Arkansas true Democrat., 1861-11-14

the Attorney General, who shall pc luLlii9i0,' ~ a certificate in writing, with the o2ilion "nu WI sion of the commissioner, statlis tIe Il''i0ual grounds of his objection, and the par. or parts of the invention which he consider as hol emu, tied to be patented, and the Attorney UeHeri sI"ii give reasonable notice to the applicant, as well as to the commissioner, of the time ana place oi hearing such appeal, that they may nave all ppPo.. tunity of furnishing him with such 1acts anu es!- dence as they may deem necessary to Juo' WI sion; and it shall be the duty of the connssioiei to furnish to the Attorney General such lnlofina- tion he may possess, relative to the lha.'er ui der consideration. And on an examination !, anu anu consideration of the matter by the Attorney Uene- ral, it shall be in his power to reverse tue uetiaIo of the commissioner either in whole or III part' ana his opinion being certified to the commlssoher, ne shall be governed thereby in the further to be had on such application: Prop'ded, hoioeoer, That before an appeal shall be had III any suCh case the applicant shall pay to the credit ef the treasury, provided in the twenty thifu seclioh ol this act, the sum of twenty-five dollars.
 SEC; S.eAnd be tt tltyther enacted, That when ever an application shall be made for patent, which in the onJioi of the commissioner would ln- terfere with any other patent tor winch an apPlca tion may be pending, or with any unexpred patent which shall have been granted, It small De the ouIy of the commissioner to give notice thereof to such applicants or patenees, as the case may De; ana II either shall be dissatisfied with the decision oi the commissioner on the question or proprety of rlght or invention, on hearing thereof he may appeal from such decision, on the like terms and condl tions as are provided in the preceding section or this act and the like proceedings shall be had to determine which or whether either of the apphcants is entitled to receive patent as prayed for. But nothino in this act contained shall be construed
 o denriye an original and true inventor of the rlght to 1st9nt for his invention by reason of hs nay ing previously taken ont letters patent therefor III q foreign country, and the same having been pup ! fl-n nnyt in Q the filing of his specifications and draWlh?s' AnI whenever the applicant shall request It, the l patent shall take date from the time ot hllnS or the specifications and drawings. not, however, eA- ceeding six months prior to the actual issunS oi the patent and on like request, and the paym of the duty herein requred by any applcant' HIS specification and drawings shall be filed Tn the se- cret archieves of the office until be shall furnish the model and the patent be issued, not exceeding the term of two years-the applicant beng entitled to notice of interfering application.
 SEC g. And De n further enacted, That where any person hath made or shall have made any new l invention, discovery or improvement, on account of which a patent might by virtue of this act be granted and such person shall die before any pa tent shall be granted therefor, the right Of apply ing for and obtaining such patent shall devolVe on the executor or administrator of such person, Tn trust for the heirs at law of the deceased m case he shall have died intesac but if otherwlse, then NN'''-A ner. and under the same conditions, limitations and restrictions as the same was held or might ! have been claimed or enjoyed by such person Ill 1 his or her life time; and when application for a patent shall be made by such legal representatives.
 the oath or affirm tton provided in the sixth sec ton of this act shall be so varied as to be aPplca
 ble to them.
 SEC TO- And be t further enqcted, That every patent shall be assgnable in law, either as to the whole interest or any undivided part thereof, by any instrument in writing; which assignment, anu also every grant and conveyance ot the eXclnslve right, under any patent, to make ard use and tc
 grant to others to make and use the thing patented
 within and throughout any specified part portion
 of the Confederate States, shall be recorded III the
 natept office within three months from the eNecu
 tion thereof.
 SEC. H. And De t further enacted, That any
 person who shall have invented any new art, ma chine or improvement thereof, and shall deslr'
 further time to mature the saine, may, on payills
 to the credit of the treasury in manner as provid ="---l-i--. 7re"tia this act, the sun
 iTaYng protection Of his right till he slaii lIat matured his invention. And such cayeat shall b filed in the confidential archives of the office, an
 preserved in secrecy. And if application shall b made by any other person, within one year iron l the time Of filing Of such cayeat, for d patent o any invention with which it may in any respect in
 terere, 1t shall be the duty of the commissioner t.
 deposit the descrpuon specifications, drawing
 anu i'll Yuci III LIc CDiltilticl diCnlFGS OI Lc OIuGc
 and to give notice (by mail) to the person filin:
 the caveat of such application, 1otO shall, lciibr
 three months after receiving the notice, if lie would
 avail himself of the benefit of his cayeat, file hi
 description, specifications, drawings and model
 and lf in the opinion of the commissioner, the
 specifications of claim interfere with each other
 like proceedings may be had ill all respects as are
 in this act provided in the case of interfering ap
 plicatiOns: PrODided, h0oeUer That no opinion or decision of the commissioner or examiners, under
 the provisions of this act shall preclude any per sons interested in favor of or against the validity of any patent which has been or may hereafter be granted from the right 10 contest the same in any judicial court, in ary action in which it's validity may come in question.
 SEC. l2 Ind 6e H further enacIed That when | ever any patent which ha. heretofore been granted CT which shall hereafter be granted shall be inoDe- rative and invalid, by reason of defective or in sufficient description or specification, or by reason ot the patentee claiming in his specifications as his own invention more than he had or shall have a right to claim as new, if the has or shall have arisen by inadyertency. accident or n mistake, and without any fraudulent or deceptive intention, it shall be lawful for the commissioner, upon the surrender to him of such patent and te papneat Of the fi'fher des ot tlcenty d0Ltgrs, to cause a new patent to be issued 10 it's head inventor. for the same invention, for the residue of the period then unexpred for which the original patent was grant ed, in accordance with the patentee corrected de scr'ptlon and specification. And in case of his death or any assignment by him made of the orglnal patent, similar right shall yos5 in his executors, administrators assigns. And the patent so ressued, together with the corrected description and specifications, shall have the same effect and operation in law, on the trial of all ac- tons hereafter commenced for causes subsequently accrulng, as though the same had been originally filed in such corrected form before the issuing of the original patent. And in all cases where any new improv ovement of the original invention or dis covery may have been invented or discovered by the original patentee subsequent to the date of his patent, for which patent is desired by him. an n- dependent patent for such improvement or discovery may be applied for; and no annexng to such origi- nal patent of the description ard specification on such additional improvement or improv vements shall be allowed.
 SEC. I3. Ard be a frthey eaactea, That the de- fendant in any such action shall be permitted to lead the general issue, and give this act and any ST eca matter In evidence Of which notice in writing may have been given to the plaintiff or his attorney thrty days before trial, tending prove that the desrpton ani specification filed by the plaintiff does not colts the whole truth relative 10 his in vention or discovery that 1t contains more than IS hecessury to produce the described effect; which concea meht or addition shall fully appear to have been made for the purpose of dccciving the public, or that the patentee not the first and original inventor or discOyerer of the thing patented or of suDatantIal and material part thereof claimed as new, or that 1t has been described in some public work anteror to the supposed discovery thereof by the patentee or had been in public use or on sale with tle consent and allowance of the patentee be-