LAWS OF THE UNITED STATES RELATING TO PATENTS AND THE PATENTS AND THE PATENT OFFICE. CONSTITUTION OF THE UNITED STATES. ARTICLE 1st, SECTION 8th. "The Congress shall have power, &c., to promote the "progress of science and useful arts, by securing, for limited "times, to Authors and Inventors, the exclusive right to their "respective writings and discoveries." Also, "to make all "laws which shall be necessary and proper for carrying "into execution the foregoing powers." CHAP. VII. AN ACT to promote the progress of useful arts. Patents for coveries, The Secre State, the SECTION 1. Be it enacted by the Senate and House of useful disRepresentatives of the United States of America, in Congress how appliassembled, That, upon the petition of any person or persons ed for, and granted. to the Secretary of State, the Secretary for the Department Repealed by the Act of War, and the Attorney-General of the United States, of 21st Feb. setting forth, that he, she, or they, hath or have invented or 1793, ch. 11. discovered any useful art, manufacture, engine, machine, or tary of device, or any improvement therein not before known or Secretary used, and praying that a patent may be granted therefor, it of War, and shall and may be lawful to and for the said Secretary of ney Gen'!, State, the Secretary for the Department of War, and the of them, if Attorney-General, or any two of them, if they shall deem they shall the invention or discovery sufficiently useful and import- invention, ,&c., useful ant, to cause letters-patent to be made out in the name of and importthe United States, to bear teste by the President of the United States, reciting the allegations and suggestions of ters-patent the said petition, and describing the said invention or dis- issued. the Attor or any two ant, to cause let to be Continuance of a patent. Attorney covery, clearly, truly, and fully, and thereupon granting to such petitioner or petitioners, his, her, or their heirs, administrators, or assigns, for any term not exceeding fourteen years, the sole and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery; which letters-patent shall be delivered to the Attorney-General of the United States, to be examined, who shall, within fifteen days next after the delivery to him, if he shall find the same conformable to this Act, certify it to be so at the foot thereof, and certify the present the letters-patent, so certified, to the President, who conformity shall cause the seal of the United States to be thereto affixed, of the patent with and the same shall be good and available to the grantee or this Act. grantees, by force of this Act, to all and every intent and purpose herein contained, and shall be recorded in a book to be kept for that purpose in the office of the Secretary of Patents to State, and delivered to the patentee or his agent, and the delivery thereof shall be entered on the record and indorsed on the patent, by the said Secretary, at the time of granting the same. be record ed. Specification in writ draft or model thereof, to be delivered the office of State. SEC. 2. And be it further enacted, That the grantee or ing, with a grantees of each patent shall, at the time of granting the same, deliver to the Secretary of State a specification in writing, containing a description, accompanied with drafts and filed in or models, and explanations and models (if the nature of the Secre- the invention or discovery will admit of a model) of the tary of thing or things, by him or them invented or discovered, and described as aforesaid, in the said patents; which specification shall be so particular, and said models so exact, as not only to distinguish the invention or discovery from other things before known and used, but also to enable a workman or other person skilled in the art or manufacture, whereof it is a branch, or wherewith it may be nearest connected, to make, construct, or use the same, to the end that the public may have the full benefit thereof, after the expiration of the patent term; which specification shall be filed in the office of the said Secretary, and certified copies thereof shall be competent evidence in all courts, and before all jurisdictions, where any matter or thing, touching or concerning such patent, right, or privilege, shall come in question. Certified copies, in what cases to be evi dence. models may be SEC. 3. And be it further enacted, That, upon the appli- Copies of specificacation of any person to the Secretary of State, for a copy tion and of any such specification, and for permission to have similar model or models made, it shall be the duty of the Secre- taken. tary to give such copy, and to permit the person so applying for a similar model or models, to take, or make, or cause the same to be taken or made, at the expense of such appli cant. SEC. 4. And be it further enacted, That, if any person or Penalty for making, persons shall devise, make, construct, use, employ, or vend, &c., any within these United States, any art, manufacture, engine, which a art, &c., for machine, or device, or any invention or improvement upon, patent has been grantor in any art, manufacture, engine, machine, or device, the ed. sole and exclusive right of which shall be so as aforesaid granted by patent to any person or persons, by virtue and in pursuance of this Act, without the consent of the patentee or patentees, their executors, administrators, or assigns, first had and obtained in writing, every person so offending, shall forfeit and pay to the said patentee or patentees, his, her, or their executors, administrators, or assigns, such damages as shall be assessed by a jury, Damages to and, moreover, shall forfeit to the person aggrieved the thing or things so devised, made, constructed, used, employed, or vended, contrary to the true intent of this act, which may be recovered in an action on the case, founded on this act. be assessed by a jury. surrepti SEC. 5. And be it further enacted, That, upon oath or Patents affirmation made before the judge of the District Court tiously obtained. where the defendant resides, that any patent which shall be issued in pursuance of this act, was obtained surreptitiously by, or upon false suggestion, and motion made to the said court, within one year after issuing the said patent, but not afterwards, it shall and may be lawful to and for the judge of the said District Court, if the matter alleged shall appear to him to be sufficient, to grant a rule that the patentee or patentees, his, her, or their executors, administrators, or assigns, show cause why process should not issue against. him, her, or them, to repeal such patents; and if sufficient repealed. cause shall not be shown to the contrary, the rule shall be made absolute, and thereupon the said judge shall order How to be In actions patents to covery; but special matter may effect. process to be issued, as aforesaid, against such patentee or patentees, his, her, or their executors, administrators, or assigns. And in case no sufficient cause shall be shown to the contrary, or if it shall appear that the patentee was not the first and true inventor or discoverer, judgment shall be rendered by such court for the repeal of such patent or patents; and if the party, at whose complaint the process issued, shall have judgment given against him, he shall pay all such costs as the defendant shall be put to, in defending the suit, to be taxed by the court, and recovered in such manner as costs expended by defendants shall be recovered in due course of law. SEC. 6. And be it further enacted, That, in all actions to for penalty, be brought by such patentee or patentees, his, her, or their be deemed executors, administrators, or assigns, for any penalty incurprimâ facie evidence of red by virtue of this act, the said patents or specifications the first dis- shall be primâ facie evidence, that the said patentee or patentees was or were the first and true inventor or inventbe given in ors, discoverer or discoverers, of the thing so specified, and evidence; and to what that the same is truly specified; but that, nevertheless, the defendant or defendants may plead the general issue, and give this act, and any special matter whereof notice in writing shall have been given to the plaintiff, or his attorney, thirty days before the trial, in evidence, tending to prove that the specification filed by the plaintiff does not contain the whole of the truth concerning his invention or discovery; or that it contains more than is necessary to produce the effect described; and, if the concealment of part, or the addition of more than is necessary, shall appear to have been intended to mislead, or shall actually mislead the public, so as the effect described cannot be produced by the means specified, then, and in such cases, the verdict and judgment shall be for the defendant. Patent fees. SEC. 7. And be it further enacted, That such patentee as aforesaid shall, before he receives his patent, pay the following fees, to the several officers employed in making out and perfecting the same, to wit: For receiving and filing the petition, fifty cents; for filing specifications, per copysheet, containing one hundred words, ten cents; for making out patent, two dollars; for affixing great seal, one dollar; for indorsing the day of delivering the same to the patentee, CHAP. IX.- AN ACT to promote the progress of useful arts, and to repeal the act heretofore made for that purpose. whom SECTION 1. Be it enacted by the Senate and House of Act of 1790, Representatives of the United States of America, in Con- chap. 7. gress assembled, That, when any person or persons, being a citizen or citizens of the United States, shall allege that he or they have invented any new and useful art, machine, Letterspatent, how manufacture, or composition of matter, or any new and and by useful improvement on any art, machine, manufacture, or made out. Act of April composition of matter, not known or used before the appli- 10, 1799, cation, and shall present a petition to the Secretary of ch. 33, repealed. State, signifying a desire of obtaining an exclusive property in the same, and praying that a patent may be granted therefor, it shall and may be lawful for the said Secretary of State to cause letters-patent to be made out, in the name of the United States, bearing teste by the President of the To bear teste by the United States, reciting the allegations and suggestions of President, the said petition, and giving a short description of the said and invention or discovery, and thereupon granting to such petitioner or petitioners, his, her, or their heirs, administrators, or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, which letters-patent shall be delivered to the be examined by the Attorney-General of the United States, to be examined; Attorneywho, within fifteen days after such delivery, if he finds the General. same conformable to this act, shall certify accordingly, at the foot thereof, and return the same to the Secretary of State, who shall present the letters-patent, thus certified, to be signed, and shall cause the seal of the United States to be thereto affixed; and the same shall be good and avail- 1800, ch. able to the grantee or grantees, by force of this act, and shall be recorded in a book, to be kept for that purpose, in 25. |