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2 March 1861 10. Fees.
claims to be printed. Expenses.
29 Mar. 1867 1. 15 Stat. 10. Additional ex
20 July 18687. 15 Stat. 119. Rooms to be rented. Moneys received to be paid into the treasury without abatement.
For copies of drawings, the reasonable cost of making the same.
7. That the commissioner of patents be and he is hereby authorized to print, or in Descriptions and his discretion to cause to be printed, ten copies of the description and claims of all
patents which may hereafter be granted, and ten copies of the drawings of the same, when drawings shall accompany the patents: Provided, The cost of printing the text of said descriptions and claims shall not exceed, exclusive of stationery, the sum of two cents per hundred words for each of said copies, and the cost of the drawing shall not exceed fifty cents per copy; one copy of the above number shall be printed on parchment to be affixed to the letters patent; the work shall be under the direction and subject to the approval of the commissioner of patents, and the expense of the said copies shall be paid for out of the patent fund.
8. The commissioner of patents is authorized, from time to time, to appoint, in the manner already provided for by law, such an additional number of principal examiners, first assistant examiners, and second assistant examiners, as may be required to transact the current business of the office with despatch: Provided, That the whole number of such additional examiners shall not exceed four of each class, and that the total annual expense of the patent office shall not exceed its annual receipts.
9. That the commissioner of patents be authorized to rent, under the direction of the committees on patents of the senate and of the house of representatives, such rooms as may be necessary for the speedy and convenient transaction of the business of the office: Provided, That all the moneys standing to the credit of the "patent fund," or in the hands of the commissioner of patents, and all moneys hereafter received at the patent office, for any purpose, or from any source whatever, shall be paid into the treasury as received, without any deduction whatever. ** And it shall be the duty of the commissioner of patents to communicate to congress, at the commencement of every December session, a full and detailed account of moneys received for duties on patents, and for copies of records and drawings, and all other moneys received by virtue of said office; and of all moneys expended by him under and by virtue of this provision, for said contingent and miscellaneous expenses and for salaries, and the names of the persons to whom such salaries are paid, and the amount thereof paid to each.
Reports of expenditures.
2 March 1861 2 1. 12 Stat. 246.
Commissioner to for taking depositions, &c.
6. All laws now in force fixing the rates of the patent office fees to be paid, and discriminating between the inhabitants of the United States and those of other countries, which shall not discriminate against the inhabitants of the United States, are hereby repealed, and in their stead the following rates are established:
Process of con. tempt.
On filing each caveat, ten dollars.
On filing each original application for a patent, except for a design, fifteen dollars.
On every appeal from the examiners-in-chief to the commissioner, twenty dollars.
On every application for the extension of a patent, fifty dollars; and fifty dollars in addition, on the granting of every extension.
On filing each disclaimer, ten dollars.
For certified copies of patents and other papers, ten cents per hundred words.
For recording every assignment, agreement, power of attorney and other papers of three hundred words or under, one dollar.
For recording every assignment, and other papers over three hundred and under one thousand words, two dollars.
For recording every assignment or other writing, if over one thousand words, three dollars.
II. APPLICATIONS FOR PATENTS.
10. The commissioner of patents may establish rules for taking affidavits and depositions required in cases pending in the patent office, and such affidavits and depositions may be taken before any justice of the peace, or other officer authorized by law to take depositions to be used in the courts of the United States, or in the state courts of any state where such officer shall reside. And in any contested case pending in the patent office it shall be lawful for the clerk of any court of the United States for any district or territory, and he is hereby required, upon the application of any party to such contested case, or the agent or attorney of such party, to issue subpoenas for any witnesses residing or being within the said district or territory, commanding such witnesses to appear and testify before any justice of the peace or other officer as aforesaid, residing within the said district or territory, at any time and place in the subpoena to be stated; and if any witness, after being duly served with such subpoena, shall refuse or neglect to appear, or, after appearing, shall refuse to testify (not being privileged from giving testimony), such refusal or neglect being proved to the satisfaction of any judge of the court whose
clerk shall have issued such subpoena, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience, in like manner as any court of the United States may do, in case of disobedience to process of subpoena ad testificandum issued by such court; and witnesses in such cases shall be allowed the same compensa- Pay of witnesses. tion as is allowed to witnesses attending the courts of the United States: Provided, That no witnesses shall be required to attend at any place more than forty miles from the place where the subpoena shall be served upon him, to give a deposition under this law: Provided also, That no witness shall be deemed guilty of contempt for refusing to dis- Not to be reclose any secret invention made or owned by him: And provided further, That no wit- their own secret ness shall be deemed guilty of contempt for disobeying any subpoena directed to him by inventions. virtue of this act, unless his fees for going to, returning from, and one day's attendance Fees and expensat the place of examination, shall be paid or tendered to him, at the time of the service of the subpoena.
es to be tendered.
11. For the purpose of securing greater uniformity of action in the grant and refusal of letters patent, there shall be appointed by the president, by and with the advice and Examiners-inconsent of the senate, three examiners-in-chief, at an annual salary of three thousand chief. dollars each, to be composed of persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the applicant for that purpose Their duties. being filed, to revise and determine upon the validity of decisions made by examiners when adverse to the grant of letters patent; and also to revise and determine in like manner upon the validity of the decisions of examiners in interference cases; and when required by the commissioner in applications for the extension of patents; and to perform such other duties as may be assigned to them by the commissioner. From their Appeals to the decisions appeals may be taken to the commissioner of patents in person, upon payment of the fee hereinafter prescribed. The said examiners-in-chief shall be governed in their action by the rules to be prescribed by the commissioner of patents.
2 March 1861.
Ibid. § 3.
12. No appeal shall be allowed to the examiners-in-chief from the decisions of the primary examiners, except in interference cases, until after the application shall have Appeals to exabeen twice rejected; and the second examination of the application by the primary miners-in-chief examiner shall not be had, until the applicant, in view of the references given on the first rejection, shall have renewed the oath of invention, as provided for in the 7th section of the act entitled "An act to promote the progress of the useful arts, and to repeal all acts and parts of acts heretofore made for that purpose," approved July 4th 1836.(a)
Fees for caveat
ors, how com
13. No money paid as a fee, on any application for a patent, after the passage of this act, shall be withdrawn or refunded; nor shall the fee paid on filing a caveat be con- Fees not to be sidered as part of the sum required to be paid, on filing a subsequent application for a refunded. patent for the same invention. The three months' notice given to any caveator, in not to be credited pursuance of the requirements of the 12th section of the act of July 4th 1836, (b) shall to applicant. be computed from the day on which such notice is deposited in the post office at Wash- Notice to caveatinton, with the regular time for the transmission of the same added thereto, which puted. time shall be endorsed on the notice. And so much of the 13th section of the act of Improvements congress approved July 4th 1836, (c) as authorizes the annexing to letters patent of the not to be included in reissue of padescription and specification of additional improvements, is hereby repealed; and in all tents. cases where additional improvements would now be admissible, independent patents must be applied for.
14. Any citizen or citizens, or alien or aliens, having resided one year in the United States, and taken the oath of his or their intention to become a citizen or citizens, who Patents may be by his, her or their own industry, genius, efforts and expense, may have invented or issued for oriproduced any new and original design, (d) or a manufacture, whether of metal or other material or materials, an original design for a bust, statue or bas relief, or composition in alto or basso relievo, or any new and original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern, or print, or picture, to be either worked into or worked on, or printed, or painted, or cast, or otherwise fixed on any article of manufacture, or any new and original shape or configuration of any article of manufacture, not known or used by others before his, her or their invention or production thereof, and prior to the time of his, her or their application for a patent therefor, and who shall desire to obtain an exclusive property or right therein to make, use and sell and vend the same, or copies of the same to others, by them to be made, used and sold, may make application in writing to the commissioner of patents, expressing such desire; and the commissioner, on due proceedings had, may grant a patent therefor, as in the case now of ap
(a) 1 vol. 727, pl. 25. But see infra 17.
(b) 1 vol. 730, pl. 42.
(c) 1 vol. 731, pl. 43.
(d) It is essential to the validity of a patent for a design, that Miller v. Young, 33 Ill. 354.
it should be a new and original one, the result of industry, effort, genius or expense; but the law does not require that it be useful. Wooster v. Crane, 2 Fish. 583; s. c. 5 Blatch. C. C. 282.
2 March 1881. Term of patent.
15. All applications for patents shall be completed and prepared for examination Applications not within two years after the filing of the petition, and in default thereof, they shall be completed with
in two years to be considered
regarded as abandoned by the parties thereto, unless it be shown, to the satisfaction of the commissioner of patents, that such delay was unavoidable; and all applications now pending shall be treated as if filed after the passage of this act. And all applications for the extension of patents shall be filed at least ninety days before the expiraNotice of application thereof; and notice of the day set for the hearing of the case shall be published,
tions for sions.
as now required by law, for at least sixty days.
3 March 1863 2 1. 12 Stat. 796.
3 March 1865 ₹ 1. 13 Stat. 533.
Renewal of oath
18. Every patent shall be dated as of a day not later than six months after the time at which it was passed and allowed, and notice thereof sent to the applicant or his agent; and if the final fee for such patent be not paid within the said six months, the
non-payment of patent shall be withheld, and the invention therein described shall become public pro
patent fee within six months.
perty, as against the applicant therefor: Provided, That in all cases where patents have been allowed previous to the passage of this act, the said six months shall be reckoned from the date of such passage.
Time for paynient of patent fee extended.
plication for a patent, for the term of three and one-half years, or for the term of seven years, or for the term of fourteen years, as the said applicant may elect in his application: Provided, That the fee to be paid in such application shall be, for the term of three years and six months, ten dollars, for seven years, fifteen dollars, and for fourteen years, thirty dollars: And provided, That the patentees of designs under this act shall be entitled to the extension of their respective patents, for the term of seven years, from the day on which said patents shall expire, upon the same terms and restrictions as are now provided for the extension of letters patent.
27 June 1866 1. 14 Stat. 76.
16. All patents hereafter granted shall remain in force for the term of seventeen years from the date of issue; and all extension of such patents is hereby prohibited. 17. That so much of section seven of the act entitled "An act to promote the progress of the useful arts," approved July 4th 1836, as requires a renewal of the oath, be and the same is hereby repealed. (a)
20. Upon appealing for the first time from the decision of the primary examiner, to the examiners-in-chief in the patent office, the appellant shall pay a fee of ten dollars Fees on appeal to into the patent office, to the credit of the patent fund; and no appeal from the pri
mary examiner to the examiners-in-chief shall hereafter be allowed until the appellant shall pay said fee.
2 Mar. 1861 13. 12 Stat. 249.
19. Any person having an interest in an invention, whether as inventor or assignee, for which a patent was ordered to issue, upon the payment of the final fee, as provided in section three of an act approved March 3d 1863, but who has failed to make payment of the final fee as provided in said act, shall have the right to make an application for a patent for his invention the same as in the case of an original application, provided such application be made within two years after the date of the allowance of the original application: Provided, That nothing herein shall be so construed as to hold responsible in damages any persons who have manufactured or used any article or thing for which a patent aforesaid was ordered to issue. This act shall apply to all cases now in the patent office, and also to such as shall hereafter be filed; and all acts or parts of acts inconsistent with this act are hereby repealed. (b)
III. MISCELLANEOUS PROVISIONS.
21. In all cases where an article is made or vended by any person under the protection of letters patent, it shall be the duty of such person to give sufficient notice to the
How notice of pa- public that said article is so patented, either by fixing thereon the word patented,
tent to be given.
together with the day and year the patent was granted; or when, from the character of the article patented that may be impracticable, by enveloping one or more of the said articles, and affixing a label to the package, or otherwise attaching thereto a label on which the notice with the date is printed; on failure of which, in any suit for the infringement of letters patent by the party failing so to mark the article the right to which is infringed upon, no damage shall be recovered by the plaintiff, (c) except on proof that the defendant was duly notified of the infringement, and continued after such notice to make or vend the article patented. And the 6th section of the act entitled "An act in addition to an act to promote the progress of the useful arts," and so forth, approved the 29th day of August 1842, (d) be and the same is hereby repealed.
22. Printed copies of the letters patent of the United States, with the seal of the patent office affixed thereto, and certified and signed by the commissioner of patents,
Ibid. 15. Certified copies of letters patent shall be legal evidence of the contents of said letters patent in all cases.
to be evidence.
(a) 1 vol. 727, pl. 25.
(b) See act 25 June 1864, 13 Stat. 194.
(c) This does not bar an injunction. Goodyear v. Allyn, 1 Am. L. T. Rep. 94. (d) 1 vol. 736, pl. 58.
I. CIRCUIT AND DISTRICT COURTS.
1. Terms of the district court to be holden at Erie. 2. And of the circuit court.
II. COLLECTION DISTRICTS.
3. District of Erie.
4. Port of Camden annexed to district of Philadelphia. Assistant collector to be appointed.
5. May enrol and license coasting vessels.
6. Chester to be a port of delivery. Surveyor.
I. CIRCUIT AND DISTRICT COURTS.
14 Stat. 342.
1. Besides the terms of the district court of the United States, directed by law to be 28 July 1866 & 1. held at Pittsburgh, in the county of Allegheny, and at Williamsport, in the county of Lycoming, for the western district of the state of Pennsylvania, the judge of said western district shall hold two terms in every year, at the city of Erie, in the county of Erie; which shall commence the first Monday of July and January in each and every year, beginning in the July or January which shall first immediately follow the passage of this act, and be continued and adjourned, from time to time, as the court may deem expedient, for the despatch of the business thereof.
15 Stat. 42.
2. The circuit court of the United States for the western district of Pennsylvania, in 12 Mar. 1868 ? 1. addition to the terms now held, shall be held at the city of Erie, in said western district, at the same times now fixed by law for holding terms of the district court for said western district of Pennsylvania, at the city of Erie.
II. COLLECTION DISTRICTS.
13 Stat. 54.
3. The district of Presque Isle, in the state of Pennsylvania, shall hereafter be known 21 April 1864 1. as the district of Erie; and the port of Presque Isle shall hereafter be known as the port of Erie.
Terms of the disholden at Erie.
trict court to be
And of the circuit
14 Stat. 417.
annexed to the
4. That the port of Camden, in the state of New Jersey, be and the same is hereby 28 Feb. 1867 § 1. annexed to the collection district of Philadelphia; and an assistant collector, to be appointed in accordance with the laws of the United States, shall reside at Camden, Port of Camden who shall have power to enter and clear vessels in like manner as the collector of district of PhilaPhiladelphia is authorized to do, but such assistant collector shall nevertheless act in delphia. conformity to such instructions and regulations as he shall from time to time receive from the collector of Philadelphia; and the said assistant collector shall receive for pointed. his annual salary fifteen hundred dollars, in full for all services to be by him performed, and in lieu of commissions and fees.
Assistant collector to be ap
5. That the assistant collector, appointed under this act, be and he hereby is authoIbid. 2 rized to enroll and license, according to the laws of the United States, all vessels en- May enroll and gaged in the coasting trade and fisheries, owned in whole or in part by residents of that license coasting portion of the Bridgeton district lying north of Alloway's creek, in the county of Salem, in the state of New Jersey. And all such enrolments and licenses shall be as valid and effectual as if they had been effected in any other port of the United States; and the said assistant collector, in the enrolment and licensing of vessels, shall be subject to the laws of the United States, and liable to all the penalties and responsibilities imposed upon collectors in like cases.
6. Chester, in the district of Philadelphia, shall be a port of delivery, and a surveyor 29 Mar. 1867 § 1. shall be appointed, who shall reside at said port of delivery, and receive a salary of five hundred dollars per annum.
15 Stat. 10.
7. The port of entry and delivery of Philadelphia, Pennsylvania, is hereby extended, 25 June 1868 § 1. so as to include within its boundaries the whole consolidated city of Philadelphia.
15 Stat. 78.
I. REVOLUTIONARY PENSIONS.
1. Pensions not to be allowed to children of revolutionary soldiers, unless claim established in his lifetime, &c. 2. Revolutionary pensions increased. 3-4. Pensions of widows.
II. INVALID PENSIONS.
5. Evidence on application for invalid pension. Exceptions. 6. No pension to be paid to rebels or their abettors.
7. Pensions to be granted to invalid soldiers, &c. Military pensions. Naval pensions.
8. Pensions to widows and children.
9. Pensions to mothers.
10. Pensions to orphan sisters. No pensions to be paid to disloyal persons.
11. When pensions to commence.
12. Surgeons to be appointed to examine invalids.
13. Printed instructions, &c., to be furnished without charge. 14. Bounty and pensions to sailors, &c., not regularly mustered into the service.
17. Biennial examinations of pensioners.
18. Fees of examining surgeons to be refunded.
19. Declarations of claimants of pensions.
15. Pensions to widows and heirs of such persons.
16. Pension law extended to masters of gunboats, their widows and heirs.
20. Investigation of attempted frauds.
21. Limitation of pension claims.
22. Pensions to widows to terminate on marriage.
23. Special examinations. Examining boards. Compensation. 24. Pensions to volunteers, their widows, &c. Limitation.
25. On death of applicant, widow, &c., to be substituted.
28. Penalty for demanding greater compensation.
29. Acting assistant and contract surgeons to be entitled to pensions.
30. Widows and children of certain officers, &c., to be entitled to pensions.
31. Pensions for certain disabilities increased.
32. Rights of heirs.
33. Officers dying before muster.
2 April 1862 1. 12 Stat. 376.
1 April 1864 1. 13 Stat. 39. Revolutionary pensions increased.
18 Feb. 1867 1. 14 Stat. 566.
27 July 1868 13. 15 Stat. 237.
8 March 1850 2. 11 Stat. 439.
Evidence on application for invalid pension.
34. Absentees on leave, &c.
35. Computation of service.
36. To include all enlisted men, however employed.
37. When widow not to be entitled to pension for children.
38. Orphan brothers, and fathers.
39. Limitation of claims.
40. Proof of marriage of colored soldiers.
41. Provost-marshals and enrolling officers.
42. Children's pensions increased.
43. Act of 1862 to extend to all cases.
44. Right to accrued pension, in case of death, pending application.
45. Act of 1866 not to affect existing rights.
46. Act of 1865 not to affect pending applications.
47. Evidence of marriage of colored persons.
I. REVOLUTIONARY PENSIONS.
1. No claim for a pension, or for an increase of pension, shall be allowed in favor of the children or other descendants of any person who served in the war of the revolution, or of the widow of such person, when such person or his widow died without having established (a) a claim to a pension.
2. There shall be paid, out of any money in the treasury not otherwise appropriated, the sum of one hundred dollars per annum to each of the surviving soldiers of the revolution, now on the pension rolls, during their natural lives, in addition to the pensions to which they are now entitled under former acts of congress; said payment to date from, and commence on, the first day of January 1864, and to cease at their death.
3. That the pensions of widows of revolutionary soldiers whose names are now upon the pension rolls, and who were married to revolutionary soldiers prior to January 1st Pensions of wid- 1800, be and the same are hereby increased to and shall be paid at the same rate as
the deceased soldiers would be entitled under existing laws, if now living; such increase and payment to be made from the 30th day of September 1865.
4. The widows of revolutionary soldiers and sailors now receiving a less sum shall hereafter be paid at the rate of eight dollars per month.
II. INVALID PENSIONS.
5. In all cases of application for the payment of pensions to invalids, under the several laws of congress granting pensions to invalids, the affidavit of two surgeons or physicians, whose credibility as such shall be certified by the magistrate before whom the affidavit is made, stating the continuance of the disabilty for which the pension was originally granted (describing it), and the rate of such disability, at the time of making the affidavit, shall accompany the application of the first payment, which shall fall due upon a day in the fiscal year for which provision is made herein, to be declared by the secretary of the interior, and at the end of every two years thereafter; and if in a case of continued disability it shall be stated at a rate below that for which the pension was originally granted, the applicant shall only be paid at the rate stated in the affidavit: Provided, That where the pension shall have been originally granted for a total disability, in consequence of the loss of a limb, or other cause which cannot, either in whole or in part, be removed, the above affidavit shall not be necessary to entitle the applicant to payment.
(a) The word "established," in this act, refers, not to the intrinsic merits of the claim, but to the adjudication which has resulted in its approval and allowance. 10 Opin. 336.