The national Republican., 1861-07-16

or any new and useful pattern, or print, OF pic.
ture, to be either worked into or worked on, or
printed, or painted, or cast, or otherwise fixed
on, any article Of manufacture, or any new and
original shape oe con6guration OF any article
of manufacture, not known or used by others
before his, her. or their invention, or production
thereof and prior to the time of his, her, or
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 to 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
a patent therefor, as in the case now OF appli.
cation for patent, for the term Of three aud
one half wears, or for the term of seven years,
or for the term Of fourteen years, as the said
applicant may elect in his application: Prori-
ded, That the fee to be paid in such applica-
tion shall be, for the term Of three years and
six months ten dollars, for seven years, fifteen
dollars, and for fourteen years, thirty dollars; |;
And prorided, That the pstentees Of designs
under this act shall be entitled 10 the extension
of their respective patents for the term of seven
years from the day on which said patents shall
expire, upon the same terms and restrictions
as are now provided for the extension Of letters
patent.
Sec. IL. And be it further enacted, That all
applications for patents shall be completed and
prepared for examination within two years after
the filing of the petition, and in default thereof
they shall be regarded as abandoned by the
parties thereto; unless it be shown to the salts
faction Of the Commissioner of Patents that
such delay was unavoidable; and all applica-
tions now pending shall be treated as If filed
a. &c I'd all appl;,a.
tons for the extension of patents shall be filed
at least ninety days before the expiration there.
Of; and notice OF the day set for the hearing Of
the case shall be published, as now required BY
law, for at least sixty days.
Sec. l3. And be 1t further enacted, That In
all cases where an article is made or vended
by any person under the protection Of letters.
patent, It shall be the duty Of such persen to
give sufficient notice to the public that said or.
ticle Is so patented, either by fixing thereon
the word patented, together with the day and
year the patent was granted or when, from the
character of the article patented, that may be
impracticable, by enveloping one or more Of
the said articles, and afixing label 10 the
package, or otherwise attaching thereto label
on which the notice, with the date, is printed, !,
on failure Of which, in any suit for the infringe
ment Of letters patent by the party failing so to
mark the article the right to which is iniringed
upon, no damage shall be recovered by the
plaintiff, except on proof that the defendant
was duly notified of the Infringement, and con-
tinued after such notice to make or vend the
article patented. And the sixth section Of the
act entitled "An act in addition to an act to
promote the progress Of the useful arts" and
so forth, approved the twenty ninth day Of Au
gust, eighteen hundred and forty.two, be, and
the same is hereby, repealed.
Sec. IA. And be ii further enacted, That the
Commissioner of Patents be, and he is hereby,
authorized to print, or in his discretion to cause
| TO be printed, ten copies of the description and
claims of all patents which may hereafter be
granted, and ten copies of the drawings Of the
same, when drawings shall accompany the pa.
tents Provided, The cost Of printing the text
| Of said descriptions and claims shall not ex.
coed, exclusive of stationery, the sum of two
cents per hundred words for each Of said copies,
and the cost of the drawing shall not exceed
fifty cents per copy; one copy Of the above
| number shall be printed on parchment, to be
affixed TO the letters-patent, the work shall be
under the direction and subject to the approval
Of the Commissioner Of Patents, and the ex.
pense of the said copies shall be paid for out OF
the patent fund.
Sec. l5. And be ii further enacted, That
printed copies OF the letters.patent Of the Uni.
ted States, with the seal of the Patent Office
affixed thereto, and certified aud signed by the
Commissioner OF Patents, shall be legal evi.
dence Of the contents of said letters. patent in
all cases.
Sec. l6. and be 1t further enacted, That all
patents hereafter granted shall remain in
force for the term OF seventeen years from the
date of issue; and all extension Of ouch patents
is hereby prohibited. ... So
Sec. II. And be IL further enacted, That all
acts and parts of acts heretofore passed, which
are inconsistent with the provisions of this act
be and the same are hereby repealed.
approved, March 2, 1861.