what condi be made. SEC. 6. And be it further enacted, That any person or persons What are sub having discovered or invented any new and useful art, machine, jects of patmanufacture, or composition of matter, or any new and usefulents, and on improvement on any art, machine, manufacture, or.composition of tions granted. matter, not known or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer, and shall desire to obtain an exclusive property therein, may make application, in writing, to the Commissioner of Patents, expressing such desire, and the Commissioner, on due proceedings had, may grant a patent therefor. But before any inventor shall receive a patent for any such new inven- How the spetion or discovery, he shall deliver a written description of his cification must invention or discovery, and of the manner and process of making, constructing, using, and 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 make, construct, compound and use the same; and in case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery. He shall, furthermore, accompany the whole with a drawing or drawings, of drawings, and written references, where the nature of the case admits of specimens, drawings; or with specimens of ingredients, and of the composi- and models. tion 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 model of his invention, in all cases which admit of a representation by model, of a convenient size to exhibit advantageously its several parts. The applicant shall also make oath, or affirmation, that he does verily believe that he is the Oath, and citioriginal and first inventor or discoverer of the art, machine, com- zenship. position, or improvement, for which he solicits a patent; and that he does not know or believe that the same was ever before known or used; and also of what country he is a citizen: which oath or affirmation may be made before any person authorized by law to administer oaths. SEC. 7. And be it further enacted, That on the filing of any such Examination application, description, and specification, and the payment of the as to noveltyif not new reduty hereinafter provided, the Commissioner shall make, or cause jected, with to be made, an examination of the alleged new invention or dis- reference to covery; and if, on any such examination, it shall not appear to prior disthe Commissioner that the same had been invented or discovered covery. by any other person in this country, prior to the alleged invention or discovery thereof by the applicant, or that it had been patented part of the tax, Model re mains. To whom appeals are made, and how. or described in any printed publication in this or any foreign country, or had been in public use or on sale, with the applicant's consent or allowance, prior to the application, if the Commissioner shall deem it to be sufficiently useful and important, it shall be his How amend duty to issue a patent therefor. But whenever, on such examinaif part is new. tion, it shall appear to the Commissioner that the applicant was not the original and first inventor or discoverer thereof, or that any part of that which is claimed as new had before been invented or discovered, or patented, or described in any printed publication in this or any foreign country as aforesaid, or that the description is defective and insufficient, he shall notify the applicant thereof, giving him briefly such information and references as may be useful in judging of the propriety of renewing his application, or of altering his specification to embrace only that part of the Can withdraw invention or discovery which is new. In every such case, if the the case, with applicant shall elect to withdraw his application, relinquishing his claim to the model, he shall be entitled to receive back twenty dollars, part of the duty required by this act, on filing a notice in writing of such election in the Patent Office; a copy of which, certified by the Commissioner, shall be a sufficient warrant to the Treasurer for paying back to the said applicant the said sum of twenty dollars. But if the applicant, in such case, shall persist in his claims for a patent, with or without any alteration of his specification, he shall be required to make oath or affirmation anew, in manner as aforesaid; and if the specification and claim shall not have been so modified as, in the opinion of the Commissioner, shall entitle the applicant to a patent, he may, on appeal, and upon request in writing, have the decision of a board of examiners,* to be composed of three disinterested persons, who shall be appointed for that purpose by the Secretary of State, one of whom, at least, to be selected, if practicable and convenient, for his knowledge and skill in the particular art, manufacture, or branch of science to which the alleged invention appertains; who shall be under oath or affirmation for the faithful and impartial performance of the Commissioner duty imposed upon them by said appointment. Said board shall must state the be furnished with a certificate in writing of the opinion and decigrounds of his sion of the Commissioner, stating the particular grounds of his rejection. objection, and the part or parts of the invention which he considers as not entitled to be patented. And the said board shall give reasonable notice to the applicant, as well as to the Commissioner, of the time and place of their meeting, that they may have an opportunity of furnishing them with such facts and evidence as they may deem necessary to a just decision; and it shall be the duty of the Commissioner to furnish to the board of examiners such information as he may possess relative to the matter under their consideration. And on an examination and consideration of the matter by such board, it shall be in their power, or of a majority * NOTE.-This Board of Examiners is repealed by Sec. 12. Act, March, 1839. of them, to reverse the decision of the Commissioner, either in whole or in part; and their opinion being certified to the Commissioner, he shall be governed thereby in the further proceedings to be had on such application: Provided, however, That, before a Tax on apboard shall be instituted in any such case, the applicant shall pay peal, and pay to the credit of the Treasury, as provided in the ninth section of of appeal this act, the sum of twenty-five dollars; and each of said persons so appointed shall be entitled to receive for his services in each case, a sum not exceeding ten dollars, to be determined and paid by the Commissioner out of any monies in his hands, which shall be in full compensation to the persons who may be so appointed for their examination and certificate as aforesaid. board. How decided. SEC. 8. And be it further enacted, That whenever an application On interfering shall be made for a patent, which, in the opinion of the Commis- applications. sioner, would interfere with any other patent for which an appliAppeals from cation may be pending, or with any unexpired patent which shall Commissionhave been granted, it shall be the duty of the Commissioner to er's decision. give notice thereof to such applicants, or patentees, as the case may be; and if either shall 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 the like terms and conditions as are provided in the preceding section of this act, 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. But nothing in this act contained shall be construed Patents taken to deprive an original and true inventor of the right to a patent Dates of patfor his invention, by reason of his having previously taken out let- ents, and filing ters patent therefor in a foreign country, and the same having been papers in published, at any time within six months next preceding the filing secret arof his specification and drawings. And whenever the applicant chives, and shall request it, the patent shall take date from the time of filing of the specifications 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. first abroad. notice. SEC. 9. And be it further enacted, That, before any application Patent tax, for a patent shall be considered by the Commissioner as aforesaid, and fund. the applicant shall pay into the Treasury of the United States, or into the Patent Office, or into any of the deposite banks, to the credit of the Treasury, if he be a citizen in the United States, or an alien, and shall have been resident in the United States for one year next preceding, and shall have made oath of his intention to become a citizen thereof, the sum of thirty dollars; if a subject of the King of Great Britain, the sum of five hundred dollars; and all other persons the sum of three hundred dollars; for which payment duplicate receipts shall be taken, one of which to be filed in Heirs may sue for patents where inventor is deceased cation. the office of the Treasurer. And the monies received into the Treasury under this act shall constitute a fund for the payment of the salaries of the officers and clerks herein provided for, and all other expenses of the Patent Office, and to be called the Patent Fund. SEC. 10. And be it further enacted, That where any person hath made, or shall have made, any new invention, discovery, or improvement, on account of which a patent might by virtue of this act be before appli- granted, and such person shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent shall devolve on the executor or administrator of such person, in trust for the heirs-at-law of the deceased, in case he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation provided in the 6th section of this act shall be so varied as to be applicable to them. Assignments must be recorded in Patent Office. Caveat, and caveat fees. SEC. 11. And be it further enacted, That every patent shall be assignable in law, either as to the whole interest, or any undivided part thereof, by any instrument in writing; which assignment, and also every grant and conveyance of the exclusive right under any patent, to make and use, and to grant to others to make and use, the thing patented within and throughout any specified part or portion of the United States, shall be recorded in the Patent Office within three months from the execution thereof, for which the assignee or grantee shall pay to the Commissioner the sum of three dollars.* SEC. 12. And be it further enacted, That any citizen of the United States, or alien who shall have been a resident of the United States one year next preceding, and shall have made oath of his intention to become a citizen thereof, who shall have.invented any new art, machine, or improvement thereof, and shall desire further time to mature the same, may, on paying to the credit of the Treasury, in manner as provided in the ninth section of this act, the sum of twenty dollars, file in the Patent Office a caveat setting forth the design and purpose thereof, and its principal and distinguishing characteristics, and praying protection of his right, till he shall have matured his invention; which sum of twenty dollars, in case the person filing such caveat shall afterwards take out a patent for the invention therein mentioned, shall be considered part of the sum herein required for the, same. And such caveat * This tax repealed by Sec. 8. Act, March 3d, 1839. а + From aught that has ever appeared to us to the contrary, during an extensive practice in the procuration of patents, the caveat appears to be a useless document, securing nothing, and protecting nothing, as any relevant testimony, ample provisions for the taking of which is made in other sections of the law, offered in a conflicting case, and which proves priority, will set aside the caveat or even an issued patent itself.-EDS. caveat. shall be filed in the confidential archives of the office, and pre- re-issue-for SEC. 13. And be it further enacted, That whenever any patent, Surrender and which has heretofore been granted, or which shall hereafter be amendments granted, shall be inoperative or invalid, by reason of a defective or and correc insufficient description or specification, or by reason of the patentee tions.-Execuclaiming in his specification, as his own invention, more than he tors and ashad or shall have a right to claim as new, if the error has or shall signees have the right of have arisen by inadvertency, accident, or mistake, and without any surrender. fraudulent or deceptive intention, it shall be lawful for the Commissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen dollars, to cause a new patent to be issued to the said inventor for the same invention, for the residue of the period then unexpired, for which the original patent was granted, in accordance with the patentee's corrected description and specification. And in case of his death, or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators, or assignees. And the patent so re-issued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the original patent. And whenever the original Of engrossing patentee shall be desirous of adding the description and specifica- additions on tion of any new improvement of the original invention or discovery, the tax. which shall have been invented or discovered by him subsequent to the date of his 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 herein-before provided, 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 patent, with |