SEC. 3. And be it further enacted, That any citizen or Citizens, &c., may citizens, or alien or aliens, having resided one year in the obtain a United States, and taken the oath of his or their intention patent; how. to become a citizen or citizens, who, by his, her, or their own industry, genius, efforts, and expense, may have invented or produced any new and original design for a manufacture, whether of metal, or other material or materials, or any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new and 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 proceeding had, may grant a patent therefor, as in the case now of application for a patent: Provided, Proviso. That the fee in such cases, which, by the now existing laws, would be required of the particular applicant, shall be one half the sum, and that the duration of said patent shall be seven years, and that all the regulations and provisions which now apply to the obtaining or protection of patents, not inconsistent with the provisions of this act, shall apply to applications under this section. be taken SEC. 4. And be it further enacted, That the oath re- Oath may quired for applicants for patents, may be taken, when the before U. applicant is not, for the time being, residing in the United S. ministers, &c. States, before any minister, plenipotentiary, chargé d'affaires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the foreign country in which such applicant may be. Penalty for SEC. 5. And be it further enacted, That, if any person infringing the rights or persons shall paint or print, or mould, cast, carve, or of a patentee, &c., by engrave, or stamp, upon any thing made, used, or sold by marking. him, for the sole making or selling which he hath not, or shall not have obtained letters-patent, the name, or any imitation of the name, of any other person who hath or shall have obtained letters-patent for the sole making and vending of such thing, without consent of such patentee, or his assigns or legal representatives; or if any person, upon any such thing not having been purchased from the patentee, or some person who purchased it from or under such patentee, or not having the license or consent of such patentee, or his assigns or legal representatives, shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise make or affix the word "patent," or the words "letters-patent," or the word "patentee," or any word or words of like kind, meaning, or import, with the view or intent of imitating or counterfeiting the stamp, mark, or other device of the patentee, or shall affix the same, or any word, stamp, or device of like import, on any unpatented article, for the purpose of deceiving the public, he, she, or they, so offending, shall be liable, for such offence, to a penalty of not less than one hundred dollars, with costs, to How reco- be recovered, by action, in any of the Circuit Courts of the United States, or in any of the District Courts of the United States, having the powers and jurisdiction of a Circuit Court; one half of which penalty, as recovered, shall be paid to the Patent Fund, and the other half to any person or persons who shall sue for the same. verable, &c. articles offered for sale. Patentees, SEC. 6. And be it further enacted, That all patentees and &c., required to mark assignees of patents hereafter granted, are hereby required to stamp, engrave, or cause to be stamped or engraved, on each article vended or offered for sale, the date of the Penalty for patent; and if any person or persons, patentees or asneglect. signees, shall neglect to do so, he, she, or they shall be liable to the same penalty, to be recovered and disposed of in the manner specified in the foregoing fifth section of this act. Approved August 29, 1842. CHAP. XLVII.- AN ACT to provide additional examiners in the 1848. 357. Addi the Patent SECTION 1. Be it enacted by the Senate and House of May 28, Representatives of the United States of America, in Congress assembled, That there shall be appointed, in the manner provided in the second section of the act 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 fourth, eighteen hundred and thirty-six, two 1836, ch. principal examiners, and two assistant examiners, in addi- tional exation to the number of examiners now employed in the miners in Patent Office; and that, hereafter, each of the principal Office. examiners employed in the Patent Office shall receive an annual salary of twenty-five hundred dollars, and each of Salaries. the assistant examiners an annual salary of fifteen hundred dollars: Provided, That the power to extend patents, now Extension of patents vested in the board composed of the Secretary of State, Commissioner of Patents, and Solicitor of the Treasury, by the eighteenth section of the act approved July fourth, eighteen hundred and thirty-six, respecting the Patent Office, shall hereafter be vested solely in the Commissioner of Patents; and, when an application is made to him for the extension of a patent, according to said eighteenth section, and sixty days' notice given thereof, he shall refer the case to the principal examiner having charge of the class of inventions to which said case belongs, who shall make a full report to said Commissioner of the said case, and particularly whether the invention or improvement secured in the patent was new and patentable when patented; and, thereupon, the said Commissioner shall grant or refuse the extension of said patent, upon the same principles and rules that have governed said board; but no patent shall be extended for a longer term than seven years. SEC. 2. And be it further enacted, That, hereafter, the Fee for recording Commissioner of Patents shall require a fee of one dollar, conveyfor recording any assignment, grant, or conveyance of the ances of whole or any part of the interest in letters-patent, or power patents. Two copying and recording clerks au thorized. Franking privilege of Commissioner of Patents. of attorney, or license to make or use the things patented, when such instrument shall not exceed three hundred words; the sum of two dollars, when it shall exceed three hundred, and shall not exceed one thousand words; and the sum of three dollars, when it shall exceed one thousand words; which fees shall, in all cases, be paid in advance. SEC. 3. And be it further enacted, That 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 be paid a salary of one thousand two hundred dollars per annum. SEC. 4. And be it further enacted, That 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 send letters and packages relating to the business of the Patent Office. Approved May 27, 1848. INDEX. N. B. The references in this index are to the sections, unless otherwise indicated by A. ABANDONMENT OF EXPERIMENTS. (See EXPERIMENTS.) may lead to invention or discovery ACCOUNT OF PROFITS, when ordered in lieu of granting an injunction upon what principle granted extends to all the articles made 6, Ib. note. 346 346 348 |