lect. mine which is entitled to receive the same, and his decision in the premises shall be final 3 March 1855. and without appeal: Provided, That the payment shall, in no case, be awarded or made to any board, or commission or association, formed for the protection or advancement of any particular class of emigrants, or emigrants of any particular nation or creed. And Penalty for neg‐ if the master, captain, owner or consignee of any ship or vessel, refuse or neglect to pay to the collector the sum and sums of money required, and within the time prescribed by this section, he or they shall severally forfeit and pay the sum of fifty dollars, in addition to such sum of ten dollars, for each and every passenger upon whose death the same has become payable, to be recovered by the United States, in any circuit or district court of the United States where such vessel may arrive, or such master, captain, owner or consignee may reside; and when recovered, the said money shall be disposed of in the same manner as is directed with respect to the sum and sums required to be paid to the collector of customs. Ibid. 15. 15. The amount of the several penalties imposed by the foregoing provisions, regulating the carriage of passengers in merchant vessels, shall be liens on the vessel or penalties to be vessels violating those provisions; and such vessel or vessels shall be libelled therefor in liens. any circuit or district court of the United States, where such vessel or vessels shall How recoverable arrive. colonization so 16. All and every vessel or vessels which shall or may be employed by the American Ibid. 16. Colonization Society or the colonization society of any state, to transport, and which To apply to ves shall actually transport, from any port or ports of the United States to any colony or sels employed by colonies on the west coast of Africa, colored emigrants, to reside there, shall be and the cieties. same are hereby subjected to the operation of the foregoing provisions, regulating the carriage of passengers in merchant vessels. Ibid. 17. grant vessels 17. The collector of the customs shall examine each emigrant ship or vessel, on its arrival at his port, and ascertain and report to the secretary of the treasury the time of Examination and sailing, the length of the voyage, the ventilation, the number of passengers, their space report of emion board, their food, the native country of the emigrants, the number of deaths, the age and sex of those who died during the voyage; together with his opinion of the cause of the mortality, if any, on board, and, if none, what precautionary measures, arrangements or habits are supposed to have had any, and what agency in causing the exemption. I. PATENT OFFICE. Patents. 10. Copies so recorded to be evidence. Patents, &c., unless recorded anew, not to be received in evidence. 11. New patents to be issued in place of those lost or destroyed. Duplicate models. &c., to be filed. 12. Duplicate models to be procured in place of those destroyed. Board of commissioners. Their duties. 13. No patent to be re-issued without filing duplicate model. Nor any patent to be issued for an improvement, &c. Compensation. 14. Agents to be appointed in the principal cities, &c. 15. Examining and copying clerks. 26. Commissioner to decide on interfering claims. Appeal. Inventor may take out foreign patent. Date of patent. When specification, &c., to be kept secret until issuing of patent. 27. Duty on patents. Patent fund. 28. Patents may issue to assignees. Duplicate drawings. 31. Foreign patent not to affect right of applicant. If not in public use. Duration of patent in such case. 32. Inventors may dispose of right to use machines, &c., prior to application. During period of two years. 33. Appeals from the decision of the commissioner to be heard by the chief justice of the District of Columbia. Evidence to be laid before him. Decision to be recorded. Not to bar legal remedies. 34. Commissioner to prescribe rules for taking evidence. 35. Patents may be issued for original designs. Fees. Term of patent. 36. How oath to be administered abroad. 37. Assistant judges of the district to hear appeals. III. RIGHTS OF REPRESENTATIVES AND ASSIGNEES. IV. CAVEATS. 42. Inventor may file caveat. Fees. To he kept secret. Notice to be given of interfering application. Decision. Remedy at law preserved. V. SURRENDER AND RE-ISSUE OF PATENTS. 43. Defective patents may be surrendered and re-issued. Effect thereof. Improvements may be included in re-issued patent. Effect thereof. 44. Fees for several distinct patents on surrender. VI. ACTIONS ON PATENT RIGHTS. 45. Court may treble damages in case of infringement. How recoverable. 46. Defendant may plead the general issue and give notice of special matter. Defences. What notice to set forth. When prior use abroad not to avoid patent. Costs. 47. Remedy in equity, in case of interference. To affect parties only. 48. Jurisdiction of the circuit courts. Injunctions. Errors and appeals. 49. Patent to be good for so much as is original. Actions for infringements. No costs unless disclaimer filed. Delay in filing 29. Two-thirds of duty to be repaid to alien on withdrawal of disclaimer to bar. application. 30. Parties may swear or affirm. 50. Remedy in case of interference extended to all cases where patents are refused. VII. EXTENSION OF PATENTS. 51. Patents may be extended for seven years. Notice. Oath. Extension. Effect thereof. No extension after expiration of term. 52. Power to extend vested in the commissioner. Notice. Examiner to report. VIII. DISCLAIMERS. 53. Patentee may disclaim where his specification is too broad. How made. Effect thereof. 54. Applications for improvements and re-issues to be subject to revision as original application. Disclaimer. Appeal. 4 July 1836 1. 5 Stat. 117. blished. Commissioner of IX. PATENT FUND. 55. Patent fund appropriated for payment of expenses of the patent oflice. Commissioner to make annual report to congress. 56. Fees paid by mistake may be repaid out of the patent fund. X. MISCELLANEOUS PROVISIONS. 57. Penalty for using name, &c., of patentee, without authority, &c. On marking "patent," &c., on unpatented articles. How recoverable. 58. How patented articles to be marked. I. PATENT OFFICE. 1. There shall be established and attached to the department of state, (a) an office to be denominated the patent office; the chief officer of which shall be called the commisPatent office esta- sioner of patents, to be appointed by the president, by and with the advice and consent of the senate, whose duty it shall be, under the direction of the secretary of state, to superintend, execute and perform all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be, by law, directed to be done and performed; and shall have the charge and custody of all the books, records, papers, moAnd compensa dels, machines and all other things belonging to said office. And said commissioner patents. His duties. tion. Ibid. 22. Chief clerk. His duties. shall receive the same compensation as is allowed by law to the commissioner of the Indian department; and shall be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage.(b) 2. There shall be, in said office, an inferior officer, to be appointed by the said principal officer, with the approval of the secretary of state, to receive an annual salary of seventeen hundred dollars, and to be called the chief clerk of the patent office:(c) who, in all cases during the necessary absence of the commissioner, or when the said principal office shall become vacant, (d) shall have the charge and custody of the seal, and of the records, books, papers, machines, models and all other things belonging to the said office, Examining clerk and shall perform the duties of commissioner during such vacancy. And the said comand other officers. missioner may also, with like approval, appoint an examining clerk, at an annual salary of fifteen hundred dollars; (e) two other clerks at twelve hundred dollars each, one of whom shall be a competent draughtsman; one other clerk at one thousand dollars; a machinist at twelve hundred and fifty dollars; and a messenger at seven hundred Not to be inter- dollars. (g) And said commissioner, clerks and every other person appointed and em ested in patent rights. ployed in said office, shall be disqualified and interdicted from acquiring or taking, except by inheritance, during the period for which they shall hold their appointments, respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been or may hereafter be granted. 3. The said principal officer, and every other person to be appointed in the said office, shall, before he enters upon the duties of his office or appointment, make oath or affirmation, truly and faithfully to execute the trust committed to him. And the said commissioner and the chief clerk shall also, before entering upon their duties, severally give bonds with sureties to the treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to him or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, and for copies of records and drawings, and all other moneys received by virtue of said office. 4. The said commissioner shall cause a seal to be made and provided for the said office, with such device as the president of the United States shall approve; and copies of any records, books, papers or drawings, belonging to the said office, under the signature of Copies of records the said commissioner, or, when the office shall be vacant, under the signature of the chief clerk, with the said seal affixed, shall be competent evidence in all cases in which the original records, books, papers or drawings, could be evidence. And any person making application therefor, may have certified copies of the records, drawings and other papers deposited in said office, on paying, for the written copies, the sum of ten cents for every page of one hundred words; and for copies of drawings, the reasonable expense of making the same. controversies between the patentee and third persons. Wood worth v. Hall. Ibid. 218. And see York and Maryland Line Railroad Co. v. Winans, 17 How, 41. (e) See infra, 20. By act 3 March 1855 3 25. the first assistant examiners are to be rated as of the fourth class of clerks; and the second assistant examiners, machinist and librarian, as of the third class. 10 Stat. 674. (g) For appointment of additional clerks and officers, see infra, 15, 16, 20, 21. 23. And see fit. "Clerks," 6, 10. By act 31 Angest 1852, the disbursing clerk is required to give bond with approved security in $5000. 10 Stat. 96. And see tit. "Clerks," 13. 5. All patents issued from said office shall be issued in the name of the United States 4 July 1836 2 5. and under the seal of said office, and be signed by the secretary of state, and counter- Form of patents. signed by the commissioner of the said office ;(a) and shall be recorded, together with the descriptions, specifications and drawings, in the said office, in books to be kept for that purpose. Every such patent shall contain a short description or title of the invention or discovery, correctly indicating its nature and design, and in its terms grant to the applicant or applicants, his or their heirs, administrators, executors or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, using and vending to others to be used, the said invention or discovery ;(b) referring to the specifications for the particulars thereof, a copy of which shall be annexed to the patent, specifying what the patentee claims as his invention or discovery.(c) Ibid. 2 19. 6. There shall be provided for the use of said office, a library of scientific works and periodical publications, both foreign and American, calculated to facilitate the discharge Library. of the duties hereby required of the chief officers therein, to be purchased under the direction of the committee of the library of congress. And the sum of fifteen hundred dollars is hereby appropriated for that purpose, to be paid out of the patent fund. Ibid. 2 20. ranged and classi 7. It shall be the duty of the commissioner to cause to be classified and arranged, in such rooms or galleries as may be provided for that purpose, in suitable cases, when Models and speci necessary for their preservation, and in such manner as shall be conducive to a beneficial mens to be arand favorable display thereof, the models and specimens of compositions and of fabrics fied. and other manufactures and works of art, patented or unpatented, which have been or shall hereafter be deposited in said office. And said rooms or galleries shall be kept open, during suitable hours, for public inspection. Ibid. ? 21. Repealing sec 8. All acts and parts of acts heretofore passed on this subject, be and the same are hereby repealed: Provided however, That all actions and processes in law or equity sued out prior to the passage of this act, may be prosecuted to final judgment and execution, tion. in the same manner as though this act had not been passed, excepting and saving the application to any such action of the provisions of the fourteenth and fifteenth sections of this act, so far as they may be applicable thereto: And provided also, That all applications or petitions for patents, pending at the time of the passage of this act, in cases where the duty has been paid, shall be proceeded with and acted on in the same manner as though filed after the passage hereof. 5 Stat. 191. be recorded anew 9. Any person who may be in possession of, or in any way interested in any patent 3 March 1837 ? 1. for an invention, discovery or improvement, issued prior to the 15th day of December, in the year of our Lord 1836, (d) or in an assignment of any patent or interest therein, Patents, &c., may executed and recorded prior to the said 15th day of December, may, without charge, on presentation or transmission thereof to the commissioner of patents, have the same recorded anew in the patent office, together with the descriptions, specifications of claim and drawings annexed or belonging to the same. And it shall be the duty of the commissioner to cause the same, or any authenticated copy of the original record, specification or drawing which he may obtain, to be transcribed and copied into books of record to be kept for that purpose; and wherever a drawing was not originally annexed to the Drawings. Fatent and referred to in the specification, any drawing produced as a delineation of the invention, being verified by oath in such manner as the commissioner shall require, may be transmitted and placed on file or copied as aforesaid, together with the certificate of the oath; (e) or such drawings may be made in the office under the direction of the commissioner, in conformity with the specification. And it shall be the duty of the com- How copies. &c., to be procured. missioner to take such measures as may be advised and determined by the board of commissioners provided for in the fourth section of this act, to obtain the patents, specifications and copies aforesaid, for the purpose of being so transcribed and recorded. And it shall be the duty of each of the several clerks of the judicial courts of the United States, to transmit as soon as may be, to the commissioner of the patent office, a statement of all the authenticated copies of patents, descriptions, specifications and drawings of inventions and discoveries made and executed prior to the aforesaid 15th day of December, which may be found on the files of his office; and also to make out and transmit to said commissioner, for record as aforesaid, a certified copy of every such patent, description, specification or drawing, which shall be specially required by said commissioner. (a) The patent is prima facie evidence of the right of the patentee. Allen v. Hunter, 6 McLean, 303. Heinrich v. Luther, Ibid. 345. And parol evidence is not admissible to show at what time it was applied for. Wayne v. Winter. Ibid. 344. (6) Where a French vessel was rigged in France, with gaffs which had been patented in the United States, it was held, that as the gaffs were placed on the vessel when she was built, as part of her original equipment, in a foreign country, by persons not within the jurisdiction of our patent laws, they were not within their application, but exempted. Brown v. Duchesne, 2 Curt. C. C. 371. s. c.. 19 How. 183. (c) Two or more distinct and independent inventions, which have no necessary connexion with each other, but are appli cable to different objects and purposes, cannot be united in one patent. Barrett r. Hall, 1 Mas. 447. Moody v. Fiske, 2 Ibid. 112. Wyeth v. Stone, 1 Story, 288. Evans v. Eaton, 3 Wh. 454, 506. Root v. Ball, 4 McLean, 177. But they may be united if the sepa rate inventions relate to a like subject, or in their nature and operation are connected. Hogg v. Einerson, 6 How. 483. s. c., 11 Ibid. 605-6. (d) The date of the destruction of the patent office by fire. See infra, 11. (e) Hogg v. Emerson, 11 How. 606–7. Patents, &c., unanew, not to be received in evi less recorded 3 March 1837 2. 10. Copies of such record and drawings, certified by the commissioner, or in his Copies so record absence, by the chief clerk, shall be prima facie evidence of the particulars of the ined to be evidence. vention and of the patent granted therefor, in any judicial court of the United States, in all cases where copies of the original record or specification and drawings would be evidence, without proof of the loss of such originals. And no patent issued prior to the aforesaid 15th day of December, shall, after the first day of June next, be received in evidence in any of the said courts, in behalf of the patentee or other person who shall be in possession of the same, unless it shall have been so recorded anew, and a drawing of the invention, if separate from the patent, verified as aforesaid, deposited in the patent office; nor shall any written assignment of any such patent, executed and recorded prior to the said 15th day of December, be received in evidence in any of the said courts, in behalf of the assignee or other person in possession thereof, until it shall have been so recorded anew. dence. Ibid. 23. of those lost or destroyed. Duplicate models. &c., to be 11. Whenever it shall appear to the commissioner that any patent was destroyed by New patents to the burning of the patent office building on the aforesaid 15th day of December, or was be issued in place otherwise lost prior thereto, (a) it shall be his duty, on application therefor by the patentee or other person interested therein, to issue a new patent for the same invention or discovery, bearing the date of the original patent, with his certificate thereon that it was made and issued pursuant to the provisions of the third section of this act, and shall enter the same of record: Provided however, That before such patent shall be issued, the applicant therefor shall deposit in the patent office a duplicate, as near as may be, of the original model, drawings and descriptions, with specification of the invention or discovery, verified by oath, as shall be required by the commissioner. And such patent and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in any judicial court of the United States, and shall protect the rights of the patentee, his administrators, heirs and assigns, to the extent only in which they would have been protected by the original patent and specification. filed. place of those destroyed. Ibid. 3 4. 12. It shall be the duty of the commissioner to procure a duplicate of such of the Duplicate models models destroyed by fire on the aforesaid 15th day of December, as were most valuable to be procured in and interesting, and whose preservation would be important to the public; and such as would be necessary to facilitate the just discharge of the duties imposed by law on the commissioner in issuing patents, and to protect the rights of the public and of patentees in patented inventions and improvements: Provided, That a duplicate of such models may be obtained at a reasonable expense: And provided also, That the whole amount of expenditure for this purpose shall not exceed the sum of one hundred thousand dollars. Board of commis- And there shall be a temporary board of commissioners, to be composed of the commis. sioner of the patent office and two other persons, to be appointed by the president, whose duty it shall be to consider and determine upon the best and most judicious mode of obtaining models of suitable construction; and, also, to consider and determine what models may be procured in pursuance of and in accordance with the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms and conditions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provisions of this section into effect, according to its true intent. sioners. Their duties. Ibid. 25. filing duplicate model. Nor any patent to be issued for an improvement, &c. 13. No patent made prior to the aforesaid 15th day of December, shall be corrected No patent to be and re-issued until a duplicate of the model and drawing of the thing as originally re-issued without invented, verified by oath as shall be required by the commissioner, shall be deposited in the patent office; nor shall any addition of an improvement be made to any patent heretofore granted, nor any new patent be issued for an improvement made in any machine, manufacture or process, to the original inventor, assignee or possessor, of a patent therefor; nor any disclaimer be admitted to record; until a duplicate model and drawing of the thing originally intended, verified as aforesaid, shall have been deposited in the patent office, if the commissioner shall require the same; nor shall any patent be granted for an invention, improvement or discovery, the model or drawing of which shall have been lost, until another model and drawing, if required by the commissioner, shall, Compensation. in like manner, be deposited in the patent office. And in all such cases, as well as in those which may arise under the third section of this act, the question of compensation for such models and drawings shall be subject to the judgment and decision of the commissioners provided for in the fourth section, under the same limitations and restrictions as are therein prescribed. Ibid. ¿ 10. 14. The commissioner is hereby authorized and empowered to appoint agents in not Agents to be ap exceeding twenty of the principal cities or towns in the United States, as may best accommodate the different sections of the country, for the purpose of receiving and forwarding to the patent office all such models, specimens of ingredients and manufactures, pointed in the principal cities, &c. (a) See infra, 19. as shall be intended to be patented or deposited therein, the transportation of the same to be chargeable to the patent fund. 3 March 1837. Ibid. 11. 15. Instead of one examining clerk, as provided by the second section of the act to which this is additional, there shall be appointed, in manner therein provided, two exam- Examining and ining clerks, each to receive an annual salary of fifteen hundred dollars; and also, an copying clerks. additional copying clerk, at an annual salary of eight hundred dollars.(a) And the commissioner is also authorized to employ, from time to time, as many temporary clerks as may be necessary to execute the copying and draughting required by the first section of this act, and to examine and compare the records with the originals; who shall receive not exceeding seven cents for every page of one hundred words, and for drawings and comparison of records with originals, such reasonable compensation as shall be agreed upon or prescribed by the commissioner. 5 Stat. 333. 16. There shall be appointed, in manner provided in the second section of the act to 3 March 1839 which this is additional, two assistant examiners, [each to receive an annual salary of twelve hundred and fifty dollars.](b) Ibid. 2. Temporary 17. That the commissioner be authorized to employ temporary clerks to do any necessary transcribing, whenever the current business of the office requires it: Provided however, That instead of salary, a compensation shall be allowed, at a rate not greater than clerks. is charged for copies now furnished by the office. Ibid. 23. 18. The commissioner is hereby authorized to publish a classified and alphabetical list of all patents granted by the patent office previous to said publication, and retain one List of patents to hundred copies for the patent office, and nine hundred copies to be deposited in the library be published. of congress, for such distribution as may be hereafter directed; and that one thousand dollars, if necessary, be appropriated, out of the patent fund, to defray the expense of the same. 5 Stat. 543. be renewed. 9 Stat. 231 19. The third section of the act of March 1837, (c) which authorizes the renewing of 29 Aug. 1842 32. patents lost prior to the 15th of December 1836, is extended to patents granted prior to said 15th day of December, though they may have been lost subsequently: Provided Lost patents may however, The same shall not have been recorded anew under the provisions of said act. 20. There shall be appointed, in the manner provided in the second section of the act 27 May 1848 § 1. entitled "An act to promote the progress of useful arts, and to repeal all acts and parts of acts heretofore made for that purpose," approved July 4th 1836, two principal exam- Additional ex iners, and two assistant examiners, in addition to the number of examiners now employed in the patent office. (d) And hereafter each of the principal examiners employed in the Salaries. patent office shall receive an annual salary of twenty-five hundred dollars, and each of the assistant examiners an annual salary of fifteen hundred dollars. aminers. 21. There shall be appointed in manner aforesaid two clerks, to be employed in copying and recording, and in other services in the patent office, who shall each be paid a Copying clerks. salary of one thousand two hundred dollars per annum. (e) Ibid. 23. Ibid. 4. 22. The commissioner of patents is hereby authorized to send by mail, free of postage, the annual reports of the patent office, in the same manner in which he is empowered to Annual reports send letters and packages relating to the business of the patent office. free of postage. 11 Stat. 91. 23. There shall be appointed and paid, in the manner now provided by law, two prin- 18 Aug. 1856 9. cipal examiners and two assistant examiners, in addition to the examining force now authorized by law to be so employed in the patent office.(g) II. APPLICATIONS FOR PATENTS. 24. Any person or persons having discovered (h) or invented (i) any new and useful (k) 4 July 1836 3 6. (a) See tit. "Clerks," 6, 10. (b) See infra, 20; and tit. "Clerks,” 6, 10. (c) See supru, 11. (d) Two more principal examiners and two assistant examiners, by act 3 March 1851 2. 7 Stat 619. Four more principal examiners and four assistant examiners, by act 3 March 1855 10, 10 Stat, 670. And for further increase, see infra, 23. (e) See tit. "Clerks," 6, 10. (g) It is provided by act 4 August 1854 38, that the collections of the exploring expedition, now in the patent office, be placed under the care and management of the commissioner of patents, who is hereby authorized to employ one principal keeper of said collections at an annual salary of nine hundred dollars, one assistant keeper at an annual salary of seven hundred and fifty dollars, one night watchman at an annual salary of six hundred dollars, and two laborers at an annual salary each of three hundred and sixty-five dollars. 10 Stat. 572. (h) The discovery of a new effect of that which existed before, is not the subject of a patent; thus, no patent can be granted for the stowing of ice edgewise, although it was discovered that by this mode of stowage it will keep for a greater length of time. Kemper's Case, Cranch's Patent Decisions. $9. (1) A patentee can sustain his patent only on the ground of his being the original and sole inventor; if the idea of the principle of the invention was, without being executed, suggested to him by another, he cannot claim to be the sole inventor. Thomas v. Weeks, 2 Paine, 92. But in order to invalidate a patent, on the ground that the patentee received from another person the sug Pen gestion of the invention, it is not enough to show that the (k) By this is meant an invention which may be applied to a beneficial use in society, in contradistinction to an invention injurious to the moral health or good order of society. Bedford v. Hunt, 1 Mas. 302. Kneass v. Schuylkill Bank, 4 W. C. C. 12. It is not necessary that the thing should be the best of its kind, but if its use for the purpose for which it is constructed is practicable, that is sufficient to sustain it as a useful invention. Many r. Jagger. 1 Blatch. 373. Belford v. Hunt, 1 Mas. 302. An invention of an ornamental mode of putting up thread, which gave it no additional value, but merely made it sell more readily at retail, and for a larger price, was held not useful. within the meaning of the patent law. Langdon v. De Groot, 1 Paine, 203. |