Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-08-13
IOFFICIAL /
LAWS OF THE UNITED STATES,
Passed a. Second Session Of Forty -frst Congress
TprprrC-NO Ilf

SEC b. Anf bsHt g-theT snar;st. That any person
Who has an interest IN an invention or discovery
which patent was ordered to issue ugon the pay
psJment thereof within si1 months from the TIM at
which il was passed and allowed, and notice thereof
rrhi 90 make an application for . patent for such
invention or discovery The same IS N the case Of an
application De made within two years after the al
lowance Of the original application. But no person
5aetnrs or use n any article or tbibS tos 1hich
patent, aforesaid, ordered to ssns. prior to
application for patent has been rejected or
vithdIayD prior Z? the passage Of this sei, the ss
passage e. renew his application, or 70 file new
sRR % held 70 have u been h
braIing Of such renewed applications abandonment
SEC IS. AHd 5s ~ CriAsr enacted, That every pa
tent any interest therein shall be sssignsble in
or his assigns or legal .ives may in ike
manner, grant and convey sn exclusive right under
ns and sd Or
yeysnce shall B. void against subsequent pur-
Gissout nsi1s anIe.! il !. rseoTded in the Patent
ono within three months from the date thereof.
son who may have purchased Of the inventor, or
n n s9a iS G1 sy hns aosDe
or other Paientae article, pri-r 20 to th- sppica-
sold used constructed, shall have the rish,
to use. and venf toothers TO be used. the specific
thing 50 made or purchased, without liability
sEC 81 AMI Be tiJErfas- sraei.,l, That II shall be
represrntsiive. and OF eli persons making or .end.
ing any patented srticle for or under them TO give
tented, either by fixing thereof the word pa
tented" together with tho day and year the
patent granted or when, from the character of
the article, this cannot DO done by fixing il to
he pacSas1 Therrln one or more OF them Is in,
any sut for infrnrtment by the party failing 70
, except ON yToof the, the dsfndsn, ~ %.sdn no
TINED OF the infringement and eortnued after such
notice, Go make, use, or vend the article 80 pc
sEc - ard tsrJvfAer married. That II Any per-
made used or oa by hun or Which r. has not op
~ IN. ba he. OF any q NE
for without the consent OF such patentee, his as
rs sa pr 70 sy or hal in a.,
the word : patent or patentee, or the words
nsn e or he S.Ta OF deves
&c the patentee, without having the license con-
ssntsii1es; or shall in any manner marx upon OF
six to any unpstented article the word patent,"
a. any s z Ssessns the DaSlic. h. snail Se
hsbe for every such 0fense 70 penalty Of not less
cad penalty TO the person WHO shall sue f5r the
a. be recovered b. emit IN district court of hs
United states within ~hsse jurisdiction such OenSe
SIC 10 Ans Re aJHissT sr1ctsd. That any citizen
Of the nited StItes who shall have mad any new
70 mature the same, may, on payment Of the duty
required BY Law. file in the Patent Ofice a cavest
gushing harscteristics and praying protection Of
hIs rsts until he sba; hay maiGred bis Invention;
ehiyes q the once and prsseryed 10 secrecy and
f1ng thereof and il application .hsii be made
within the year by any other person for q patent
fere, the Commissioner shall deposit thu dessrip-
specification, 6rswing and model ~ such ap
y III" ot@ and give noticr thST@f by mali 10 the
person filing the oaveat. who. f. h. would avail him
tons drawings. and model within three months from
tn time OF placing sai notice IN the post Office in
hitting II ia, caye.toT added thereto, which time
shall he LdGE5ed OF The DoIlce And an alien shall
sde in the United States year "a preceding
tn fling Of his csyeat and msis oath Of his inten
ESQ Al. Anf Be- " frrtiSr enacted, That Whenever,
f1r ann Irsn sbtSsp ihe aTs .bs
notify the applicant thereof. giving him briefly the
formation and references rs may b. useful In indq
lg o. inc pTgprlrty OF glowing bis application or
such Dotce the appiican; shall rsi.t in his clam
Or patent with OF without altering his specifca-
sTe q hSd - u f,r,.,r enacted, ina, whenever
opinion Of thu Ccrnmi-si0ner would interfere with
Az Psnd,ns applSstsn: .. with .ay nne1pired p.
or applicant and patentee, the case may be, and
tTmSe the question 81 priority Of Invention And
m CSnmissicner may Issue patent 70 the p-Hy
adverse party shall appeal from the decision of the
primary examiner, or OF IN board Of examiners in
,E1n twenty DAYS a. the COmiassonsr shall pre-
scribe.
sKc az. Ant b ~ fr-ias- ,nSf,d, Tha, tho Com
Missioner may establish rules Tor taking sfidavits
and d.Posliions Is4uiisd Is cases p"niing in the
nsy b. taken before any officer authorized BY Law
sides. INC 'ii''i
Of any court 81 the United States for snr distrirt
ct Territory wherein testimony IL TO be taken for
fee shall npoa the appIicatsn o. .ny p.rty ,bareIo
q. n, ,I or aSTny p Cor viii
AM oeeI IN aid n to 1RRssI and testify before
take dep r.iions and sfidsvits At any time and pl.c.
IN the subprna stated: and II any witness, after
., in dni; s.I,ej with such suepo ns shall neglect
4 testIfy the Judge Of the court whOse clerk issut
cal Shsp Se p bs Q, saen nSeet or refa
disote'iienCe a. in other like casss
ns~- dull -ubpwnsId aud In sttendsnce shall be
allow - the same fees allow to with ess-- At
.ss Re r9.rs to ssSa 81 .s, G S no wit
han ioTty mIlss fran the place whore the pGns
i9I di,,obeyng such subDGns, unless his fees and
tra'sIing e.penses In going 70, sErom and
ar paid or tndred him the time OF the ser Ice 81
ia sa % ma nor for refusing TO disclose any secret
sc 60 Asd se " JIytssr enaeied, That every ap-
1.-THE claim. y whieh have ssss o. patent, any
.tery party o. an in rference may peal from the
ptAiiAry examiner, Of tho o IN
SneIgt 81 interference, in sue case 70 the hoard
q examiners in-ehiet having OIee paid tn fee FOR
fash appeal provided ~ law ~ " 'oi
&c u: Ind - o. JErfasr saaefsf, That IL snrh
bAy sdissatisted with the decision of the ey .nIn
Sr-in chisf, b. may, on payment OF the Suty re-
sa.I'd " law, appeal TO the Commissioner in per.
&c y, And Dc q JzrfAsr enacted, That in such
~ 10y party g an interferenee is dissatis
80 th ne decision OF the Commissioner be NAV
Gm.. ., h, supreme court orthe District OF Co
e. :, AL = a fSrt.r ssaei,d Tha. WHEN An
- % the % preIne court Of the District
.tthir h issloner and file in the Patent Once
III such me as the ComInissonar an an annSdnt
y OF sppeal, specifically set forth in xyitin,
~. AHd e 70 |ETiher sHae.f That /, ~ III -
80, ~ - sald court, petition t. hear ana is,er
81 . sppeal, and 20 revise the deci.ion an
49, I'm IN 4 summary way. on the evidenSs NJ
ouCc1 EeloIe the Commissioner. A. snrh 900 ~.
an TINE as the court may appoint mont
" OF the time and Mac ~ bsaSy;
ARC M ieNnlon shall be confined 10 ths no;,sIs
ISItn IN tie reasons OF appeal. And sftsr h.a,;,
the cs-e the eonrt shall return 10 fhr
certlnca ATE on rs proceedings and as~isi,n hik
shall be entered OF record the Pcen, 0ss %
govern the further PROCEEDINGS In ths go ~ snu
c pinion or decision OF the court IL, snv put NJ
shall preclude any person interested frny,
G. contest the validity % such patent in an
herein the same may be called In one-tio, 0"aft
SIC. 81. AHd % 10 tVrfaSr eaacsd Thai ~, ,a..f
Ing notice Of the time and lace Of hearing .nehn
peal, the Commissioner shall notify ali psrfie. ~
appear % be interestsa therein, 10 srch nner A.