New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-08
.ed Amendment Of the Patent Laws.I
liz rgE SENATE oF rHE UNITED STATES,
December 10 1850.
PRINTED AS AMENDED.

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,enfatres of tLe MATED States Of America ." CON
eyess assembled, That a record OF the date OF tue
receipt of every application for ISSUE reissue OF
extension Of or for an addition to patent ana oil
the fling disclaimer or caveat and OF the receipt
and transmission of al letters, papers, and docu
roents relating thereto shall be kept IN the Patent
Office; and all such letters, papers, aud docu-
vents so received shall be filed and kept In SAID
Office.
SEC. Q. and be IL further enacted, That in case
of the rejection of any such application, the Com-
missioner of Patents shall cause TO be recordedln
the Patent Office particularly, and at length, all
his reasons for his decision on such application
and he shall, on granting any such application,
cause record to be made, when the same is OBJ
iected to by any party interested; and he shall
aIso cause like record to be made without OBJ
lection being made thereto at the time, whenever
he shall be requested so to do by party inter
ested. within three months from the time of such
grant, and in case Of the decision OF the Comm'S
sioner against any such application, or against an
objection made to any such application, predlcated
upon any prior publication OF the invention
claimed, the Commissioner shall cite the name
Of sucb publication, and the page or pat thereof
that he shall consider as having Oedrlu5 VA VIC
case and distinctly specify such patent
SEC g. And be az further enacted, That certified
comics of the records correspondence, documents
and evidence in any case, shall be furnished TO
any person applying therefor, at the Patent VI
fee, on the payment OF the legal lees Tor the
same; and such certified copies shall be evidence
in all cases Of such record, correspondence state
ments documents, and evidence, on lille In the
Patent Office and shall also be evidence in all
cases in the same manner and to the same effect
as the originals would be if duly proved; and
such documentary evidence so on file shall be
presumed pr1m0 face, to be genuine.
SEC. 4 And be a further enacted, That In a re-
issue of patent the reIssued patent shall include
as claimed and patented only what shall appeal
from the petition of the original patent, or from
the specification, drawings. model or composition
of matter, deposited in the Patent Othce, was
known to the inventor and appertained to the
application, use, and practice of his invention ian
provement, or discovery at the time OF taking out
the original patent or shall appear by similar
evidence TO have belonged thereto at the time of
making some addition thereto, on application at
the Patent Office prior to the reissue; and IN
case the claims in the reissued patent are broader
than in the original one, or such additions cover.
ing what before omitted through inadvert
ence or mistake, such extension of claim shall not
have an y retrospective operation, or affect any
pending action and all machines, Implements
apparatus and articles made or begun before such
reissue. notice Of such extension OF claim, may
the same manner, to all intents and purposes, as
if such patent had not been reissued Pr0Dtted,
That there shall be no such reissue atter the eX-
piration Of four years from the date OF the original
patent.
SEC. s. and be IL further enacied, That on the
petition of any person against whom a suit may
be pending in any of the Circuit or District Courts
of the United States for the infringement of pat
ent, and such security being given as the COsrt
may order for the payment OF costs, proceedings
on scire fdci0S, according the principles OF Com
mon Law, may be had In such Court to repeal and
declare null and void such patent And upon
such proceedings on Scire fdciaS being commenced,
all proceeding at law or in equity against such
person or persons shall be stayed until the deter
mnatiOn Of the proceedings on scare faclGs, or the
further order of the Court obtained after due
tice OF application therefor The petitioner for
such procee dings shall set forth on oath the pen
dency OF the case against him, the names aud
residences, as Tar as he knows or can ascertain
them by reference to the Patent Office, of all par
ties interested in such patent, either patentees,
assgnees, or acting under any license or other
contract and give such notice TO those residing
without such district the Court In its discretion
may order and direct. All persons Interested Ia
such patent, shall be admitted 10 defend IN the
suit on the terms if any, prescribed by the Court
on their application for that purpose In case 1t
shall appear. on trial, that the patentee had no
right TO patent for the invention, art, discovery,
composition of matter, design, orimProvement set
been patented Judgment shall be given repeating
the patent and il shall be null and void and
certified copy of which judgment shall be forward
by the Clerk OF said Court to the Patent Office,
and there be recorded. And the petitioner shall
in such case recover costs In case it shall appear
the trial that the patent is invalid by reason of
some defect or informaty, and not appear that
the patentee had, Aforesaid, no right to a pat
ent, judgment Of its invalidity for such defect or
iniormality shall be entered, and the cost to be
a ~.
direct. In cause of invslidity of the pat
ent shall appear, the party defending the same
shall recover his costs from the petitioner
SIC. 6. And be IL fi0ther enacted, That any one
or more of the parties shall have right to appeal
to the Supreme Court Of the United States in any
suit on patent, in which the validity or con-
struction OF the patent is in dispute; and also in
any proceeding by scire faciaS, for a repeal of &
patent
SEC. 7. And be IL further enacted, That in all
applications to Congress, or to the Patent Ofhce
Tor an extension OF n patent or addition to, or re-
issue OF the same, the applicant shall give notice
OF such intended application for three weeks, In
two daily papers printed and published in the
City OF Washington, the first publication 10 be
made at least sixty days before said application
and any patent extended, added to, or reissued, in
c0atraventon TO the provisions of this section,
shall be null and void.
SEC 6 And be Il further enacted, That any and
all additions, reissues or extension of patent or
patents, by special legislation of Congress- which
may or shall have been obtained by fraud and cir
convention. either in communicating TO Congress
in the form Of petition or otherwise, an erro-
ne0us or false statement of facts relative thereto
ofreissue addition, or its merits for an extern
sion, or by concealing from Congress any impor-
tant fact or facts connected Herewith such ex.
tension, addition or reissue shall be adjudged to
be fraudulent and void.
Sac g. And bet further eHacted, That ell rules,
bylaws, and orders for regulating or governing
the transactions Of business in the Patent Office,
shall be reduced to writing by the Commissioner
IN a book Kept for that purpose which shall be