The weekly standard., 1870-08-17

Which he claims as his invention or d1scov cry;
and said specification and claim shall be signed
by the inventor and attested b, two witncs
seS.
Ses. q. And be it further enacted, That when
the nature of the case admits of drawings, the
applicant shall furnish one copy signec bv the
inventor or his attorney in fact, and attested by
Office and copy of said drawings, to be fur
nished by the Patrnt Office, shall be attached to
the patent as part of the specification.
Sec. 90. And be it further enacted, That when
the invention or discovery is ofa composition of
matter, the applicant, If required by the Com
missioner. shall furnish specimens OF ingredients
and of the composition, sufhcient IN quantity Tor
the purpose OF experiment
Sec. 29 And be it further enactee, That in all
cases which admit of representation by model
the applicant, ii revuired by the Commissioner,
shall furnish ono of convenient size to exhibit
advantageously the several paris OF ms lnven-
tion or discovery.
4 Sec. 80. And be it further enacted, That the
applicant shall make oath or affirmation that he
does verify believe himself to be the original
and first inventor or discoverer Of the art, ma
chine manufacture, composition, or improve
ment for which he solicits patent that he
does not know and does not believe that the
same was ever before known or used and shall
state of what country he is Citizen And said
oath or affirmation may be made before any per-
sou within the United Statee authorized bv law
sides in foreign country, before any minister,
charge d'affaires, consul, or commercial agent
holding commission under the government of
the United States, or before any notary public
of the foreign country iu which the applicant
may be.
Sec. 81 And be it further enacted That ON
the filing of any such application and the pay
meut OF the duty required by law, the Commits
sioner shall cause an examination to be made
OF the alleged new invention or discovery ; and
II on such examination it shall appear that the
claimant is justly entitled to patent under
the law, and that the same is sufficiently useful
and important, the Commissioner shall issue a
patent therefor.
Sec. 80. And be it further enacted,
Thst all applications for patents shall
<Pmpleted and prepared for examination
two years after the filing of the petition,
As;efauit thereof, or upon failure OF the
Applicantt to prosecuteth same within two years
alter any action therein, of which notice shall
have been given TO the applicant, they shall be
regarded as abandoned by the parties thereto.
unless it be shown to the satisfaction of the
Commissioner that such delay was unavoidable.
Sec. 3d. And be it further enacted, That pat
ents may be granted and issued or reissued to
the assignee OF the inventor or discoverer, the
assignment thereof being first entered OF record
in the Patent Office; but in such case the appli-
cation for the patent shall be made and the spe-
cif.ation sworn to by the inventor or discover
er; and also, if he be living, in ease OF an appli.
cation for reissue
See. 81. And be it further enacted, That when
any person, having made any new invention or
discovery for which patent might have been
granted, dies before a patent is granted, the
right OF applying for and obtaining the patent
shall devolve on his executor or administrator,
in trust for the heirs at law of the deceased, in
case he shall have died intcstatc; or If he shall
have left will, dsposing Of the same, then in
trust for his devisees, in as full manner and on
the same terms and conditions as the same might
have been claimed or enjoyed by him in his life
time; and when the application shall be made
by such legal representatives, the oath or afIir-
nation required to be made shall be so varied in
form that it can be made by them
Sec 35. And be it further enacted, That any
person who has an interest in an invention or
discovery, whether as inventor, discoverer, or
assignee, for which patent was ordered to issue
upon the payment OF the final fee, but who has
failed to make payment thereofwithn six months
from the time at which it was passed and allow
ed, and notice thereof was sent to the applicant
or his agent, shall have right to make an appli-
cation Tor patent for such invention or dis
covery the same as in the case of an original ap-
plication: Provided, That the second appl.ca-
tion be made within two years after the allow
anee OF the original application. But no person
shall be held responsible in damages for the |
manufacture or use of any article or thing for
which patent, rs aforesaid, was ordered 10 is
sue, prior to the issue thereof And provided
further, That when vn application tor patent
has been rejected or withdrawn, prior TO the
passage OF this act, the applicant shall have six
months from the date of such passage to renew
bis application, or to file new one; and il he
omit to do either, his application shall be held
to have been abandoned. Upon the hearing of
such renewed applications abandonment shall be
considered as question of TACT.
Sec. 81. And be it further enacted, That every
patent or any interest therein shall be assigna-
in hNv tt.cfr
the patentee or his assigns or legal representa-
tives may, in like manner, grant and convey an
exclusive right under this patent to the whole or
any specified part of the United States; and said
assignment, grant or Conveyance shall be void |
as against any subsequent purchaser or mort
gagee Tor valuable consideration, without no
tice, unless it is recorded in the Patent Office |
within three months from the date thereof.
See. ~ And be it further enacted, That every
person who may have purchased OF the inventor,
or with his knowledge and consent may have
rteStiaRJS are 'fntpdeCfot mscovercr Tor
q patent, or sold or used one so constructed,
slTsti haye-the right to use, and vend to others
to be used, the specified thing so made or pur-
chased, without liability therefor.
Sec IS. And be it further enacted, That it shall
be the duty of all patcntees, and their assigns
and legal representatives, and of all persons
making or vending any patented article for or
under them, to give sufficient notice to the pub
lie that the same is patented, either by fixing
thereon the word "patentcd, +" together with the
day and year the patent was granted; or when,
from the character of the article, this cannot be
DONE by fixing to it or the package wherein one
or moro of them is incloscd, label containing
the like notice and in any suit for infringement,
by the party falling so 10 mark, no damages
shall be recovered by the plaintiff, except on
proof that the defendant was duly notified of
the Infringement, and continued, after such no.
tice, to make, use, or vend the article so pat
ented.
Sec 80 And it further enacted, That If any
person shall, in any manner. mark upon anything
made, used, or sold by him for which he has not
obtained patent, the name or any imitation OF
the name OF any person who has obtained pa
tent therefor, with the consent of such patentee.
or his assign or legal representatives or shall
in any manner mark upon or affiX to any such
patented article the word "patcnted" or "pa-
tentee" or the words 'letters- patent" or any
word of like import, with intent to initiate or
counterfeit the mark or device of the patentee,
without having the license or consent OF such
patentee or bis assigns or legal representatives;
or shall in any manner mark upon or afiix to
any unpatented article the word "patent," or
any word importing that the same is patented,
for the purpose of deceiving the public, he shall
be liable for every such offense TO penalty Of
not less than one hundred dollars, with costs;
one moiety of said penalty to the person who
shall sue for the same, and the other to the use
of the United States, to be recovered by suit in
any district court of the United States within
whose Jurisdiction such otfense may hrve been
committed.
Sec. 40. And be it further enacted, That any
citizen OF the United States, who shallEave made
any new invention or discovery, and shall de-
sire further time to mature the same, may, on
payment of the duty required by law, file in the
Patent Office a caveat setting iorth the design
thereof, and of its distinguishing characteristics,
and praying protection OF his right until he shall
have matured hiss sjnyention and such cayeat
shall be filed in thestonfidential archives of the
office and preserved in secrecy, and shall be op-
erative for the term of one year from the filing
thereof; and il application shall be made within
the year by any Other person for a patent with
which such caveat would in any manner inter-
tere, the Commissioner Shall deposit the descrp-
| tion, specification, drawings, and model OF such
| application in like manner In the confidential
archives OF the oiie, and give notice thereof, by
mail, to the person filing the cayeat, who, If he
would avail himself of his caveat, shall file his
| description, specifications, drawings, and model
| within three months from the time OF placing
| said notice in the post Office in Washington,
| with the usual time required for transmitting
| it to tlid eayeator added thereto, which time
| shatl be- ihdorsed on the notice. And an alien
| shail have the privilege herein granted, if he
| shall have resided in the United States one year
| next preceding the filing of his caveat, and
| made oath of his intention to become citizen.
Sec. Al. And it it further enacted, That when
ever, on examination, any claim for patent is
rejected for any reason whatever. the Commits
sioner shall notify the applicant thereof, giving
| him briefly the reasons Tor such rejection, to-
| gether with such information and references as
may be useful in judging of the propriety of re-
newing his application or of altering his specif
cations; and if, after receiving such notice. the
applicant shall persist in bis claim for patent
with or without altering his specifications, thu
Commissioner shall order re-examination o
the case. 10y
Sec. AZ. And be it further enacted, Thvt when
ever an application is made for patent which
in the opinion of the Commissioner, woeld in
teriere with any pending application, r wit
any unexpired patent he shall give notice thereo
to the applicants, or applicant and patentcc, a
the case may be, and shall direct the primary ex
aminer to proceed to determine the question @
priority of invention. And the COMMISSIONS
may issue patent to the party who shall be ad
Judged the prior inventor, unless the rdvers
| party shall appeal from the decision of the pr
| mary cyaIniner. or of the board of examiners. il