The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-07-03
Concluded from 4h Page.

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every such patent shall be limited to the term
of fourteen years from the date or publication
of such foreign letters patent.
Sec. 2. And be Il further enocted. That
every person or corporation who has, or shall
have, purchased or constructed any newly in-
vented machine, manufacture, or composition
OF matter, prior, TO the application by the IN
ventor or discoverer for patent, shall be heiu
to possess the right to use and vend TO Others TO
be used the specific machine, manufacture, or
composition of matter so made or purchased
without liability therefor TO the inventor, or
any other person interested in such invention; ;
aud 10 patent shall be held to be invalid by rea-
son If such purchase. safe or use prior TO the
application fora patent as aforesaid, except on
procf of abandonment of such invention TO the
public ; or that such purchase, sale or prlor
use has been for more than two years PRIOR 10
such application for patent.
Sec B. 4nd be IL further en0cted, that so
much Of the eleventh section Of the above re-
cited act as requires the payment of three dol
lars TO the Commissioner Of Patents for record
ing any assignment. grant or conveyance OF the
whole or any part Of the interest or right under
any patent be, and the same is hereby repeal
ed aud all such assignments, grants. and con- !
veyances shall in future, be recorded without
any charge whatever.
Sec. 9. Aad be a further eRacted That
sum Of money not exceeding one thousand
dollars, be, and the same is hereby, apprOpria-
ted ont Of the patent fund.- TO be expended by
the Commissioner Of Patents in the collection
of agricultural purposes; for which the said
Commissioner account in his next annual re-
port.
Sec. 10. And be IL further enacted, That the
provisions Of the sixteenth section of the before
recited act shall extend to all cases where pa
tents are refused for any reason whatever, eith-
er by the Commissioner of Patents or by the
chief justice Of the District of Columbia, npon
appeals from the decision of said Commissioner
as well as where the same shall have been
fused on account of, or by reason OF, intener-
ence with previously existing patent; and in
all cases weere there is no opposing party,
copy of the bill shall he served upon the Com
missioner Of Patents, when the whole Of the
expenses of the proceeding shall be paid by the
applicant, whether the final decision shall be in
his favor or otherwise.
Sec. II. AaI be IL further enacted, That in
all cases where an appeal is now allowed by law
from the decision of the Commissioner OF Pa
tents to a board of examiners provided for in the
seventh section Of the act to which this is ad
ditional, the party, instead thereof, shall have
a right TO appeal TO the chief justice of the dis
trict court Of the United States foI ihe District
of Columbia, by giving notice thereof to the
Commissioner, and filing in the Patent Office,
within such tllne as the Commissioner shall
appoint, ms reasons of appeal, specifically set
ioith ia writing, and also paying into the Patent
Once, to the credit OF the patent fund, the sum
Of twenty-five dollars. And il shall be the du-
iy of said chief Justice, on petition, 10 hear and
determine all such appeals, and TO revise such
decisions IN a summary way on the evidence
produced before the Commissioner, at such
early and convenient time as hc may appoint
hrSt notifying the Commissioner of the time
and place of hearing, whose duty it shall be to
give notice thereof to all parties who appear TO
be interested therein, in such manner as said
Judge shall prescribe. The Commissioner
shall also lay before the said Judge all the orig
NAL papers and evidence in the case, together
with tbs grounds of his decision, fully set forth
in writing, touching all the points involved by |
the reasons of appeal TO which the revision
shall be confined And at the request of any ]
party interested, or q, the desire of the Judge, l
he Commissioner and the examiners in the Pa !,
ent Oiiice, may be examined under OATH in ex- !,
,!anation of the principles of the machine or D
'ther thing for which patent, in such case, is
prayed Tor. And 1t shall be the duty ofsaid
udge, after hearing of any such case TO return II
II the papers TO the Commissioner, with a GER
licate OF his proceedings and decision, which Y
hall be entered of record in the Patent office ~
nd such decision, so certified shall govern the ~
lrther proceedings of the Commissioner i'm ,s
uch case; Provided howeccr That no opinion -
r decision of the judge in any such case, shall -
reclude any person interested in favor or against 6O
lie validity OF any patentwhch has been or NAV
ereaiter' be granted, from the right to contest
ne same IN any judicial court, in any action in as
hlch It's validity may come in question ln'
Sec -. And be IL far0ieaer acted, That the ,hl Ie
commissioner of Patents shall have power to ,b'
'ake all such regulations in respect to the dr.
king OF evidence to be used in contested cas- be
before him, as may be just aud reasonable m;
nd SO much OF the act TO which this is add. ho
onal, as provides for board OF examiners, is Ira
efeby repealed. I'm
Sec, l3. And be IL further enacted, That there .
c paid annually, out of the patent fund, to the
lid chief justice, in consideration of the du-
es herein imposed, the sum of one hundred
ollars.
APPROVED, March Sd, 1889.