1836. CHAP. 357. An ACT to promote the progress of useful arts, and to repeal all acts and parts of acts heretofore made for that purpose.

Patents to be ap

duties.

[SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, Commissioner of That there shall be established and attached to the Department pointed, and his of State, an office to be denominated the Patent Office; the chief officer of which shall be called the Commissioner 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, models, machines, and all other things belonging to said office. And said Commissioner 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.

Chief clerk.

and other officers.

SEC. 2. And be it further enacted, That 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; who, in all cases during the necessary absence of the Commissioner, or when the said principal office shall become vacant, 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, and shall perform the duties of Commissioner during Examining clerk such vacancy. And the said Commissioner may also, with like approval, appoint an examining clerk, at an annual salary of fifteen hundred dollars; 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 dollars. And said Commissioner, clerks, and every other person appointed and employed 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.

Officers to make eath, &c.

SEC. 3. And be it further enacted, That 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 bond 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.

vided.

1836.

SEC. 4. And be it further enacted, That the said Commis- A seal to be prosioner 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 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 drawing, 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.

Patents to be sign

by the Commis

SEC. 5. And be it further enacted, That all patents issuinged by the Secreta from said office shall be issued in the name of the United States, ry of State, and and under the seal of said office, and be signed by the Secretary of sioner. State, and countersigned by the Commissioner of the said office, 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, 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.

made.

SEC. 6. And be it further enacted, That any person or persons Applications, how having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others befor his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; and shall desire to obtain an exclusive property therein, 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. But before any inventor shall receive a patent specification. for any such new invention or discovery, he shall deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using, and compounding the same, in such full, clear, and exact terms, avoiding unneces

1836.

Drawings, &e.

sary prolixity, as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in 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; and shall particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery. He shall, furthermore, accompany the whole with a drawing, or drawings, and written references, where the nature of the case admits of drawings, or with specimens of ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter; which descriptions and drawings, signed by the inventor and attested by two witnesses, shall be filed in the Patent Office; and he shall moreover furnish a model of his invention, in all cases which admit. of a representation by model, of a convenient size to exhibit advantageously its several parts. The applicant shall also make Cath or affirma- Oath or affirmation that he does verily believe that he is the

Models.

tion.

Examination

of

invention to be

ehould it not be deemed new.

original and first inventor or discoverer of the art, machine, composition, or improvement, for which he solicits a patent, and that he does not know or believe that the same was ever before known or used; and also of what country he is a citizen; which oath or affirmation may be made before any person authorized by law to administer oaths.

SEC. 7. And be it further enacted, That, on the filing of any made, and pro- such application, description, and specification, and the payment ceedings thereon, of the duty hereinafter provided, the Commissioner shall make or cause to be made, an examination of the alleged new invention or discovery; and if, on any such examination, it shall not appear to the Commissioner that the same had been invented or discovered by any other person in this country prior to the alleged invention or discovery thereof by the applicant, or that it had been patented or described in any printed publication in this or any foreign country, or had been in public use or on sale with the applicant's consent or allowance prior to the application, if the Commissioner shall deem it to be sufficiently useful and important, it shall be his duty to issue a patent therefor. But whenever, on such examination, it shall appear to the Commissioner that the applicant was not the original and first inventor or discoverer thereof, or that any part of that which is claimed as new had before been invented or discovered, or patented, or described in any printed publication in this or any foreign country, as aforesaid, or that the description is defective and insufficient, he shall notify the applicant thereof, giving him, briefly, such information and references as may be useful in judging of the propriety of renewing his application, or of altering his specification to embrace only that part of the invention or discovery which is new. In every such case, if the applicant shall elect to withdraw his application, relinquishing his claim to the model, he shall be entitled to receive back twenty

1836.

dollars, part of the duty required by this act, on filing a notice
in writing of such election in the Patent Office, a copy of which,
certified by the Commissioner, shall be a sufficient warrant to
the Treasurer for paying back to the said applicant the said sum
of twenty dollars. But if the applicant in such case shall per-
sist in his claim for a patent, with or without any alteration of
his specification, he shall be required to make oath or affirmation
anew, in manner as aforesaid. And if the specification and claim
shall not have been so modified as, in the opinion of the Commis-
sioner, shall entitle the applicant to a patent, he may, on appeal,
and upon request in writing, have the decision of a board of ex-
aminers, to be composed of three disinterested persons, who shall
be appointed for that purpose by the Secretary of State, one of
whom at least, to be selected, if practicable and convenient, for
his knowledge and skill in the particular art, manufacture, or
branch of science to which the alleged invention appertains; who
shall be under oath or affirmation for the faithful and impartial
performance of the duty imposed upon them by said appoint-
ment. Said board shall be furnished with a certificate in writ-
ing, of the opinion and decision of the Commissioner, stating the
particular grounds of his objection, and the part or parts of the
invention which he considers as not entitled to be patented. And
the said board shall give reasonable notice to the applicant, as
well as to the Commissioner, of the time and place of their meet-
ing, that they may have an opportunity of furnishing them with
such facts and evidence as they may deem necessary to a just
decision; and it shall be the duty of the Commissioner to furnish
to the board of examiners such information as he may possess
relative to the matter under their consideration. And on an ex-
amination and consideration of the matter by such board, it shall
be in their power, or of a majority of them, to reverse the deci-
sion of the Commissioner, either in whole or in part, and their
opinion being certified to the Commissioner, he shall be governed
thereby, in the further proceedings to be had on such applica-
tion: Provided, however, That before a board shall be instituted Proviso.
in any such case, the applicant shall pay to the credit of the
Treasury, as provided in the ninth section of this act, the sum of
twenty-five dollars, and each of said persons so appointed shall-
be entitled to receive for his services in each case, a sum not ex-
ceeding ten dollars, to be determined and paid by the Commis-
sioner out of any moneys in his hands, which shall be in full
compensation to the persons who may be so appointed, for their
examination and certificate as aforesaid.

cations.

SEC. S. And be it further enacted, That whenever an ap- Interfering appliplication shall be made for a patent which, in the opinion of the Commissioner, would interfere with any other patent for which an application may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of the Commissioner to give notice thereof to such applicants, or patentees, as the case may be; and if either shall be dissatisfied with the decision of the Commissioner on the question of priority of right or invention, on a hearing thereof, he may appeal from such de

1836. cision, on the like terms and conditions as are provided in the preceding section of this act; and the like proceedings shall be had, to determine which or whether either of the applicants is entitled to receive a patent as prayed for. But nothing in this act contained shall be construed to deprive an original and true inventor of the right to a patent for his invention, by reason of his having previously taken out letters patent therefor in a foreign country, and the same having been published, at any time within six months next preceding the filing of his specification and drawing. And whenever the applicant shall request it, the patent shall take date from the time of the filing of the specification and drawings, not however exceeding six months prior to the actual issuing of the patent; and on like request, and the payment of the duty herein required, by any applicant, his specification and drawings shall be filed in the secret archives of the office until he shall furnish the model and the patent be issued, not exceed ing the term of one year, the applicant being entitled to notice of interfering applications.

Thirty dollars to be paid to the

enzen, or, &c.

SEC. 9. And be it further enacted, That before any applicacredit of the U. B. tion for a patent shall be considered by the commissioner as Treasurer, by a aforesaid, the applicant shall pay into the Treasury of the United States, or into the Patent Office, or into any of the deposite banks to the credit of the Treasury, if he be a citizen of the United States, or an alien, and shall have been resident in the United States for one year next preceding, and shall have made oath of his intention to become a citizen thereof, the sum of thirty dollars; if a subject of the King of Great Britain, the sum of five lars by a subject hundred dollars; and all other persons the sum of three hunand three hundred dollars; for which payment duplicate receipts shall be taken, dred by other per- one of which to be filed in the office of the Treasurer. And the

Five hundred dol

Inventors dying without taking a

&C.

moneys received into the Treasury under this act, shall constitute a fund for the payment of the salaries of the officers and and clerks herein provided for, and all other expenses of the Patent Office, and to be called the patent fund.

SEC. 10. And be it further enacted, That where any person patent their exe hath made, or shall have made, any new invention, discovery, or cutors, &c. may; improvement, on account of which a patent might by virtue of this act be granted, and such person shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent shall devolve on the executor or administrator of such person, in trust for the heirs at law of the deceased, in case 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 lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation provided in the sixth section of this act, shall be so varied as to be appli

Assignment of a

atent and record hereof.

cable to them.

SEC. 11. And be it further enacted, That every patent shall be assignable in law, either as to the whole interest, or any undivided part thereof, by any instrument in writing; which assign