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No. 122.-Form of Oath.
State of Pennsylvania, On this first day of December, one thousand eight hundred and fifty, before the subscriber, a justice of the peace, personally appeared the within-named Juhn Fitch, and made solemn oath (or affirmution) that he verily believes him. self to be the original and first inventor of the mode herein described for preventing steam-boilers from bursling; and that he does not know or believe the same was ever before known or used ; and that he is a citizen of the United States.
JOHN SMITH. A foreigner should make oath of what country he is citizen. An alien-resi. dent should make oath that he has resided in the United States one year next preceding his application for letters-patent, and has made oath of his iuteution to become a citizen thereof.
4. Dronings.-The law requires that “the applicant for a patent shall accom. pany bis application with drawings and written references, when the nature of the case admits of drawings.” These drawings should, in general, be in perspective, and neatly executed; and such parts as can not be shown in perspective, must, if described, be represented in plans, sections, or details. Duplicates of them are required, as one must accompany the patent, and one must be kept on file in the office. But an examination, as to originality of invention, may be made on a single drawing. Duplicates are only required in case the patent issues.
They must be signed by the patentee, and attested by two witnesses, except when the specification describes the sections or figures, and refers to the parts by letters, in which case they are neither required to be signed nor accompanied by written references—the whole making one instrument. Drawings are absolutely necessary, when the case admits of them. They must be on separate sheets, distinct from the specification, and one at least must be made on stiff drawing paper.*
5. The M del or Specimen —Every application must be accompanied by a model when ihe invention admits of one. It must be neatly and substantially mude, of durable material, and if possible not over one cubic foot in contenis. In case models are made of pine or other soft wooil, they should be painteil, stained, or varnished. The name of the inventor (and assignee, if assigned) must be printed or engraved upon, or fixed to it, in a durable manner.
When the invention is of a “composition of matter," the law requires that the application be accompanied with specimens cf the ingredients, and of the com. position of matter, sufficient in quantity for the purpose of experiment.
Models and specimens forwarded without a name can not be entered on record, and are therefore liable to be lost or mislaid.
Models, if deposited with any of the following agents, will be forwarded to the patent office, free of expense : The collector of the port of Portsmouth, New Hampshire; Portland, Maine; Burlington, Vermont; Providence, Rhode Island; Boston, Massachusetts; Hartford, Connecticut; New York; Philadelphia, Penn. sylvania; Baltimore, Maryland ; Richmond, Virginia ; Charleston, South Caro. lina; Savannah, Georgia ; New Orleans, Louisiana; Detroit, Michigan; Buffalo, New York; and Cleveland, Ohio: the surveyor at St. Louis, Missouri; Pittsburgh, Pennsylvania ; Cincinnati, Obio; and Louisville, Kentucky.
Ayeuts must send models received by them by packet, when the same are forwarded at the expense of the office t
* The patent-office does not make original drawings to accompany applications for patents. It furnisi es copies of the same only after the patent is completed. Draughtsmen in the city of Washington are always ready to make drawings at the expense of the patentees. t If applicants prefer to have their models
transmitted by express instead of by packet, they must in all cases pay the expense
of transportation. Neither models nor specimens must, under any circumstances, be sent by mail. The transmission of models by the agents extends to those for new applications as well as those restored in consequence of the de. struction of the originals. Models of unpatented machines, specimens of compositions and
6. Fees paynble for a Patent.—The fee payable on an application for a patent by a citizen of the United States, or by a foreigner who has resided in the United St:te's one year next preceding the application, and has made oath of his intention to berome a citizen, is thirty dollars : by a sulject of Great Britain, five hundred dollurs : by any other foreigner, three hundred dollars.
In case of a total assignment, before the patent issues, of bis invention, by a foreigner to a citizen of the United States, the same fee is required as if the patent issued to the inventor bimself. Instructions in regard to the manner of paying these fees may be found hereafter.
The above six pre-requsites having been complied with, the application is ready for examination. But the neglect of any one of them, or of the instructions relative thereto will be sufficient to delay the action of the office until they have been satistactorily fulfilled.
It ihe following questions cau be answered affirmatively, before transmitting the
papers, few applications will be returned for correction :1. Is the petition signed by the applicant, and addressed to the commissioner of parents ?
2. is the specification signed, and attested by two witnesses; and does it contain a specific claim ?
3 Has the inventor made oath of his citizenship, and in accordance with the instructions and forms given above ?
4. Ale the drawings described and referred to in the specification ? If not, are they sigued before two subscribing witnesses, and accompanied by written references? Are duplicates sent?
5 Has the model for specimen) been deposited, and is the name of the inven. tor and a-sigvee, if the inventiou be assigned, durably affixed thereto ?
6. Is the fee' remitted, and in manrer prescribed in instructions on fees ?
Results of an E.co.inution-If a patent is issued, it is transmitted to the inventor or his agent. If to the latter, he must bave filed a full power of atiorney, authorizing him to receive it. In case an assignment be made of the entire patent right, the patent' will be sent to the assignee or bis attorney. In cases of rejection such references are made in the official communication as, in the opimion of the office, justify its decision. If the applicant is satisfied with the grounds of rejection, he may withdraw his application ; if, on the contrary, he still deems himself entitled to a patent, he can appeal from the decision of the commissioner, as prescribed by law.
Withdrawal.- When either an American or foreign application is rejected, and the applicant relinquishes his claim, and desires to avail bimself of the provisions of the seventh section of the act of 1836. and the twelfth section of the act of 1837, he must petition the commissioner of patents. stating the abandonment of his application, in which case two thirds of the original fee will be returned. The model and papers are retained by the oflice ; and if the latter have been withdrawn for correction, or for any other purpose, they must be returned to their files before a withdrawal of two thirds of the fee can be allowed. No money is, however, refunded on the withdrawal of an application, after an appeal has been taken from the decision of the commissioner; nor any part of the fees received on filing caveats, or applications for additional improvements, or for re-issues, or for extensions, or for designs.* In withdrawing an application, the following forms may be followed:
To the Commissioner of Patents : Bir: I hereby withdraw my application for a patent for inaprovements in the cotton-gin, now in your office, and request that twenty dollars may be returned
of fabrics, and other manufactures, or works of art, will be received and arranged in the National Repository of the patent-office.
* As the law does not allow public moneys to be paid in bank-bills or by draft on banks, particular instructions should be given, by the person withdrawing, as to the manner in which the money shall be paid-that is, whether to his order at the patent-office, or remitted by mail. in gold, at his risk. Money in gold and silver only is receivable and payable at the patent-office.
to me agreeably to the provision of the act of Congress authorizing such withdrawal.
ELI WHITNEY. CABOTVILLE, Mass., July 16, 1850.
Received of the treasurer of the United States, per THOMAS EWBANK, commissioner of patents, twenty dollars, being the amount refunded on withdrawing my application for a patent for improvements in the cotlon-gin.
ELI WHITNEY. CABOTVILLE, Mass., July 16, 1850.
Appeal.-When a patent is refused by the commissioner, the applicant can have remedy by an “appeal to the chief-justice of the district court of the United States for the District of Columbia,” by giving notice thereof to the commissioner, and filing in the patent office, within such time as the commissioner shall appoint, his reasons of appeal, specially set forth in writing, and also paying into the patent-office, to the credit of the patent fund, the sum of twenty-five dollars.
Interfering Applications.- Whenever an application is presented for a patent which, in the opinion of the commissioner, would interfere with any other patent for which an application may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of the commissioner to give notice thereof to such applicants, or patentees, as the case may be; and if either sball be dissatisfied with the decision of the commissioner on the question of priority of right or invention, on a hearing thereof he may appeal from such decision on like terms and conditions as are provided in the case of applications for inventions not new; and the like proceedings shall be had to determine which, or whether either, of the applicants is entitled to receive a patent as prayed for.
Additional Improvements.—“Whenever the original patentee shall be desirous of adding the description and speeification of any new improvement of the original invention or discovery, which shall have been invented or discovered by him subsequent to the date of bis patent, he may, like proceedings being had in all respects as in the case of original applications, and on the payment of fifteen dollars, as hereinafter mentioned, have the same annexed to the original description and specification; and the commissioner shall certify on the margin of such annexed description and specification, the time of its being annexed and recorded ; and the same shall thereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification.”
In all such cases, the claim in the original patent is subject to a re-examination : and if it shall appear that any part of the claim was not original at the time of grauting the patent, a disclaimer of said part must be filed in the patent-office, or the specification of claims restricted, by having the patent re-issued before the improvement can be added. If the improvement can not be added, it may, if patentable, be secured by a separate patent, on the payment of the fee of thirty dollars. If the patent was granted before the 15th of December, 1836, a model and drawings of the invention as first patented, verified by oath, must be furnished, unless dispensed with by the commissioner. No. 123.–Form for Addition of new Improvements.
To the Commissioner of Patents: The petition of John Doe, of the county of Berkely, and State of Virginia
RESPECTFULLY REPRESENTS: That your petitioner did obtain letters-patent of the United States for an improvement in the boilers of steam-engines, which letters patent are dated on the first day of March, one thousand eight hundred and forty-five; that he has, since that date, made certain improvements on his said invention; and that he is desirous of adding the subjoined description of his Baid improvements to bis original letters-patent, agreeably to the provisions of the act of Congress in that case made and provided; he having paid fifteen dollars into the
treasuıy of the United States, and otherwise complied with the requirements of the said act.
Disclaimers. The seventh section of the law of the 3d of March, 1837. provides “ that whenever any patentee shall have, throuzh inadvertence, accident, or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thiny patented being truly and justly his own, any such patentee, bis administ ators, executors, and assigns, whether of the whole or of a sectional interest therein, may make disclaimer of such parts of the thing patented as the disclaim. ant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent office, on payment by the person disclaiming, in manner as other patent duiies are required by law to be paid, of the sum of ten dollars. And such disclaimer shall ihereafter be taken and considered as part of the original specificat on, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him, subsequent to the record thereof. But no such disclaimer shall affect any action pending at the time of its being filed, except so far as it may relate to the question of unreasonable neglect or delay in filing the same.”
No. 124.–Form of Disclaimer. To the Commissioner of Patents : The petition of John Fitch, of Philadelphia, in the county of Philadelphia, and
State of Pennsylvania, RESPECTFULLY REPRESENTS: That he has, by assignment, duly recorded in the patent office, become the owner of a right for the several states of Massachusetts, Conneclicnt, and Rhode Island, to certain improvements in the steamengine, for which letters-patent of the United States were granted to John JONES, of Boston, in the state of Massachusetts, dated on the first day of March, one thonsand eight hundred and forty-eight. That he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters-patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part of the claim in the aforesaid specification which is in the following words, to wit: "" I also claim the particular manner in which the piston of the above-described engine is constructed, so as to insure the close fitting of the packing thereof to the cylinder, as set forth ;" which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the treasury of the United States, agreeably to the requirements of the act of Congress in that case made and provided.
JOHN FITCH. Witness: John PRINCE. When the disclaimer is made by the original patentee, it must, of course, be 50 worded as to express that fact.
Re-issues.-When an applicant wishes to cancel an old patent, and to correct a mistake or error which has arisen from inadvertence, he should state this fact in his application, and expressly surrender the old patent, which must be transmitted to the patent-office before a new patent will be issued. And no improvement or alteration made subsequently to the filing of the application upon which the original patent was granted, can be introduced into a patent upon re-issue.
In a re issue, the claim is subject to re-examination, and if it shall appear that any part was not original at the time of granting the patent, the re-issne will not be granted, unless said part be omitted, or a disclaimer filed in the patent-office. If nothing can be claimed, the re-issue can not be granted, nor the surrendered patent returned.
In case of the death of an inventor, or of any assignment of the original patent made by him, a similar right vests in his executors, administrators, or assigns.
On a surrender, several patents may be issued for distinct and separate parts of the invention, upon the payment of thirty dollars for each.
No. 125.-Form of Surrender of a Patent for Re
issue. To the Commissioner of Patents : The petition of SAMUEL MOREY, of Philadelphia, in the county of Philadelphia,
and State of PennsylvaniaRESPECTFULLY REPRESENTS: That he did obtain letters-patent of the United States for an improvement in the boilers of steam-engines, which letters-patent are dated on the first day of March, one thonsand eight hundred and forly eight. That he now believes that the same is inoperative and invalid, by reason of a defective specification, which defect has arisen from inadvertence and mistake. He therefore prays that he may be allowed to surrender, and he hereby does sir. render the same, and request that new letters-patent may issue to him for the same invention, for the residue of the period for which the original patent was granted, under the amended specification herewith presented; he having paid fifteen dollars into the treasury of the United States, agreeably to the require. ments of the act of Congress in that case made and provided.
SAMUEL MOREY. Extensions.-The acts of 1836 and 1848 provide for the extension of a patent for seven years from the expiration of the fourteen years for which it was origipally granted, upon certain conditions to be determined by the commissioner of patents. The questions which arise on each application for an extension are
1. Is the invention novel? 2. Is it useful? 3. Is it valuable and important to the public? 4. Has the inventor been adequately remunerated for his time and expenses in originating and perfecting it ? * 5. Has he used due diligence in in. troducing his invention into general use?
The law now requiring that a notice of sixty days shall be given of each appli cation for extension, it will be necessary for the applicant to file his petition, and pay the requisite fee, at least three months before his patent expires.
Designs.-In making an application to secure a design, the same course of pro. ceedings is required as in applying for a regular patent. The petition, specifica. tion, and oath, executed as prescribed below, must be filed, and the specimen and duplicate drawings deposited. In case of rejection, no part of the fee is refunded on designs. No. 126.-Form of Application for Patents for De
signs. To the Commissioner of Patents : The petition of BENJAMIN WEST, of the city and connty of Philadelphia, and
State of Pennsylvania, RESPECTFULLY REPRESENTS: That your petitioner has invented or produced a new and original design for a composition in alto-relie'o, which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters-patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided; he having paid fifteen dullars into the treasury, and complied with the other provisions of the said act.
No. 127.-Form of Specification. TO ALL WHOM IT MAY CONCERN: Be it known that I, BENJAMIN WEST, of the city of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, have invented or produced a new and original design for a composition in alto relievo, and I do hereby declare that the following is a full and exact descrip