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In case of the decease of an inventor, before he has obtained a patent for his invention, "the right of applying for and obtaining such a patent, shall devolve on the legal representatives of such person, in trust for the heirs at law of the deceased, if he shall have died intestate; but if otherwise, then in trust for his devisees in as full and ample manner, and under the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed, by such person in his or her life time; and when application for a patent shall be made by such legal representatives, the oath or affirmation shall be so varied as to be applicable to them" [Act of 1800, sec. 2]

"It shall be lawful for any inventor, his executor or administrator, to assign the title and interest in the said invention, at any time; and the assignee having recorded the said assignment, in the office of the Secretary of State, shall thereafter stand in the place of the original inventer, both as to right and esponsibility; and so the assignees of assigns to any degree "[Act of 1793 sec. 4]

ON THE APPLICATION FOR A PATENT.

The application for a patent must be made by petition to the Secretary of State, signifying a desire of obtaining an exclusive property in the invention, and praying that a patent may be granted therefor, [Act of 1793, sec 1,] which petition may be in the following form: "To the Secretary of State of the United States: The petition of —— in the County of

respectfully represents :

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and State of

That your Petitioner has invented a new and useful improvement in which has not heretofore been known or used; the advantages of which he is desirous of securing to himself and his legal representatives; he therefore prays that letters patent of the United States may be issued, granting unto your petitiouer, his heirs, administrators, or assigns, the full and exclusive right of making, constructing, using, and vending to others to be used, his said invention, [improvement, art, machine, manufacture, or other composition of matter, as the case may be, agreeably to the acts of Congress, in such case made and pro vided; your petitioner having paid thirty dollars into the Treasury of the United States, and complied with the other provisions of the said Acts." [The name of the petitioner to be subscribed.]

THE DESCRIPTION OR SPECIFICATION

Before the petitioner can receive a patent "he shall deliver a written description of his invention, and of his manner of using, or process of compounding the same, in such full, clear, and exact ternis, as to distinguish the same from all other things before known; and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same. And in the case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions [Act of 1793, sec. 3.]

The following form may be used for the preamble of the description or specification:

To all to whom these presents shall come: Be it known, That I,

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rented a new and usefuland that the following is a full {and exact description thereof: [Here follows a description of the " machine, manufacture, or composition of matter."]

art,

In drawing up the specification, particular attention must be paid to the requirements of the law The following general directions upon this subject embrace those points which appear to be most important :—

It the specification does not contain the whole truth relative to the discovery, or if it contains more than is necessary to produce the desired effect, and if such concealment, or addition, shall fully appear to have been made for the purpose of deceiving the public, the patent will be void.

No more must be claimed in the specification than is the invention, or discovery, of the applicant. Many patents have been vacated in consequence of inattention to this last rule. In many cases it may be proper for the applicant to describe a whole machine in the specification, although parts of it may not have been invented or discovered by him, or may have been previously known; as it might, otherwise, be difficult to make known the improvements: but after doing this, he should distinctly set forth what he claims as not previously patented This may be done best in a separate paragraph, at the end of the specification, as follows: "What I claim as my own invention, and not previously known, in the above describes machine, is, &c. &c "

This is necessary to a compliance with the 3d sertion of the act of 1793, which requires the inventor to distinguish his invention from all other things betore known.

In regard to improvements, the second section of the act of 1793 provides that any person who shall have discovered an improvement in the principle of any machine, or in the process of any composition of matter, which shall have been patented, and shall have obtained a patent for such improvement, shall not be at liberty to make, use, or vend, the original discovery:" and that "the first inventor shall not be at liberty to use the improvement;" and the same section declares, "that simply changing the form or proportions of any machine, or composition of matter, in any degree, shall not be deemed a discovery The 3d section requires that the specification or description should be signed by the applicant, and attested by two witnesses, and that it should be filed in the office of the Secretary of State

A defective description or specification may be amended, or it may be withdrawn, and another substituted by the applicant before the issuing of the patent. If, after the issuing of a patent, the inventor shall discover that his specification or description is imperfect, or that he has in any particular omitted to comply with the terins and conditions of the 3d section of the act of February, 21st, 1793, he may surrender such patent and receive another, agreeably to the 3d section of the act of July 2d, 1832, which provides, that whenever a patent "shall be invalid or inoperative, by reason that any of the terms or conditions prescribed in the 3d section of the said first mentioned act," [that of February, 1793,] "have not, by accident, inadvertence, or mistake, and without any fraudulent or deceptive intention, been complied with on the part of the said inventor, it shall be lawful for the Secretary of State, upon the surrender to him of such patent, to cause a new patent to be granted to the

said inventor, for the same invention, for the residue of the period then unexpired, for which the original patent was granted, upon his compliance with the terms and conditions prescribed in the said 3d section of the said act. And in case of his death, or any assignment by him mads of the same patent, the like right shall rest in his executors, administrators, assignee, or assignees."

Every inventor, if a citizen of the United States, before he can receive a patent, must swear or affirm that he does verily believe that he is the true inventor or discoverer of the art, machine, or improvement, for which he solicits a patent, which oath or affirmation may be made before any person authorized to administer oaths. This oath or affirmation may be in the following form:

"County of State of

On this

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in the year 18-, before the subscriber, (insert the official designation of the person administering the oath) personally appeared the within namedand made solemn oath (or affirmation) according to law, that he verily believes himself to be the true and original inventor of (insert the title of the invention or improvement) and that he is a citizen of the United States."

If the applicant be an alien, but shall have resided for two years in the United States, the words "and that he is a citizen of the United States," must be omitted, and the following substituted:

"And that the same hath not, to the best of his knowledge or belief, been known or used in this, or in any foreign country; and that he hath resided for two years in the United States."

If the applicant, being an alien, shall not have resided for two years in the United States, but shall have given notice of his intention to become a citizen thereof, instead of the words "that he has resided for two years in the United States," must be substituted the following:

"And that he hath given legal notice of his intention to become a citizen of the United States."

When application for a patent is made by the legal representatives of a deceased inventor, the oath or affirmation is to be so varied as to be applicable to them. [Act of 1800, sec. 2.]

OF DRAWINGS, MODELS, AND SPECIMENS OF INGREDIENTS. The law requires that "the applicant for a patent shall accompany" his application "with drawings, and written references, where the nature of the case admits of drawings." [Act of 1793. sec. 3.] These drawings should be according to the rules of perspective, and neatly executed; and such parts as cannot be shown in perspective, should, if important, be represented in section or detail. When the specification refers to the drawings, duplicates of them are required. Drawings are necessary even though a model be sent.

Where the application is for a patent for a machine, the law requires that "the inventor shall moreover deliver a model of his machine, provided the Secretary shall deem such model to be necessary." [Act of 1793, sec. 3.] By a regulation prescribed by the Secretary of State, some years ago, and still continued, a model is required in all cases. The model should be neatly made, and as small as a distinct representation of the machine, and its intended properties will admit; and the name

VOL. XIII.

of the inventor should be printed upon, or affixed to it, in a durable

manner.

Where the invention is of "a composition of matter," the law requires that the application be accompanied with specimens of the ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment."

OF INTERFERING APPLICATIONS.

"In case of interfering applications, the same shall be submitted to the arbitration of three persons, one of whom shail be chosen by each of the applicants, and the third person shall be appointed by the Secretary of State; and the decision or award of such arbitrators delivered to the Secretary of State, in writing, and subscribed by them, or any two of them, shall be final as far as respects the granting of the patent. And if either of the applicants shall refuse or fail to choose an arbitrator, the patent shall issue to the opposite party. And where there shall be more than two interfering applications, and the parties applying shall not all unite in appointing three arbitrators, it shall be in the power of the Secretary of State to appoint three arbitrators for the purpose." [Act of 1793, sec. 9]

Before an application can be referred the applicant must have done all which the law requires him to do previously to the issuing of a patent.

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FEES PAYABLE IN THE PATENT OFFICE.

'Every inventor, before he presents his petition to the Secretary of State, signifying his desire of obtaining a patent, shall pay into the Treasury, thirty dollars; and the money thus paid shall be in full for the Sundry services to be performed in the office of the Secretary of State." [Act of 1793, sec 11]

This requirement of the law will be complied with by a payment made to the Treasurer of the United States, at Washington, or to his credit in any one of the selected deposite banks. In either case, duplicate receipts must be taken, stating by whom the payment is made, aud for what object, one of which receipts must accompany the petition.

The practice which has heretofore existed in some cases, of sending the money to the Secretary of State, or the Superintendent, is not in conform. ity with the law, and is to be discontinued.

"For every copy which may be required, of any paper respecting any patent that has been granted, the person obtaining such copy shall pay at the rate of twenty cents for every copy sheet of one hundred words, and for every copy of a drawing, the party obtaining the same shall pay two dollars " [Act of 1793, sec. 11.]

For authenticating a copy of any paper under the seal of the Department, a fee of twenty-five cents is required by law to be paid. The recording of transfers is charged at the same rate with the copying of patents. The fees for copies of patents, and of papers or drawings relating to them, and for recording transfers, must be paid at the time the copying or recording is ordered.

OF THE RENEWAL OF PATENTS.

The 2d section of the Act of July 3d, 1832, provides, "that application to Congress, to prolong, or renew, the term of a patent, shall be made before its expiration, and shall be notified at least once a month for three mouths, before its presentation, in two newspapers printed in

the City of Washington, and in one of the newspapers in which the laws of the United States shall be published, in the State or Territory in which the patentee shall reside. The petition shall set forth, particularly, the grounds of the application. It shall be verified by oath; the evidence in its support may be taken before any judge or justice of the peace; it shall be accompanied by a statement of the ascertained value of the discovery, invention or improvement, and of the receipts and expenditures of the patentee, so as to exhibit the profit or loss arising therefrom."

Caveats are not recognized by the patent laws of the United States. But papers containing descriptions of discoveries or inventions, claimed as new, may be filed in the office at any time before an application for a patent is made. They will be so far useful as to show subsequent applicants whether they have been anticipated in their inventions. These papers, when filed, are open to the inspection of the public, in the same manner as those relating to patents.

Patents are issued in the order of time in which the proper documents are received at the Patent Office; but this rule applies only to cases in which the documents are complete.

Communications to and from the Superintendent of the Patent Office, are free of postage; and the petition to the Secretary of State, with the accompanying papers, may be transmitted directly to the Superintendent. JOHN FORSYTH, Secretary of State.

SINKING FUND.

Commissioners of the Sinking Fund, under the Act of 8th July, 1792. Martin Van Buren, Vice President of the United States.

John Marshall, Chief Justice of the Supreme Court.

John Forsyth, Secretary of State.

Levi Woodbury, Secretary of the Treasury.

Benjamin F. Butler, Attorney General.

SECRETARY.

Asbury Dickins, $250 per annum.

CLAIMS ON FRANCE.

Board of Commissioners under the Convention with France, concluded

July 4, 1831.

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Commissioners.

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George W. Campbell, of Tennessee,
John K. Kane, of Pennsylvania,
Romulus M. Saunders, of N. C.
John E. Frost, of District of Columbia, Secretary
John H Wheeler, of North Carolina, Clerk................
Note. For the act constituting this Board, see Vol. XI. p. 82.

.........

...2000 00 ••••••.1500 00

An Act to extend the time allowed for the discharge of the duties of the
Commission for carrying into effect the Convention with France.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That so much of an act en-

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