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

to be used the said invention or discovery subject
nevertheless to the prior OF others for much of
anotbers invention secured by a patent AS may be
used to put in practice the invention thus patented
referring to the specifications for the particulars
thereof copy of which shall be annexed to the pa
tent specifying what the patentee claims rs his In
vention or discovery.
APPLICATIONS FOR rArENr-sINGULAR PRovIso-
TWO YEARS NEGLECT OF THE PATENT OFFICE PRE-
VENTS THE ISSUING OF A PATENT.
Sec. ?. And be il further enacted That any per-
son or persons having discovered or invented any
new and useful art, machine, manufacture com.
position OF matter, or any new and useful improve
ment on any art machine, manufacture or compost
ton of matter not known or used by others before
his or their discovery or invention thereof and not
at the time Of his application for patent in public
use or on sale. with his consent allowance as the
inventor or discoverer and who shall desire to obtain
an exclusive property therein, may make application
in writing to the Commissioner of Patents expressing
such desire, andthe Commissioner due proceedings
had, may grant patent therefor-Provided the spe.
eUcdfion or dra,ring Of such application tor pa
tent may not hare been file in the Patent Office for
more than ftc0 years previous TO the date OF he
issuing Of said patent. But before any inventor
shall receive patent for any such new invention or
discovery he shall deliver written description OF his
invention discovery, and Of the manner and pro
cess of making, constructing, using and compound
ing the same, in such full. clear and exact terms,
avoiding unnecessary prolxty, as to enable any per-
son skilled in the art or science to which it apper
tsns, with which it is most nearly connected, to
in the case of any machine, he shall fuly explain
the principle and the several modes in which he has
contemplated the application of that principle or
character by which it may be distinguished from
other invention; and shall particularly specify and
point out the part, improvement or combination
which he claims "a his own invention or discovery.
He shall furthermore accompany the whole with
three awnings or three sets of drawings, and writ
ten references where the nature of the admits
of drawings; or with specimens of ingredients
and of the composition OF matter, sufficient
in quantity for the purpose of experiment,
where the invention or discovery is of a
composition of matter, which descriptions,
signed by the inventor and attested by two wit
nesses, and drawings shall be filed in the Patent
Office; and he shall, moreover, when specially re-
quested by the Commissioner of Patents, furnish q
model of his invention of convenient size to exhibit
advantageousiy its several parts. The applicant
shall make oath affirmation that he does verify
believe that he is the original and first inventor or
discOverer of the art, machine, composition or i'm
provemsnt for which he solicits patent, and that
he does not know nor believe that the same was ever
before known or used, and also OF what country he
is citizen, which oath or affirmation may be made
before any person authorized by law to administer
oaths generally in this country in case the applicant
is citizen of the United States, foreigner tenn
porarily residing or otherwise being here; but IN
case the foreigner is in his own country such oath
shall be made before some officer thereof duly
authorized to administer oaths. and attested by an
official of the United States there accredited, and
in case said oath be made by citizen of the United
States duly accredited to the government wherein
said oath shall be made.
EXAMINATION OF ArPLICAT GROUNDS FOB
GRANTING OR REFUSING A PATENT-APPsAL TO
THE COMMISSIONER FROM THE DECISION OF THE
EXAMINERS.
Sec. TO- And be it further enacted, That on the
filing of any such application, specification and draw
ings and the payment of the duty hereinafter pro-
vded, the Commissioner shall cause to be made
fair sound and discriminating examination of the
alleged new invention or discovery, such examina.
ton resting upon the premises that the granting OF
patents for inventions is the making OF contract
between an inventor and the community, and the
Pat ent Office the agent 10 see that both parties 10
the contract shall have secured to them ali their
rights and priveges-that the inventor shall have
good title to his property in the invention and that
the community shall not part with that which clear
" belongs 70 it, And such application shall there
fore be referred to the examiner having charge of the
class to which il pertains whose duty il shall be TO
carefully examine such application, and to search for
references as bear upon the claims maize In SUCH APP
pcation and to place the same before the Board of
Examinersin-C Chief. It shall be the duty OF the said
Board to carefully examine such application. and
compare the invention therein claimed with the re-
ferences produced by the examiner, and with such
other references may be within their knowledge
and If such examination 1t shall not appear 70 the
said Board that the said invention, as claimed had
been invented discovered by any other person IN
this country prior to the alleged invention or dis
covery thereof by the applicant, or that il had been
patented described in any printed publication In
this any foreign country or had been In public use or
sale with the applicant consent oralowance prior
TO the application. 0hey shall report the same to the
Commissioner and if he shall deem tine invention
thus submitted 10 him 10 be sufficiently useful and
important il shall be his duty to issue patent there
for. But. whenever on such examination II shall APP
pear to said Board that the applicant was not the
original and first inventor discoverer thereof,
that any part Of that which j. claimed as new had
before been invented, or discovered or patented or
described in any printed publication IN TINS or any
foreign country as aforesaid that the description
is defective and insufficient the applicant shall be
notified thereof and in brief such information and
references given HIM as in the opinion Of the Board
prevent the allowance of the patent or prevent the
allowance OF part Of his claims. II the applicant,
after this has been pursued in relation 10 his
application shall desire further consideration either
OF the claims a. originally presented, or a. modified,
but covering that same invention, he may so amend
the specification claims a. TO place the applica-
ton in condition for examination OF the said Ia.
vntion again; and IT, upon such second examine
ton by the Board they deny the grant of the patent
such denial shall be final on said application, ana
patent thereon shall de refused, unless the Commits
soner on appeal taken to him, shall reverse the de-
cision Of the said Board and grant patent, which
shall be final.
PRIORITY OF INVENTIONS TO BE SETTLED By THE
MMIssIoSSR--PUBLICATIoS not TO PREVENT A
PArEST-PATESTs MAY DATE SIX MONTHS PRIOR TO
THE ISSUING.
Sec. IL. And be IL further enacted. That when.
ever an application shall be made Tor patent
which, in the opinion of the Commissioner would
interfere with any other pending application
for patent or with any patent, or any reissue OF
patent, before the expiration of two years from
the date Of the original patent, II shall be the duty
of the Commissioner 20 give NOVICE thereof 20 such
applicants and patentees in order that they may
offer evidence upon the question Of priority Of inven-
ton. and have hearing before. and decision from,
the Commissioner in relation thereto. And II shall
I've the duty of the Commissioner to decide and settle
the question OF priority of invention, and to order
patent 20 be issued to the applicant to whom be be-
leves the invention Is due by virtue OF his being the
first inventor thereof 10 deny patent TO either,
IT, in his Judgment neither Of the parties Is the ORR
pinal and first inventor. But nothing contained in
this act shall be construed as to deprive an org-
mai and first inventor Of the right TO patent
for his invention by reason of his having
previously taken out letters patent therefor
in foreign country, and the same hav-
ing been published at any time within six
months next preceding the fling Of bis specification
and drawings. And whenever the applicant shall
request H. the patent shall take date from the hiing
Of the specifications and drawings; not, however ex-
aadi IS h. To hp