The weekly standard., 1870-08-17

y,
ry to produce the desired effect: or
Second. That he had surreptitious or UNJUST
ly obtained The patent for that which was in fact
invented by another, who was using reasonable
difference in adapting and perfecting The same; or
Third. That it had been patented or described
IN some printed publication prior 10 his sup
posed invention or discovery Thereof; or
Fourth. That he was not the original or first
inventor or, discoverer of any material and sub
stantial part Of the thing patented; or,
Filth. That it had been in public use or on
sale In this country, for more than two years be-
lore his application for patent. or had been
abandoned to the public. 81 mili
And in notices as to proof of previous inven-
ton, knowledge, or use of the thing patented,
the defendant shall state the names OF patentees
and the dates of their patents, and when granted
and the names and residences of the persons al
legged to have invented or to have had the prior
knowledge of the thing patented, and where and
by whom it had been used and if any one or
more OF the special matters alleged shall be
found for the defendant judgment shall be Ien-
dered for him with costs. And the like defences
may be pleaded in any suit in equity for relief
against an alleged Infringement; and proofs Of
the same may be given upon like notice in The
answer ot the defendant, and with the like effect
I SEC. 63. And be il further enacted, That when
ever it shall appear that the patentec, at the
time of making his application for the patent,
believed himself to be the original and first in
ventor or discovcrer oil the thing patented, the
same shall not be held to be void on account OF
: the invention or discovery, or any part thereof
haying been known or used in u foreign country,
before his invention or discovery thereof, if it
had not been patented, or described in printed
publication. i'
Sec. 6S. And be it further enacted That where
the patentee Of any invention or discovery, the
patent for which was granted prior to the second
day OF March, eighteen hundred and sixty-One,
shall desire an extension of his patent beyond
nj ifc itofin hoc cbol
application therefor, in writing, to lhe Commis
sioner, setting forth the reasons why such ex-
tension should be granted; and he shall also
furnish a, written statement under oath OF the
ascertained value of the invention or discovery,
and of hisreccipts and expenditures on account
thereof sufficiently in detail to exhibit q true
and faithful account of the loss and profit in
any manner sccruing to 1Hns sby reason of said
invention or discovery. And said application
shall be flied not more than six months nor less
than ninety days before the expiration of the
original term of the patent, and no extension
snail be granted after the expiration of said
original term.
SEC. "a. And be it further enacted, That upon
the receipt OF such application, and the payment
OF the duty required by law, the Commissioner
shall cause to be published in ont newspaper In
thc city OF Washington, and in such other pa
pers published in the section of the country
most interested adversely TO the extension of the
patent as he may deeD proper, for at least sixty
days prior to the day set for hearing the case,
nouce oil such application, and OF the time and
place when and where the same will be eonsid-
cred, that any person may appear and show cause
why the extension should not be granted.
SEC. 65. And be it further enacted, That on
the publication of such notice, the Commits
sioner shall refer the case to the principal ex-
aminer having charge of the class OF inventions
to which it belongs, who shall make to said
Commissioner full report OF the case and par
tieularly whether the invention or discovery was
new and patentabe when the original patent
was granted.
SEC. &C. And be it further enacted, That the
Commissioner shall, at the time and place desig-
mated in the published notice, hear and decide
upon the evidence produced, both for and
against the extenaioD; and if it shall appear to
his satisfaction that the patcntee, without neg
lect or FAULT on his part, has failed to obtain
from the use and sale of his invention or dis
covery reasonable remuneration for the time,
ingenuity and expense bestowed upon it, and
the introduction of it into use, and that it is
just and proper, having due regard for the pub
lie interest, that the term of the patent should
be extended, the said Commissioner shall make
certificate thereon, renewing and extending
the said patent for the term of seven years from
the expiration OF the first term, which certif-
cate shall be recorded in the patent office, and
thereupon the said patent shall have the same
effect in law as though it had been originally
granted for twenty-one years.
benefit of the extension of patent shall extend
to the assignees and grantees of the right TO use
the thing patented to the extent of their interest
therein.
Sec. 6S. And be it further enactek, That the
following shall be the rates for patent fees:
On filing each original application for patent,
fifteen dollars.
On issuing each original patent, twenty dol
lars.
On filing each caveat, ten dollars.
On every application for the reissue Of pat
ent, thirty dollars.
On filing each disclaimer, ten dollars.
On every application for the extension of
patent, fifty dollars.
On an appeal for the first time from the pri-
mary examiners to the examiners in chief, TIN
dollars
On every appeal from the examiners in chief
to the Commissioner, twenty dollars.
For certified copies of patcnta and other pa
pers, ten cents Per hundred words.
hundred and unyfey oiesitE5Haaent, t5l asreelnew6
dollars; of over off rnUusand words, three dol
lars
For copies of drawings, the reasonable cost of |
making them.
SEC. GO. And be it further enacted, That pat |
ent fees may be paid to the Commissioner, or to |
the Treasurer or any of the assistant trcasurers
of the United States or TO any of the designated
dcpositaries national banks, or receivers OF pub
tic money, designated by the Secretary OF the
Treasury ior that purpose, who shall give the
depositOr receipt or certificate of deposit |
therefor And all money received at the Patsnt |
Office, for any purpose, or from any source what
ever, shall be paid into the treasury as received,
without any deduction whatever; and all dis.
bursemcnts for said Office shall be made by the
dsbursing clerk OF the Interior Department.
SEC. 20 And bo it further enacted, That the
Treasurer OF the Udted States is authorized to
pay back any sum or sums.of money to any per
son who shall have paid the same into the treas
ury, or to any receiver or depositary, to the
credit OF the Treasurer, as for fees accruing at
the Patent Office through mistake, certificate
thereof being made to said Treasurer by the
Commissioner of Patents.
Sec. II. And be it further enacted, That any
person who, by his own industry, genius, efforts,
and expense, has invented or produced any new
and original design ior manufacture, bust,
statue alto-relievO, or bas-relicf: any new and
original design for the printing of wooden, silk,
cotton, or other fabrics; any new and original
impression, ornament, patenrn, print or pic
ture to be printed, painted, cast or otherwise
placed on or worked into any article OF manu-
tacture; or any new, useful, and original shape
or coniguration of any article Of manufacture,
the same net having been known OF used by
others before his invention or production thereof,
or patented or described in any printed publca-
tion, may, upon payment of the duty required
by law, and other due proceedings had the same
as in cases of inventions or discoveries, obtain
patent therefor.
Sec. ~. And be it further enacted, That the
Commissioner may dispense with models of de-
signs when the design can be sufficiently rep
resented by drawings or photographs.
Sec. 70. And be it further enacted, That pa
terts for designs may be granted for the term of
three years and six months, or for seven years,
or for fourteen years, as the applicant may, in
his application, elect.
Sec "a And be it further enacted, That pa
tentees of designs issued prior to March two,
eighteen hundred and sixty one, shall be entitled
to extension of their respective patents for the
term of seven years, in the same manner and
under the same restrictions as are provided for
the extension of patents for inventions or dis
coveries, issued prior to the second day of
March, eighteen hundred and sixtyonc
Sec. 75 And be it further enacted, That the
following shall be the rates of the fees in design
cases:
For three years and six months, ten dollars.
For seven years, fifteen dollars
For fourteen years, thirty dollars.
For all other cases in which fees arc required,
the same rates as In cases OF inventions or dis
coveries. -
Sec. rs. And be il further enacted, That all
the regulations and provisions which apply to
the obtaining or protection Of patents for inven-
| tiops or discoveries, not inconsistent with the
| provisions OF this act, shall apply to patents
| for designs. 4
Sec. II. And be it further enacted, That any
| person OF uTUl uOllliClleu tuC Oulbcu Dthtcci
| and any corporation created by the authority oi
| the United States, or OF any State or Territory
thereof, and any person, firm, or corporation
| resident OF or located in any foreign country
| which by treaty or convention affords similal
privileges to citizens of the United States, and
| who are entitled to the exclusive use OF any
| lawful trademark. who intend to adopt and
use any trademark for exclusive use within the
United States, may obtain protection for sucf
lawful trademark by complying with the fol
| lowing requirements, to-wit:
First. By causing TO be recorded in the Patent
Office the names OF the parties and their resi-
dences and place of business, who desire tht
protection Of the trade mark.
Second The class Of merchandise and the par
tcular description of goods comprised in sucl
class, BY which the trade mark has been or II
intended to be appropriated.
Third A description of the Trademark itself
with fac-similes thereof and the mode in whicl
it has been or is intended to be applied and used
Fourth. The length of time, if any, during
| wbicb t,e trade mark has been uscde