ting under proper heads the subjects of such patents; an alphabetical list of the patentees, with their places of residence; a list of all patents which have been extended during the year; and such other information of the condition of the Patent Office as may be useful to Congress or the public. iners-in-chief. 10. The examiners-in-chief shall be per- Duties of exam. sons of competent legal knowledge and sci- 2 Mar., 1861, ch. entific ability, whose duty it shall be, on the 88, 22, v. 12, p. 246. 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. sioner. 11. In case of the death, resignation, ab- Acting Commis sence, or sickness of the Commissioner, his 23 July, 1868, duties shall devolve upon the Assistant Com-ch, 227, 83, v. 16, missioner until a successor shall be ap- wood. & Min., pointed or such absence or sickness shall 254 cease. p. 168. 12 July, 1870. 17 How., 41. Seal of office. 4 July, 1836, ch. 357, 4, v. 5, p. 118. 12. The Commissioner shall cause a seal to be provided for said office, with such device as the President may approve, with which all records or papers issued from said Blatchf, 12. office, to be used in evidence, shall be authen ticated. 4 McLean, 371. 14 How.. 583. 13. The Commissioner shall cause to be Display of mod els. 357, 220, v. 5, p. 125. 4 July, 1836, ch. 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 said office; and said rooms and galleries shall be kept open during suitable hours for public inspection. Restoring models. 14. The Commissioner may restore to the 2 Mar., 1861, ch. respective applicants such of the models be88, § 5, v. 12, p.247. longing 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. Library. 357, 19, v. 5, p. 125. 15. There shall be purchased, for the use 4 July, 1836, ch. of said 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 by Congress for that purpose. Employees not to acquire interest in patents. 357, 22, v. 5, p. 118. 16. All officers and employees of the Patent Office shall be incapable, during the pe4 July, 1836, ch. riod for which they shall hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by said office. Refusal to recog nize agent. 17. For gross misconduct the Commis sioner may refuse to recognize any person as 2 Mar., 1861, ch. 88, 28, v. 12, p. 247. a patent agent, either generally or in any illow., 575. particular case; but the reasons for such refusal shall be duly recorded and be subject to the approval of the Secretary of the Interior. 2 Mar., 1861, ch. 88,2 8, v. 12, p. 247. missioner to Power of Com. make rules. 6 Pet., 218. 18. The Commissioner may require all Printing papers. papers filed in the Patent Office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. 19. The Commissioner, subject to the approval of the Secretary of the Interior, may from time to time establish rules and regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office. 20. The Commissioner may print or cause Printing patents, to be printed copies of the specifications of all letters patent and of the drawings of the 8, 14, v. 12, p. same, and copies of the claims of current issues, and copies of such laws, decisions, rules, regulations, and circulars as may be necessary for the information of the public. drawings, &c. 2 Mar., 1861, ch. 219. 28. Specimen of ingredients. 30. Oath of applicant; before whom 31. Examination of application. 32. Time to complete and prosecute applications. SEC. 33. Patents may issue to assignees. 34. Patents may issue to legal rep resentatives. 35. Renewed application in lapsed, withdrawn, and rejected cases. 36. Assignments, grants, and con veyances. 37. Right of purchasers before pat ent. 38. Patented articles to be marked. 41. References upon rejection. 43. Affidavits and depositions. 49. When to court, duty of appel- 50. Duty of court. 51. Duty of appellant and Commis sioner. 52. Bill in equity. 53. Reissues. Issuing, signing, and recording 357, 25, v.5. p. 118. 108, 22, v. 9, p. 395. SEC. 54. Disclaimers. 55. Actions; where cognizable. 57. Copies of records and foreign 58. Proceedings in equity in inter- 59. Damages for infringement. 61. Notice of special matter. 63. Extension of patent; duty of . 64. Notice of application to be published. 65. Case to be referred to examiner. 66. Hearing of case; granting of extension. 67. Extension; how far for the benefit of assignees. 68. Patent fees. 69. Patent fees; to whom paid; who to disburse money. 70. Money paid by mistake. 21. All patents shall be issued in the name patents. of the United States of America, under the 4 July, 1836, ch. seal of the Patent Office, and shall be signed 3 Mar., 1849, ch. by the Secretary of the Interior and countersigned by the Commissioner, and they shall be recorded, together with the specification, in said office, in books to be kept for that purpose. grant of pat ents. 4 July, 1836, ch. 357, 5, v. 5, pp. 118, 119 3 Mar, 1837, ch. 45, 26. v. 5, p. 193. 2 Mar., 1861, ch. 88,16, v. 12, p. 249, ohio, 10. 22. Every patent shall contain a short title Contents and or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive right to make, use, and vend the said invention or discovery throughout the United States and the Territories thereof, referring to the specification for the particulars thereof; and a copy of said specifications and of the drawings shall be annexed to the patent and be a part thereof. 2 Blatchf., 9. 4 How., 711. 6 How., 478. Baldwin, 322. 7 Pet., 319. 2 McLean, 178. 15 Wend., 395. 3 McLean, 237. Wash., 126. Paine. 450. 2 Blatchf., 23. Pet., C. C., 341. Bald., 314. 2 Story, 614, 621. 357, 8, v. 5, pp. 3 Mar., 1863, ch. 23. Every patent shall date as of a day not Date of patents. later than six months from the time at which 4 July, 1836, ch. it was passed and allowed, and notice thereof 120 121. was sent to the applicant or his agent; and 102, 3, v. 12, p. if the final fee shall not be paid within that period, the patent shall be withheld. 796. ented. 4 July, 1836, ch. 119, 120. Mar., 1839, ch, 88, 27, v. 5, p. 354. ch. 263, 3, v. 5, 2 Mar., 1861, ch. 24. Any person who has invented or dis- what may be patcovered any new and useful art, machine, manufacture, or composition of matter, or 357, 22 6, 7, v. 5, pp. any new and useful improvement thereof, not known or used by others in this country, and not patented or described in any printed PP. publication in this or any foreign country, 88, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the duty required by law, and 29 Aug., 1842, 248. 400. |