and preserved in secrecy. And if application shall be made by any other person, within one year from the time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the Commissioner to deposite the description, specifications, drawings, and model in the confidential archives of the office, and to give notice (by mail) to the person filing the caveat of such application, who shall, within three months after receiving the notice, if he would avail himself of the benefit of his caveat, file his description, specifications, drawings, and models; and if, in the opinion of the Commissioner, the specifications of claim interfere with each other, like proceedings may be had in all respects as are in this act provided in the case of interfering applications. "Whenever the applicant shall request it, the patent shall take date from the time of filing the specification and drawings, not, however, exceeding six months prior to the actual issuing of the patent; and, on like request, and the payment of the duty herein required, by any applicant, his specification and drawings shall be filed in the secret archives of the office until he shall furnish the model, and the patent be issued, not exceeding the term of one year; the applicant being entitled to notice of interfering applications." Caveats may be renewed yearly by payment of a new fee of $20; but the protection afforded by a caveat is against only such applications as are filed within the year from the time of filing the caveat. A full description of the invention is required to enable the Commissioner of Patents to judge of interferences. The law makes no provision for the filing of caveats by foreigners. For the information of caveators, the following rules have been adopted: 1. Caveat papers cannot, under any circumstances, be withdrawn from the office, nor undergo any alteration, after they have been once filed; nor can any information concerning them be communicated to any person, at any time, without the consent of the caveators in writing. 2. Additional papers relating to the invention may be admitted under the same file, the date of reception of such papers being noted. 3. In case of filing papers additional to an original caveat, the right to notice of such papers expires with the caveat; and any additional papers, not relating to the invention as first caveated, are not entitled to notice. 4. Caveat papers once filed cannot be inspected by the caveator, except in presence of a sworn officer, nor by any other persons than those duly authorized by law to examine such papers; nor can any information touching them be communicated to third parties without the consent of the caveator in writing. 5. The caveator, or other person properly authorized by him, may at any time obtain copies of the caveat papers at the usual rates. 6. It is desirable that caveats should be explicit as to the character and features of the invention, embrace suitable drawings or sketches, and a model if convenient. The caveat fails of its purpose when the invention is not sufficiently explained. FORM OF CAVEAT. To the COMMISSIONER OF PATENTS: The petition of Amos Whittemore, of the city and county of New York, and State of New York RESPECTFULLY REPRESENTS: That he has made certain improvements in the machine for making wool cards, 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 provided; he having paid twenty dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. NEW YORK, July 16, 1849. AMOS WHITTEMORE. Here should follow a description of the general principles of the invention, so far as it has been completed. SEC. XIV. OF THE DURATION OF PATENTS, AND THE PENALTY FOR ILLEGALLY STAMPING ARTICLES. The term for which a regular patent is granted is fourteen years; but it may, under certain circumstances, be extended for seven years, as herein before mentioned. Patents for designs are granted for seven years only. Stamping or affixing the name of any patentee on any article without authority so to do, or affixing the word patent, or letters patent, or the stamp, mark, or device of any patentee, on any unpatented article, is forbidden under a penalty of not less than one hundred dollars. Patentees or their assignees are required to affix the date of the patent on each article vended or offered for sale, under a like penalty; thus affording to the public notice of the duration of the patent. When the article is of such a nature that the name of the patentee cannot be printed thereon, it should be affixed to the case or package containing it. SEC. XV. OF THE REPAYMENT OF MONEY DEPOSITED BY MIS TAKE. The first section of the act of 1842 authorizes the Treasurer of the United States to pay back any money which has been paid into the treasury by actual mistake, as for patent fees, thus precluding the necessity of special application to Congress for relief, and is in the following words: That "the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the patent fund, any sum or sums of money, to any receiver or depository, to the credit of the Treasurer, as for fees accruing at the Patent Office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to said Treasurer by the Commissioner of Patents." SEC. XVI. OF GRANTING ANEW LOST PATENTS, AND SUCH AS WERE DESTROYED BY THE FIRE OF 1836. The third section of the act of March 3, 1837, provides: "That whenever it shall appear to the Commissioner that any patent was destroyed by the burning of the Patent Office building on the aforesaid fifteenth day of December, or was otherwise lost prior thereto, it shall be his duty, on application therefor by and preserved in secrecy. And if application shall be made by any other person, within one year from the time of filing such caveat, for a patent of any invention with which it may in any respect interfere, it shall be the duty of the Commissioner to deposite the description, specifications, drawings, and model in the confidential archives of the office, and to give notice (by mail) to the person filing the caveat of such application, who shall, within three months after receiving the notice, if he would avail himself of the benefit of his caveat, file his description, specifications, drawings, and models; and if, in the opinion of the Commissioner, the specifications of claim interfere with each other, like proceedings may be had in all respects as are in this act provided in the case of interfering applications. "Whenever the applicant shall request it, the patent shall take date from the time of filing the specification and drawings, not, however, exceeding six months prior to the actual issuing of the patent; and, on like request, and the payment of the duty herein required, by any applicant, his specification and drawings shall be filed in the secret archives of the office until he shall furnish the model, and the patent be issued, not exceeding the term of one year; the applicant being entitled to notice of interfering applications." Caveats may be renewed yearly by payment of a new fee of $20; but the protection afforded by a caveat is against only such applications as are filed within the year from the time of filing the caveat. A full description of the invention is required to enable the Commissioner of Patents to judge of interferences. The law makes no provision for the filing of caveats by foreigners. For the information of caveators, the following rules have been adopted: 1. Caveat papers cannot, under any circumstances, be withdrawn from the office, nor undergo any alteration, after they have been once filed; nor can any information concerning them be communicated to any person, at any time, without the consent of the caveators in writing. 2. Additional papers relating to the invention may be admitted under the same file, the date of reception of such papers being noted. 3. In case of filing papers additional to an original caveat, the right to notice of such papers expires with the caveat; and any additional papers, not relating to the invention as first caveated, are not entitled to notice. 4. Caveat papers once filed cannot be inspected by the caveator, except in presence of a sworn officer, nor by any other persons than those duly authorized by law to examine such papers; nor can any information touching them be communicated to third parties without the consent of the caveator in writing. 5. The caveator, or other person properly authorized by him, may at any time obtain copies of the caveat papers at the usual rates. 6. It is desirable that caveats should be explicit as to the character and features of the invention, embrace suitable drawings or sketches, and a model if convenient. The caveat fails of its purpose when the invention is not sufficiently explained. FORM OF CAVEAT. To the COMMISSIONER OF PATENTS: The petition of Amos Whittemore, of the city and county of New York, and State of New York RESPECTFULLY REPRESENTS: That he has made certain improvements in the machine for making wool cards, 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 provided; he having paid twenty dollars into the treasury of the United States, and otherwise complied with the requirements of the said act. NEW YORK, July 16, 1849. AMOS WHITTEMORE. Here should follow a description of the general principles of the invention, so far as it has been completed. SEC. XIV. OF THE DURATION OF PATENTS, AND THE PENALTY FOR ILLEGALLY STAMPING ARTICLES. The term for which a regular patent is granted is fourteen years; but it may, under certain circumstances, be extended for seven years, as herein before mentioned. Patents for designs are granted for seven years only. Stamping or affixing the name of any patentee on any article without authority so to do, or affixing the word patent, or letters patent, or the stamp, mark, or device of any patentee, on any unpatented article, is forbidden under a penalty of not less than one hundred dollars. Patentees or their assignees are required to affix the date of the patent on each article vended or offered for sale, under a like penalty; thus affording to the public notice of the duration of the patent. When the article is of such a nature that the name of the patentee cannot be printed thereon, it should be affixed to the case or package containing it. SEC. XV. OF THE REPAYMENT OF MONEY DEPOSITED BY MISTAKE. The first section of the act of 1842 authorizes the Treasurer of the United States to pay back any money which has been paid into the treasury by actual mistake, as for patent fees, thus precluding the necessity of special application to Congress for relief, and is in the following words: That "the Treasurer of the United States be, and he hereby is, authorized to pay back, out of the patent fund, any sum or sums of money, to any receiver or depository, to the credit of the Treasurer, as for fees accruing at the Patent Office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to said Treasurer by the Commissioner of Patents." SEC. XVI. OF GRANTING ANEW LOST PATENTS, AND SUCH AS WERE DESTROYED BY THE FIRE OF 1836. The third section of the act of March 3, 1837, provides: "That whenever it shall appear to the Commissioner that any patent was destroyed by the burning of the Patent Office building on the aforesaid fifteenth day of December, or was otherwise lost prior thereto, it shall be his duty, on application therefor by ments in ploughs, which letters patent bear date the first day of March, 1838; 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 assigned, sold, and set over, and do hereby assign, 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 or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof I hereunto set my hand and affix my seal, this sixteenth day of July, 1849. JETHRO WOOD. [L. S.] SEC. XVIII. OF THE FEES-HOW PAYABLE. For adding to a patent the specification of a subsequent improvement All fees must be paid in SPECIE, and in advance, except those required for drawings and copies, the expense of which will be communicated on application for the same. Every applicant, on presenting his petition or application, must pay into the treasury of the United States, or into the Patent Office, or to any of the Assistant treasurers, treasurers of the mint and branch mints, collectors and surveyors of customs, and receivers of public money, particularly named below, a deposite to the credit of the Treasurer, as follows: If a citizen of the United States, as a patent fee If a foreigner, who has resided in the United States one year next preceding the application for a patent, and shall have made oath of his intention to become a citizen If a subject of the sovereign of Great Britain All other foreigners On entering a caveat On entering an application for an appeal from the decision of the On extending the patent beyond the fourteen years $30 00 30 00 500 00 25 00 40 00 15 00 On application for a design For a disclaimer For copies of patents, or any other paper on file, for each 100 words On all assignments, &c., containing more than 1,000 words On surrender of an old patent, to be reissued to correct a mistake of the patentee 30 00 15 00 15 00 10 00 10 |