The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1837-05-17
Laws OF the United States.
Passed at the Second Session Of the
Gath Congress.
TPUBLIc--No. 34l.

mote the progress of science and use
ful arts.
Be it enacted, by the Senate and
House of Representatives. of the United
States Of America in Congress assembled
That any person who may be in posses
sion of, or in any way interested in, any
patent for an invention, discovery, or i'm
provement, issued prior to the fifteenth
day Of December, in the year of our Lord
one thousand eight hundred and thirty
,ix; or in an assignment of any patent,
or interest therein, executed and recorded
prior TO the said fifteenth day of Decem-
Der, may, without charge, on presenta-
tion or transmission thereof to the Com.
missioner of Patents, have the same re-
corded anew in the Patent Office, togeth-
er with the distractions, specifications of
claim md drawings annexed or belong
ing to the same (: aud it shall be the du-
~ of the Commissioner 10 cnise the same
or any authenticated copy of the original
record, specification, or drawing which
he may obtain, TO be transcribed and
copied into books of record to be kept for
that purpose aud wherever a drawing
was not originally annexed to the patent
and referred to in the specification, any
drawing produced as n delineation Of the
invention, being verified by oath in sucl,
manner as the Commissioner shall re-
quire, may be transmitted and placed on
file, or copied as aforesaid, together with
the certificate Of the oath or such draw
ings may be mnde in the office, under the
direction of the Commissioner, in con-
formty with the specification. And it
shall be the duty of The Commissioner to
take such measures as may be advised
aud determined by the Board Of Com
missioners provided for in the fourth Sec
lion Of this act, TO obtain the patents,
specifications aud copies aforesaid, for
tl,e purpose Of being so transcribed and
recorded. Aud it shalt he the duty Of
each of the the several clerks of the Ju-
dicial Courts of the United States, to
transmit, as soon rs may be, 10 the Com
missioner Of the Patent Office, state
ment of all The authenticated copies Of
patents, descriptions, specifications and
drawings Of inventions and discoveries
made and executed prio to the aforesaid
fifteenth day Of December, which may be
found on the files of hi, office; and also
to make out and transmit to said, Com
missiner, for record as aforesaid, n GER
tilted copy of every such patent, descrip-
ton, specification, or drawing which shall
be specially required by said Commits
sIoner.
SEC. 2. And be IL further enacted,
That copies Of such record and drawing,
certified by the Commissioner, or, in his
absence, hy the chief clerk, shall be primn
facic evidence of the particulars of the
invention aud Of the patent granted there
for, in any judicial court of tho Uuited
States, ia all cases where copies of the
original record or specification and draw
ings would be evidence, without proof Of
the loss of such originals; aud no paten,
issued prior to the aforesaid fifteenth day
of December shall, after the first day Of
June next, be received in evidence in any
of the said courts in behalf of the patentee
or other person who shall be in possession
Of the same, unless it shall have been so
recorded anew, and drawing of the in
sen,ion if separate from the patent, vcri
fed as aforesaid, deposited in the Patent
Office; nor shall any written assignment
of any such patent, executed, and record
ed prior to the said fifteenth day of De-
cembcr, be received in evidence in any
of the said courts in behalf ofthe assignee
or other person in possession thereof,
until il shall have been so recorded IL
iew.
SEC. 3. And be II further enacted,
That, whenever i, shall appear to the
Commissioner that any patent was des-
troyed by the burning of The Patent OH !
CO building on the aforesaid fifteenth day
Of December, or was otherwise lost prior
ihereto, 1t shall be his duiy, on applioa-
ton therefor by the patentee or other
person interested therein, to issue n new
patent for the samo invention or discov-
cry, bearing the date Of the original pa
tent, with his certificate thereon that it
was made and issued pursuant to the
provisions of the third section oftliis act,
aud shall enter tho same of record Pro-
uided, koi1sUer, That before such patent
shall be issued, the applicant therefor
shall deposite in the Patent Office du-
plica,e, as near rs may be, of the origi
nal model, drawings, and description,
with specification of the invention or dis
covory, verified by oath. as shall be re-
guircd by the Commissioner; and such
patent aud copies Of such drawings and
descriptions, duly certified, shall he ad-
missibIe as evidence in any Judicial court
of the United States, and shall project
the rights of tie patentec, his admins
traitors, heirs. and assigns, to the extent
only in which they would have been pro-
tected by the original patent and speci.
tication.
SEC. 1. And be il further enacted.
That il shall be the duty of the Com
missioner to procure duplicate of such
Of The models destroyed by fire on the
aforesaid fifteenth day Of December, as
were most valuable and interesting, and