New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-26
THE PROPOSED NEW PATENT Law
7. ,ur SENATE oF THE UNITED STATES, I
-. L

read and passed 10 a second readlng:
BILL to amend the seyesl ,es row IN O'e 'e''"s -"
Be il enacted By The Senate and House 81 RfPrcfAa-
fr, Of The Uaited States Of Aey.a ~ Congress dsm-
Md That the Commissioner of Patents may establish
rule for the taking Of any aidavt or deposltons "hio
NAV be required in pending in the Patent once aad
nav prescribe the officers before whom such ahdlys or
detosiions shall be taken, which he may DO e'her oy
general regulations special orders Such oihceIs W per
sor shall have power to issue suop@na' 10 eompe e OF
tendance Of Witnesses which may Dc sent 20 any distance
not exceeding fifty miles from the place where the witness
is required 10 attend They shall also be vested win
uower 10 administer oath TO issue attachments aud pun
i'll for con,emps the Same sha De necessary %
comre The attendance Of Witnesses or 10 preserve oueF
while taking their dispositions. Ard whenever witness
from whom an RI pqrfe affidavit il desired sha refuse or
fs TO give full testimony all points suggested 70 h'
i,t.rroeatories may be propounded 10 him. whlc To-
gether with the thereto may be reduced 10 wit
ing az used in place of Oh affidavit; ana any person.
in an affidavit or deposition above conteni-
plated sia wiuly falsely, he shau De deeuleu
guilty Of rerjury, and be punishable accordhgy'
SIC > And Be further enacted That when any udse'
before whom an appeal from the decision of the Commls-
siorer now shall hereafter be pending shan Tor any
cause he unable hear and determine the same win rea
sonabe promptness the CommiSsiontr OF iatehs ay re-
u the anpelsnt 10 select one of the other Judges 10
xlou tie case shall BE- transferred and if within reason
able time to be fixed by the Commissioner such selection
i no; made the appeal shall be dismissed ~
SIC a And BE- = tlTther enacted That, in addition to
The force now employed in the Patent Office, there sha
be appointed four principal examiners ana lou als.ns
examiners, whose mode OF appointment compensation
and duties shall be yied for other oucers OF me
same respective grades and should the business OF the
fce require still further increase oil force huaoer o
second assistant examiners exceeding ten may IN Ike
manner be apponted. The fret assistant examiners sha
he rated as the fourth class OF clerks ana the second %
tont HAMMERS machins and librarian as OF the third
class. , .c d, -, IT,, al Ian, g. - a
withdrawal of money deposited after the passage of this
act on the failure OF application are hereby repealed
but when money has been paid into the office by mistake
or when for any other money shall have found It's
way into the office which in justice and equity ought not
10 he retained shall be the duty of the Commissioner to
cause the same TO be refunded for which order he shall
place his reasons on record -
SEC j. And be further enacted, That the right 10 file
csyea or apply for any patent design orreissue SHAH
be enjoyed equally by citizens and aliens and the fee
quired aliens sha be the same as required OF citizens Of
the United The law requiring applications for adj
dtional mprov ements is hereby repealed.
SIC g. And be further enacted That instead of the
oath heretofore required of the applicant for patent or
design he shall only be required to affirm that
what he has described and claimed in his specification has
rot been invented discovered 10y any other person i'll
this country or been patented describedE any print
ed publication in this or any toregn country prior 10 me
invention or discovery by himself, Tor prior o the date
of his application II he chooses 70 state IN tina; man
ner As against applicant who falls to make oath that
he verify believes himself the original first invo of
that for which he sells patent the foreign inventor shall
be allowed show priority OF invention, and to obtain
netent accordingly: Pr0Uidcd he shall make application
within one year from this date within year from the
date Of his invention This provision is not intended 10
take away any of the rights heretofore enjoyed by foreign
inventors.
has been decided IN favor OF OF the parties
thereto apaon shall be granted accordingly unless the
successful party shall have patent previous to the inter-
ference and the filing of new application subsequently
10 the day of hearing the interference shall not prevent
the patent from being granted.
SIC :. And be n tUther enacted, That from and after
the passage this act every patent shall be granted for
five wears. Upon The application of any patentee ass
nee of patent for the extension of patent granted
within six months preyiouto its expiration and upon pay
mept of hundred dollars 10 the credit of the patent
fnnd the Commissioner Of Patents shall extend such patent
for the of fifteen years which extended term shall he
subject however the conditions and restrictions for the
confirmation of such patent and the proceedings for annu
ling such patent hereinafter provided in this act And all
paenees and assgnees of patents which in force
NAV after the lapse of five years from the date of the issue
of The letters patent avail themselves of the provisions OF
this act Prorded That the term for which such patents
may be extended shall not exceed the term twenty years
from the date OF issue of the original letters patent And
proridcd Purifier, That no patent shall be extended for
second term. - .
not be subject writ of attachment any process
law issued judgment rendered tor debt but shall enure
to he benefit solely of the patentee his heirs and assigns.
Nothing contained in this section shall be construed to
avoid aDLu process of law against the products of
sn invention machine instructed under patent or the
avails of patented invention.
SEC. TO- And be further enacted, That the Commits
soner Of Patents authorized to restore to the respective
applicants otherwise dispose of such of the MODELS be-
longing rejected applications as he shall think unneces
safy To be preserved The same authority also given in
relation 10 all models accompanying applications for de-
signs He is further authorized dispense in future with
models of designs where the design be sufficiently
models for any that may be in the office which larger
than be retained with due regard to the convenience
! of the office.
SEC H. AndJe fgrher eaate9 That the limit now xed
the number Of collectors who may be authorized
ward models to the Patent Office is hereby removed and
the Commissioner may appoint as many he may find
expedient and much OF the tenth section of tue act
approved the third March eighteen hundred aud thirty
seven authorizes the transportation of models the
Patent Office to be chargabe to the patent is hereby
repealed Tie Commissioner of Patents is hereby
thorzed to employ his chief clerk to frank such letters
and documents permitted by law.
SEC. -. And be FURTHER enacted, That the Commits
sOner may require all papers fled in the Patent Office to
be correctly, legiby, and briefly written; and for gross
misconduct wiul violation OF the rules OF the office
he may refuse 10 recognize person patent agent
either generally or in any particular but the
Of the Commissioner for such refusal shall be duly
corded And the Commissioner OF Patents is hereby
thozed TO admit such persons practice patent
as he may deem qualified and no person shall be permit
ted act agent for inventors who shall not have
ceived such authority from the Commissioner of Patents
SIC 49, And be FURTHER enacted Tha; from and after
the passage of this act the right Of appeal TO the Chief
Justice or to either OF the Associate Justices Of the Circuit
Court shall cease except as to CAGES which then have
been finally acted upon by the Commissioner Of Patents
and to which the right of such appeal shall then be
/ pletc
There shall be appointed in the same manner as is now
provided for the appointment of Commissioner an
Assistant Commissioner Of Patents with salary Of g.
per annum, payable out Of the patent fund who in al
during the necessary absence Of the COMM
or when the said principal Office shall become vacant
shall have the charge and custody Of the SEAL and of the
records, books, papers machines nodes and all other
things belonging 10 the said office and shall perform the
duties Of Commissioner during such vacancy; and whose
duty il shall be TO entertain appeals from the final action
of the examiners in the which shall be prescribed
/ by the Commissioner. And from his decision APP
may be taken 10 the Commissioner person upon the pay
ment of the prescribed in the thirteenth section
! this act
SIC a. And further enacted That so much Of the
lave in fix rates of the Patent Office fees are
he