PROPOSED AMENDMENT

TO THE

PATENT LAW.

AN ACT

TO PROMOTE THE PROGRESS OF USEFUL ARTS, AND TO REPEAL ALL ACTS, AND PARTS OF ACTS, HERETOFORE MADE FOR THAT PURPOSE, EXCEPTING AND SAVING THOSE RELATING TO THE PATENT OFFICE BUILDING.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled :

SECT. 1. That there shall be established and attached to the Department of the Interior an office to be denominated the Patent Office, the chief officer of which shall be called the Commissioner of Patents, to be appointed by the President, by and with the advice and consent of the Senate, whose duty it shall be, under the direction of the Secretary of the Interior to superintend, execute, and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful Arts, Discoveries, Inventions and Improvements, as are herein provided for, or shall hereafter be, by law, directed to be done and performed, and shall have the charge and custody of all the books, records, papers, machines,

models, specimens, and all other things belonging to said office. And said Commissioner shall receive an annual salary of four thousand dollars, and shall be entitled to send and receive letters and packages, by mail, relating to the business of the office, free of postage.

SECT. 2. And be it further enacted, That there shall be in said office an inferior officer, to be appointed by the said principal officer, with the approval of the Secretary of the Interior, to receive an annual salary of three thousand dollars, and to be called the Chief Clerk of the Patent Office, who, in all cases, during the necessary absence of the Commissioner, or when the said principal office shall become vacant, shall have the charge and custody of the seal, and of the records, books, papers, machines, models, specimens, and all other things belonging to the said office, and shall perform all the duties of Commissioner during such vacancy. And the said Commissioner may also, with like approval, appoint ten clerks, two machinists, and one draughtsman-all of whom must be competent to examine models and specimens, and point out the similarity and difference between those in the office, and those presented for patents. Two copying-clerks and one librarian, at an annual salary of two thousand dollars each; one messenger and one watchman, at an annual salary of one thousand dollars each; and in case of a press of business he may employ temporary clerks, at five dollars per day, who shall be qualified by oath, the same as the regular clerks; and in case the business of the office should not require all the clerks herein specified, he may dismiss a part of them. And said commissioner, clerks, and every other person appointed and employed in said office, shall be disqualified and interdicted from acquiring or taking, except by inheritance, during the period for

which they shall hold their appointments respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been or may hereafter be granted.

SECT. 3. And be it further enacted, That the said principal officer, and every other person to be appointed in the said office shall, before he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And the said Commissioner, and the chief clerk shall also, before entering upon their duties, severally give bonds, with sureties, to the Treasurer of the United States the former in the sum of ten thousand dollars; and the latter, in the sum of five thousand dollars, with condition to render a true and faithful account to him or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, or for copies of records and drawings; and all other moneys received by virtue of said office; and books shall be kept in said office, in which a correct account shall be kept of each and every item of money received, and by whom paid, and what for; also, books shall be kept, in which shall be entered an account of all moneys paid out and to whom and what for. Also a copy of all official letters, shall be recorded in books kept for that purpose.

SECT. 4. And be it further enacted, That the said Commissioner shall cause a Seal to be made and provided for the said office, with such device as the President of the United States shall approve; and copies of the records, books, papers, or drawings belonging to said office, under the signature of the said Commissioner, or when the office shall be vacant, under the signature of

the Chief Clerk, with said seal affixed, shall be competent evidence in all cases in which the original records, books, papers, or drawings would be evidence; and any person making application therefor, may have certified copies of the records, drawings, and other papers deposited in said office, on paying for the written copies the sum of ten cents for every page of one hundred words; and for copies of drawings, the reasonable expense of making the same.

SECT. 5. And be it further enacted, That all patents issued from said office, shall be issued in the name of the United States, and under the seal of said office, and be signed by the Secretary of the Interior, and countersigned by the Commissioner of said office, and shall be recorded, together with the descriptions, specifications and drawings, in the said office, in books to be kept for that purpose. Every such patent shall be headed with a title of the art, invention or discovery, correctly indicating its nature and design; and in its terms, grant to the applicant, or applicants, his, her or their heirs, administrators, executors or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of producing, constructing, making, using, and vending to others to be used, the said art, invention, or discovery, referring to the specifications for the particulars thereof a copy of which shall be annexed to the patent, specifying what the patentee claims as his invention or discovery.

SECT. 6. And be it further enacted, That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others in this country, before his or their discovery or invention thereof, and shall desire to obtain a

right to protect by law, such invention or discovery, from the unjust seizure thereof by others, may make application, in writing, to the Commissioner of Patents, expressing such desire, who, on due proceedings had, shall grant a patent therefor. But before any inventor shall receive a patent for any such new art, invention, or discovery, he shall deliver a written description of his new art, invention or discovery, and of the manner and process of producing, constructing, making, using, or compounding the same, in such full, clear and exact terms, avoiding unnecessary prolixity, as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to produce, construct, make, compound, and use the same; and in case of any art or machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of the principle or character by which it may be distinguished from other inventions; and shall particularly specify and point out the art, combination, improvement, or part which he claims as his own invention, or discovery. He shall furthermore accompany the whole with duplicate drawings, and with references, where the nature of the case admits of drawings-one of which to be deposited in the office, and the other to be annexed to the patent, and considered a part of the specification; or with specimens of ingredients, and of composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter; which descriptions and drawings, signed by the inventor, and attested by two witnesses, shall be filed in the patent office; and he shall moreover furnish a suitable model of his invention, in all cases which admit of representation by model, of a convenient size to