15, p. 3 Mar., 1869, ch. 69. Patent fees may be paid to the Commissioner, or to the Treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, na-90,2 15, v. 9, p. 62. tional banks, or receivers of public money, 11: designated by the Secretary of the Treasury 121, 1, v. 15, p. 293. for that purpose, who shall give the depos itor a receipt or certificate of deposit therefor. And all money received at the Patent Office, for any purpose or from any source whatever, shall be paid into the Treasury as received, without any deduction whatever; mistake. 29 Aug., 1842, ch. and all disbursements for said office shall be made by the disbursing clerk of the Interior Department. Money paid by 70. The Treasurer of the United States is authorized to pay back any sum or sums of 263, § 1, v. 5, p.543. money to any person who shall have paid the same into the Treasury, or to any receiver or depositary, to the credit of the Treasurer, as for fees accruing at the Patent Office through mistake, certificate thereof being made to said Treasurer by the Commissioner of Patents. SEC. III. Of Design Patents. 71. Designs may be patented. 72. Models of designs. 73. Term of design patents. 74. Extension of design patents. patented. 29 Aug., 1842, ch. 543, 544. 88, 11, v. 12, p. 248. 4 McLean, 180. 2 Fish., 583. SEC. 75. Fees for design patents. Designs may be 71. Any person who, by his own industry, genius, efforts, and expense, has invented or 263, § 3, v. 5, pp. produced any new and original design for a 2 Mar., 1861, ch. manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for 1 Blatchf., 248. the printing of woolen, silk, cotton, or other fabrics; any new and original impression, ornament, pattern, print, or picture, to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented or described in any printed publication, may, upon payment of the duty required by law, and other due proceedings had, the same as in cases of inventions or discoveries, obtain a patent therefor. signs. 2 Mar., 1861, ch. 72. The Commissioner may dispense with Models of demodels of designs when the design can be sufficiently represented by drawings or pho- 88, 25, v. 12, p. 247. tographs. patents 73. Patents for designs may be granted Term of design for the term of three years and six months, 2 Mar., 1861, ch. or for seven years, or for fourteen years, as 88, § 11, v. 12, p. 248. the applicant may, in his application, elect. sign patents. 2 Mar., 1861, ch. 74. Patentees of designs issued prior to Extension of deMarch two, eighteen hundred and sixty-one, shall be entitled to extension of their respect- 88, § 11, v. 12, p. 248. ive patents for the term of seven years, in the same manner and under the same restrictions as are provided for the extension of patents for inventions or discoveries issued prior to the second day of March, eighteen hundred and sixty-one. 75. The following shall be the rates of fees Fees for design in design cases: patents. 2 Mar., 1861, ch. For three years and six months, ten dol- 88, 10, 11, v. 12, lars. For seven years, fifteen dollars. For fourteen years, thirty dollars. For all other cases in which fees are re p. 248. Other provisions to apply to de quired, the same rates as in cases of inventions or discoveries. 76. That all the regulations and provisions sign patents. which apply to the obtaining or protection 29 Aug., 1842, ch. of patents for inventions or discoveries, not inconsistent with the provisions of this act, shall apply to patents for designs. 263, 3, v. 5, p. 543. SEC. IV. Of Trade-Marks. 77. Who entitled to trade-marks, and requirements concerning the same. 78. Term for which trade-marks shall remain in force. 79. Remedy for wrongful use of trade-marks. 80. Proof of registration. trade-marks, ments concern ing the same. SEC. 81. Rules for transfer of trade marks. 82. Penalty for fraudulent registration. 83. Common law remedies pre served. 84. No action to be sustained on fraudulent or deceptive trade marks. Who entitled to 77. Any person or firm domiciled in the and require United States, and any corporation created by the authority of the United States, or of any State or Territory thereof, and any person, firm, or corporation resident or located in any foreign country which by treaty or convention affords similar privileges to citizens of the United States, and who are entitled to the exclusive use of any lawful trademark, or who intend to adopt and use any trade-mark for exclusive use within the United States, may obtain protection for such lawful trade-mark by complying with the following requirements, to wit: First. By causing to be recorded in the Patent Office the names of the parties and their residences and place of business who desire the protection of the trade-mark. Second. The class of merchandise and the particular description of goods comprised in such class, by which the trade-mark has been or is intended to be appropriated. Third. A description of the trade-mark itself, with fac similes thereof, and the mode in which it has been or is intended to be applied and used. Fourth. The length of time, if any, during which the trade-mark has been used. Fifth. The payment of a fee of twentyfive dollars, in the same manner and for the same purpose as the fee required for patents. Sixth. The compliance with such regulations as may be prescribed by the Commissioner of Patents. Seventh. The filing of a declaration, under the oath of the person, or of some member of the firm or officer of the corporation, to the effect that the party claiming protection for the trade-mark has a right to the use of the same, and that no other person, firm, or corporation has the right to such use, either in the identical form or having such near resemblance thereto as might be calculated to deceive, and that the description and fac similes presented for record are true copies of the trade-mark sought to be protected. |