The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-16

the term OF its limitation, he may make application
tent Office, setting forth the grounds thereof and
the Commissioner shall, ON the applicants paying
the sum of one hundred dollars to the credit of the
Treasury, as in the case of an original application
for patent, cause to be published in one more Of
the newspapers in the city of Washington, and in
such other paper or papers as he may deem proper,
published in the section of the country most inte-
rested adversely to the extension of the patent a
notice of such application and of the time and place
when and where the same is to be considered that
any person may appear and show cause why the ex-
tension should not be granted; and, when an appli
| cation has been made to the Commissioner of Pa
tents for the extension and sixty days notice there
of has been given, he shall refer the case to the
| examiner having charge of the class of inven-
| lions to which said case belongs, who shall
make a report to the Board Of Examiners-in.
Chief upon the question of novelty at the date Of
the granting of the original patent which, with
further and full report of said Board upon all ques
tions therein involved, shall be made to the Commits
sioner; and thereupon the Commissioner shall grant
refuse the extension Of said patent No extension
of patent shall be granted after the expiration Of
the term for which it was originally issued and
patent shall be extended tor longer term than
seven years In all applications for extensions the
applicant shall furnish to the Commissioner state
ment in writing and under OATH of the ascertained
value of the invention, and of the receipts and
pendtures, sufficiently in detail to exhibit
true and faithful account of profit and loss
IN any manner accruing to him, and to all
others holding rights therein, from and by rea
son of said invention, 40 that the Commissioner
may have before him full and reliable information
enabling him to Judge whether the community have
not entirely paid the inventor, and others deriving
title thereto from him for the nvention and if upon
hearing of the matter it shall appear to the full
and entire satisfaction of the Commissioner, having
due regard to the public interest therein that 1t u
just and proper that the term of the patent should
lie extended by reason of those who are now and
those who have been interested therein, without
neglect or fault on their part having failed to obtain
from the use and sale Of the invention a reasonable
remuneration for the time, ingenuity and expense
bestowed upon the same, and the introduction there
of into use it shall be the duty of the Commissioner
to renew and extend the patent by making certif-
cate thereon of such extension for a term not eX-
ceeding years from and after the expiration OF
the first term which certificate shall be entered on
record in the Patent Office Said patent shall there
upon have the same effect in law as though 1t
twen.yone years. and the benefit of such renewal
and extension shall go to the assignees, grantees,
and all persons interested therein to the extent Of
their legal and respective rights.
TESTIMONY TO DE COMPULSORY ON CASES IN THE
PATENT OFFICE.
Sec. 49, And belt further enacted. That the Com
missioner of Patents may establish rules for taking
afdavts and dispositions required in cases pending
in the Patent Office. and such ahdavts and deposit
tons may be taken before any Justice Of the Peace
or other officer authorized by law to take dispositions
to be used in the courts Of the United states or in
the State courts of any State where such officer shall
Patent Office it shall be lawful for gDR any
court of the United States, for any o(4e9 terri-
tory and he is hereby required upon the application
of any party to such contested case or the agent or
attorney of such party, to issue subpGnas for
any witnesses residing or being within the said
district or territory, commanding such witnesses
TO appear and testify before any Justice Of
the peace other officer as aforesaid, residing with
in the said district or territory ut any time and
place in the subpoena to be stated, and If any wit
ness after being duly served with such subpoena
shall refuse neglect to appear or after appearing
shall refuse TO testify not being privileged from
giving testimony, such refusal or neglect being
proved to the satisfaction Of any Judge OF the court
whose clerk shall have issued such subpoena, such
Judge may thereupon proceed to enforce obedience
10 the process or to punish the disobedlence IN ike
manner as any court of the United States may do in
case of dsobedience to process OF subpoena dd esti
fcondum issued by such court, and witnesses In
such cases shall be allowed the same compensation
NJ il allowed to witnesses attending the courts OF the
United States Provided that no witness shall be
quired to attend at any place more than forty miles
from the place where the subpoena shall be served
upon him to give deposition under this law; pro-
vided also, that no witness shall be deemed
guilty of contempt for refusing to disclose any
secret invention, made or owned by him; and
provided further that no witness shall be deemed
guilty of contempt for disooeying any subpoena d.
rected TO him by virtue of this act unless his fees for
going to and returning from, and one days atten-
dance at the place Of examination shall be paid or
rendered to him at the time Of the service of the sub
pGna.
PATENTS MAY BE GRANTED FOR PATTERNS, PRINTS,
PICTURES AND STATUES.
Sec. 90 And be il further enacted. That any per-
son or persons, who by his, her or their indus
try, genius and efforts, may have invented or pro-
duced any new and original design for manufacture,
whether Of metal or other material or materials, or
any new and original design for the printing
of woollen silk, cotton other fabrics or any new
and original design for bust statue or bas relief
composition in alto or basso relieve, any new and
original impression ornament TO be placed on any
article OF manufacture, the same being formed in
marble or other mateNal any new and useful pat
tern or print, or picture to be worked into work
ed on or printed, or painted, cast or otherwise
fixed on any article of manufacture or any new and
original shape or CONFORMATION OF any article OF ma
nuiacture not known or used by others, before his,
her or their invention production thereof, and
prior 10 the time of his, her their application for
patent therefor, and who shall desire TO obtain an
exclusive property or right therein to make use and
sell and vend the same or copies Of the same to
Others by them 10 be made, used and Sold may
make application in writing to the Commissioner
of Patents, expressing such desire; and the Com
missioner, on due proceedings had, may grant
patent therefor as in the case OF other Applications
for PATENTS prescribed in this act: Provided, that
such applicant shall pay in the manner pointed out
by this act the sum of twenty-five dollars.
PROVISIONS FOR CONFLICTING PATENTS.
Sec. q. And he it further enacted. That Whence
yer there shall be two interfering patents or whene-
yer on application for patent shal have been re-
fused by the Commissioner OF Patents, on the
ground that the patent applied for would interfere
with an unexpired patent previously granted
and having twelve years or less from the
date Of It's expiration, any person interested
in any such patents either by assignment or other
wise in the one case, and any such applicant in the
other case, may have remedy by bill IN equity; and
the court having cognzance thereof notice to adj
verse parties. and other due proceedings had, may
adiudge and declare either Of the patents void in
whole or in part, or imperative and invalid, in any
particular part or portion OF the United States,
according 10 the interest which the parties 10 such
suit may possess in the patent or the inventions
patented and may also adjudge that such applicant
IL entitled, according TO the principles and proyi.
sions OF this act TO have and receive a patent for
his invention rs specified in his claim or for any
part thereof IA the fact Of priority of right or in
vention shall in any such case be made TO appear;
and such adjudication If II be IN favor OF the right
To issue such patent on his fling copy Of the adju.
dication and otherwise complying with the requsi-
tons Of this act: Provided, however, that no such
hall 80. et fha rffrbt af