Page images

tion of the same. [Here follows a description of the design, with reference to the specimen or drawing; the specification to conclude with declaring what the inventor claims, in terins characteristic of the design, foc.)

BENJAMIN WEST. John Smith, Witnesses :


No. 128.-Form of Oath.

[ocr errors]

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 Ben. JAMIN WEST, and made solemn oaib (or affirmation, as the case may be) that he verily believes himself to be the original and first inventor or producer of the design for a composition in allo-relievo ; and that he does not know or believe that the same was ever before known or used; and that he is a citizen of the United States.

PETER SMITH. Foreign Patents.-A patent may be taken out by the inventor in a foreign country without affecting his right to a patent in the United States, provided the invention ha not been introduced into public and common use in the United States prior to the application. In every such case the patent is limited to fourteen years from the date of the foreign letters-patent. The introducer, as such, of a new invention from a foreign country, is not entitled to letters-patent. If an alien neglects to put and continue on public sale the invention in the United States, on reasonable terms, for eighteen months, the patentee loses all benefit of the patent.

Caveats.—The act of 1836 provides that any citizen of the United States, or alien who has declared his intention to become a citizen, who shall have invented any new art, machine, or improvement thereof, and desires further time to im. prove the same, may file in the patent-office a crvent, setting forth the design thereof, with its distinguishing characteristic, until he shall have matured his inveution; and such caveat shall be filed in the confidential archives of the office. The patent can take date from the time of filing the specification, if the patent is issued within six months of the date of filing. The applicant is entitled to notice of interfering applications. A full description of the invention is required. Cav eat papers can not be withdrawn or altered after they have been filed, but addi tional papers relating to the invention can be added to them.

No. 129.–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 YorkRESPECTFULLY REPRESENTS: That he has made certain improvements in the machine for making wool-cards, aud that he is now engaged in making experi. ments for the purpose of perfecting the same, preparatory to his applying for letters-patent therefor. He therefore prays that ihe 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.

AMOS WHITTEMORE. New YORK, July 16, 1850. Here should follow a description of the general principles of the invention, so far as it has been conipleted.

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. 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 de. vice of any patentee, on any unpatented article, is forbidden under a penalty of dot less than one bundred 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 can not be printed thereon, should be affixed to the case or package containing it.

Assignments.-An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name ; but the assignment must be first entered of record, and the application therefor must be duly made, and the specification signed and sworn to by the inventor. In the case of an assignment by a foreigner, the same fee will be required as if the patent issued to the inventor.

The assignment of a patent may be of the whole or of an undivided part, " by any instrument in writing:" All assignments, and also the grant or conveyance of the use of the patent in any town, county, state, or specified district, must be recorded in the patent-office within three months from the date of the same. But assignments, if recorded after three months have expired, will be on record as notice to protect against subsequent purchasers. Grants and assignments, recorded prior to the 15th of December, 1836, must be recorded anew before they can be valid as evidence of any title.

In all cases in which the entire invention has been assigned before the issue of the patent, the correspondence should be in the name of the assignee, he being the party in interest. (The forms of assignment will be found on page 37.)

The Fees : how payable.-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 assistanttreasurers, 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

$30 00 If a foreigner who has resided in the United States one year next prece

ding the application for a patent, and shall have made oath of his intention to become a citizen

30 00 If a subject of the sovereign of Great Britain

500 00 All other foreigners ..

300 00 On entering a caveat...

20 00 On entering an application for an appeal from the decision of the Com.

missioner On extending a patent beyond the fourteen years

40 00 For adding to a patent the specification of a subsequent improvement.. 15 00 In case of re-issues, for every additional patent...

30 00 On surrender of an old patent, to be re-issued to correct a mistake of the patentee....

15 00 On application for a design.

15 00 For a disclaimer

10 00 For copies of patents, or any other paper on file, for each 100 words. On all assignments, &c., which shall not contain over 300 words.. On all assignments, &c., containing more than 300 and not more than 1,000 words

3 00 On all assignments, &c., containing more than 1,000 words...

25 00


1 00

2 00


For copies of drawings, a reasonable sum, in proportion to the time occupied in making the same.

In case of deposite made with the assistant-treasurers, or other persons aus thorized to receive public moneys, a duplicate receipt should be taken, stating by whom the payment was made, and for what object. The particular invention should be referred to, to enable tke applicant to recover back the twenty dollars, in case of the withdrawal of the petition. The certificate of deposite may be made in the following form :

No. 130.-Form of Certificate of Deposite.

Office of the sceneler old

, Reston,

December 10, 1850. The treasurer of the United States has credit at this office for thirty dollars, in specie, deposited by John Fitch, of the city of Philadelphin, in the county of Philadelphia, and state of Pennsylvanin, the same being for a patent (or whatever the object may be) for a steam-boiler.

JOHN JONES. Officers who are authorized to receire Patent. Fees on aceount of the Trensury of the United States, and to give Receipts or Certificates of Deposite therefor.Assistant-treasurer of the United States at Boston, New York, Charleston, S. C., and St. Louis, Mo.: treasurer of the mint, Philadelphia, and of the branch mint, New Orleans, La.: surveyor and inspector, Pittsburgh, Pa.: Collector, Baltimore, Md.; Richmond, Va.; Norfolk, Va.; Buffalo Creek, N. Y.; Wilmington, N. C.: Savannah, Ga.; Mobile, Ala.: surveyor of the customs, Nashville, Tenn., and Cincinnati, Ohio: receiver of public moneys, Little Rock, Ark.; Jeffersonville, Ind. ; Chicago, Ill. ; Detroit, Mich.

Any person wishing to pay a patent or other fee, may deposite it with either of the officers above named, and forward the receipt or certificate to the patentoffice, at Washington, as evidence thereof.

Money sent by mail is at the risk of the person sending the same; and all money sent from the office, by mail, is at the risk of the person requesting to have it transmitted in that way. In no case should money be sent enclosed witb models.

GENERAL INFORMATION. The following suggestions, gathered from the circular of the commissioner of patents, are inserted for the benefit of those who may have business with the office :

The patent-office can not act as counsellor for individuals, nor as an expounder of law, except in reference to questions arising

within the office; and the extent of information that can be given in these cases is to forward a copy of patent-laws and the usual printed official circular.

Applications are examined and patents issued in the order in which the proper documents are completed, except in cases in which the claims 80 nearly resemble those undergoing examination as to render an interference probable-in which case they will be taken up and examined wi:h the cases then under examination.

A decision deliberately made and affirmed by one commissioner, can not he disturbed by his successor. The only remedy is by appeal, in the manner prescribed by law.

The personal attendance of an applicant at the patent-office is unnecessary: the business can be done by correspondence or by attorney. The examiners will decide questions of povelty and patentability upon papers imperfectly prepared, if sufficiently perspicuous to be understood, when such papers are prepared by the inventor himself. But if an agent be eme ployed, it is presumed that he is qualified for the business he has undertaken without calling on the office for instructions. No double correspondence can be sanctioned: when an inventor employs an agent, the office will correspond with either, but not with both.

All communications relating to official business should be addressed to the commissioner of patents-no other can receive attention. Correspondence with the examiners or other bubordinates relating to patents is strictly prohibited.

"REQUEST.-Congress having authorized the collection and distribution of seeds through the patent-office, a transmission to Washington of any rare and useful seeds may confer a great benefit on the community, and will, so far as is practicable, be reciprocated by the commissioner. A history of the seed transmitted, together with the place of its production, is respectfully solicited.'s


The right of pre-emption to the public lands of the United States is granted and defined by the act of Congress of September 4, 1841, and the amendatory or supplementary act of March 3, 1843. The regulations which we here present bave been compiled from instructions issued from the general land-office to the registers and receivers, and will be found to contain all the information requisite to enable pre-emptors to avail themselves of the privileges of the acts.

The individual claiming the benefits of the act of 1841, as amended by the act of 1843, must be

1. Either a citizen of the United States, or have filed his declaration of intention to become a citizen, at the time of the settlement on which his claim is based.

2. Either the head of a family, or a widow, or a single man over the age of twenty-one years.

3. An inhabitant of the tract sought to be entered, apon which in person he has made a settlement and erected a dwelling-house, and otherwise improved Baid tract since the 1st of June, 1840, and prior to the time when the land is applied for; which land must, at the date of the settlement, have had the Indian title extinguished, and been surveyed by the United States.

By the ninth section of the act of the 3d of March, 1843, the entry of a claim under the act of the 4th of September, 1841, may be made, although it may be for land not surveyed at the time of the settlement, where such settlement was made prior to the 4th of September, 1841, and after the extinguishment of the Indian title.

A person failing in any one of these requisites can have no claim by virtue of this act.

A person bringing himself within each of the above requirements by proof satisfactory to the register and receiver of the land-district in which the lands may lie, taken pursuant to the rules hereinafter' prescribed, will, after having taken the affidavit required by the act, be entitled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a qua er-section, to include his residence, and he may avail himself of the same at any time prior to the day of the commencement of the public sale, including said tract where the land has not yet been proclaimed.

Where the land was subject to private entry at the date of the law, and a settlement shall thereafter be made upon such land, or where the land shall have become, or shall hereafter become, subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing under this act, such notice of his intention must be given within thirty days after the date of such settlement. Such notice, in all cases, must be a written one, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act. (See forras 131 and 132.) The proof, affi. davit, and payment, must be made within twelve months after the date of such settlement.

Where the land has not been offered at public sale, and thus rendered subject to private entry, a similar “notice in writing" must be filed within three months after settlement (or sooner, if the land is proclaimed for sale); and the proof, pay. ment, and affidavit of the claimant, must be made before the day fixed for the commencement of the public sale which shall include the tract claimed. (See form 133.)

A person who has filed, or shall hereafter file, according to law, a declaratory statement for a tract of land subject to private entry, may enter the same after the twelve months from the time of his settlement shall have expired, without


filing any proof of his right as a pre-emptor, provided he is the first applicant, after that time, for the entry of the same at private sale.

The tracts liable to entry under these acts are some one of the following desig. nations :

1. A regular quarter-section, notwithstanding its quantity, may be a few acres more or less than one hundred and sixty; or a quarter-section, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines.

2. A fractional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey, made pursuant to law, and not exceeding said quantity.

3. Two adjoining half quarter-sections of the regular quarters mentioned in the first designation; or, two adjoining eighty-acre subdivisions of the irregular quarters found on the north and west sides of townships, where more than two such subdivisions exist, or the excess may render them necessary, provided in the latter case the aggregate quantity does not exceed one hundred and sixty

4. Two half quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres.

5. A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggregate quantity not ex ceeding one hundred and sixty acres.

6. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section, or an eighty-acre subdivision of a fractional section.

7. One or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres.

8. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres.

Forty-acre tracts or quarter-quarter sections, are subject to entry, selection, or location, precisely in the same manner that eighty-acre tracts, or half quarter sections, have heretofore been.

Only one person on a quarter-section is protected by this law, and that is the one who made the first settlement, provided he shall have conformed to the other provisions of the law.

A person who has once availed himself of the provisions of this act, can not at any future period, or at any other land-office, acquire another right under it.

No person who is the proprietor of three hundred and twenty acres of land in any state or territory of the United States, is entitled to the benefits of this act.

No person who shall quit or abandon his residence on bis own land, to reside on the public land in the saine state or territory, is entitled to the benefits of this act; and satisfactory proof must be furnished that he has not done so.

Land is not properly, legally surveyed, until the surveys made by the deputies are approved by the surveyor-general; but in accordance with the spirit and intent of the law, and for the purpose of bringing the settler within its provisions, the land is to be construed as surveyed when the requisite lines are run on the field, and the corners established by the deputy-surveyor.

No assignments or transfers of pre-emption rights can be recognised. The patents must issue to the claimants, in whose names alone all entries must be made.

Sundry Descriptions of Land which are exempted from the Operations of this Act.-1. Lands included in any reservation by any treaty, law, or proclamation, of the president of the United States, and lands reserved for salines or for other purposes.

2. Lands reserved for the support of schools.

3. Lands acquired by either of the last two treaties with the Miami tribe of Indians in the state of Indiana, or which may be acquired of the Wyandot tribe of Indians in the state of Ohio, or other Indian reservation to which the title has

1 1

« PreviousContinue »