The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1836-08-24

IN foreign country. and the same lhav-
ing been published, at any time within
SIX months next preceding the filing of
his specification and drawing. And
whenever the applicant shall request it,
the patent shall take date from the time
of the filing ofihe specification and draw
ings, no, however exceeding six months
prior to the actual issuing of the patent;
aud on like request, and the payment of
the duty herein required, 10y any appli-
cant, his specification and dra wings shall
be filed IN the secret archives of the Office
until he shall furnished the model and
the patent be issued not exceeding tho
term of one year, the applicant being en-
tilIed to notice of interfering applications.
SECTION 9. dad be Il further enacted,
That before any .lplvaiion for patent shall be
considered by the Commissioner az aforesaid, the
applican, shall pay into the Treasury of @e Uni.
ted States or into the Patent Office. or into INV
Of the deposlie banks TO the credit OF the Treasury,
II he be a citizen of the United States, or an alien
aud shall have been resident IN the Unud States
for one year mex, preceding, and shall have made
oath of his intention 10 become a citizen thereof.
tho sum Of thirty dollars If subject of the Kins
of Great Britain, the sum of FIVE hundred dollars
ken, one OF which 10 be filed in the Office of the
Treasurer. And the moneys roceiy ed into the
Treasury under this act, shall constitute fund for
the payment Of the salaries of tho officers and
clerks herein provided for, and all other expens
OF The Patent Office, and TO be called the pateii
l1nd.
Src. 10. lind be further enacted, That
where any person hath made, or shall have made,
any new invention, discovery. or improvement, on
account Of which patent might 10y virtue OF tins
net be granted. aud such person shall die before
any patent shal! be granted therefor, the night of
applying FOR aud obtaining such patent shall de.
volyc on the executor administrator oi such PER-
SON, IN trust for the hers u, law of the deceased.
IN case he shall have died intcstaie but II other
wise. then in trust ioi his devices in as full and
ample manner, and under the same conditions,
limitations, aud restrictions, as the same was held.
or m,gh; baye been claimed or enjoyed by such
legal fepreson atives, the oath affirmation pro-
vded ia the sixth section Of this act shall be 80 va.
ried 10 be applicable 10 them.
SEC. IL. ARd be II further enacted,
That every patent shall be assignabe IN law, either
as 10 the whole interest, or any undivided part
thereof, by also every grant aud conveyance of
the exclusive right under any patent, TO make and
use, and to grand TO others to make and use, the
thing patented within and throughout any speci .
fed 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
gruntees hall pay TO the Commissioners the sum
of three dollars
SECTION I2. And be IL further enacted,
That any citizen of the United States or len who
shall have been resident in the United States one
year next preceding, sDd shall have made oath al
his intention 10 become a citizen thereof, who shall
have invented any new AT, machine, or improve
mont thereof, and shall desire further time 10 ma
tnre the same, may on paying TO the credit OF the
Treasury. m manner M provided ~ the ninth fcc
ton of this act, the sun OF tw cnty dollars, file IN
the Patent Office cavcnt, setting forth the desgn
aud purpo.e thereof and It's principal aud distn
gushing characteristics and praying protection o
his right, till he shall have matured his invention
which sum Of twenty dollars, IN Gaze the person
filing such cavoat shall afterwards talto ont pa.
tent for the invention therein niioned. shall be
considered a part Of the sum herein required ioi
the same. And such caveat shall be filed in the
confidential archives of the Office, nd preserved IN
secrecy. And liapplicatioD shall be made by any
other person wibIn one year from the um9.of H.
ling such caveat for patent ol any invention
with which II may IN any respect interfere, II shall
be the duty of the Commissioner 10 depositc the
description. specifications, drawings, aud model,
in the confidential archives Of tho office, aud 10 give
rotce by mail, 10 the person fling the caveai, Of
such application who SHALL within trbec months
after receiving the notice, IL he would avail him
specifications, drawings and model; and #. ~
he opinion of the Commissioner, the spocrica-
,lons OF claim interfere with each other like pro
cecdlngs may be Ind IN all pects rs are IN this
act provided IN the case Of interfering ppicatonS
pyorided honerer., Tint no opiuioD or decision OF
any board of examiners, under tie provisions OF
this act shall preclude any person interested in fa
yor of or against the validity of any patent which
has been or miy hereafter be granted, from the
riabl 10 contest the same in amy Judicial court Nj
any action in which It's validity may come IN qnes-
ton
SECTION i3. And be II further enacted,
That whenever any patent which has heretofore
been granted. or which shall hereafter be granted,
shall be- imperative or Invalid, by reason oi de
lecilyc or insufficient description or specification,
or by reason Of tie patcntee claiming ~ his speci-
fcaiion as his own invention, more than he had or
shall have a right 10 claim new accident, or
mistake aud without any fraudulent or deceptive
intention II shall be lawful for tic Commissioner,
upon the surrender to him ofsnch paert, and the
pnyfneut Of the further duty Of fifteen dollars, 10
cause new patent to be issued TO the sald inven-
tor for the same invention, ioi the residue oi the
period then unexpfcd for which the original pa
tent was granted, IN pccorIaEce with the pateniccs
corrected description aud specification And in
Gaze nf his death or any assignment by him made
Of the original patent, similar right shall vest in
iis executors administrations, or assign, ecs. ADd
the patent, so rei.sued together with the correc-
ted description aud speciiicauon, shall have the
same effect aud operation IN law, on the trial of
all actions hereafter commenced or CAUSES subse-
qnenily accruing, as though the same had been or
fginallJ filed ir such corrected form before the IS
sung of the orr. ina patent. And whenever the
o,i.ital pateniee shal be desiiOns of adding the
descripii n and specification Of any new improve
tneut OF tie original invention or discovery which
shall have been invented or discovered subsequent
10 the date cf his patent. he may. like proceedings
being had in all respect. as in the case OF original
appcniions. and on the payment Of fifteen dollars.
as her, inbeforc provided, have the sarie annexed
TO the original descnption end spec,iication; aud
The Corninls,ioner shall certify on the margin Of
such anneVed description and specification. the
time NJ is being annexed aud recorded: and the
came shall thereafter have the same effect IN law,