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papers; and for gross misconduct he may refuse to recognise any person as a patent agent, either generally or in any particular case; but the reasons of the commissioner for such refusal shall be duly recorded, and be subject to the approval of the President of the United States.
Sec. 9. And be it further enacted, That no money paid as a fee on any application for a patent, after the passage of this act, shall be withdrawn or refunded, nor shall the fee paid on filing a caveat be considered as part of the sum required to be paid on filing a subsequent application for a patent for the same invention.
That the three months' notice given to any caveator, in pursuance of the requirements of the twelfth section of the act of July fourth, eighteen hundred and thirty-six, shall be computed from the day on which such notice is deposited in the post-office at Washington, with the regular time for the transmission of the same added thereto, which time shall be endorsed on the notice ; and that so much of the thirteenth section of the act of Congress, approved July fourth, eighteen hundred and thirtysix, as authorizes the annexing to letters patent of the description and specification of additional improvements, is hereby repealed; and in all cases where additional improvements would now be admissible, independent patents must be applied for.
Sec. 10. And be it further enacted, That 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and those of other countries, which shall not discriminate against the inhabitants of the United States, are hereby repealed, and in their stead the following rates are established:
On filing each caveat, ten dollars. On filing each original application for a patent, except for a design, fifteen dollars.
On issuing each original patent, twenty dollars.
On every appeal from the examiners-in-chief to the commissioner, twenty dollars.
On every application for the re-issue of a patent, thirty 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 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.
For copies of drawings, the reasonable cost of making the same. Sec. 11. And be it further enacted, That 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 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, an original design for a bust, statue or bass-relief, or composition in alto or basso relievo, or any new and original impression or ornament, or to be placed on any ar
ticle 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 application 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.
Sec. 12. And be it further enacted, That all applications for patents shall be completed and prepared for examination within two years after the filing of the petition, and in default thereof they shall be 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 expiration thereof, and notice of the day set for the hearing of the case shall be published, as now required by law, for at least sixty days.
Sec. 13. And be it further enacted, That 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 public that said article is so patented, either by fixing thereon the word patented, 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, 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 sixth 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 twenty-ninth day of August, eighteen hundred and forty-two, be, and the same is hereby repealed.
Sec. 14. And be it further enacted, That the commissioner of patents be, and he is hereby authorized to print, or in 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.
Sec. 15. And be it further enacted, That 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, shall be legal evidence of the contents of said letters patent in all cases.
Sec. 16. And be it further enacted, That all patents hereafter granted shall remain in force for the term of seventeen years from the date of issue; and all extensions of such patents is hereby prohibited.
Sec. 17. And be it further enacted, That all acts and parts of acts heretofore passed, which are inconsistent with the provisions of this act, be, and the same are hereby repealed.
EUROPEAN PATENTS. Many valuable inventions are yearly introduced into Europe from the United States, by parties ever on the alert to pick up whatever they can lay their hands upon which may seem useful. Models are not required in any European country, but the utmost care and experience are necessary in the preparation of each case. We
copy from “ The Scientific American.” Great Britain. From a synopsis of the patent laws, published in the Scientific American, it appears that patents for inventions, under the new law, as amended by the act of October 1, 1852, and now in operation, include the United Kingdom of Great Britain and Ireland in one grant, which confers the exclusive right to make, use, exercise or vend. This is conceded to the inventor or the introducer for a period of fourteen years, subject, after the patent is granted and the first expenses paid, to a government tax twice during its existence, once within three years, and once again within seven. The purchaser of a patent would assume the payment of these taxes.
There is no provision in the English law requiring that a patented invention shall be introduced into public use within any specified limit
. Under the patent act of October, 1852, the British government relinquished its right to grant patents for any of its colonies, each colony being permitted to regulate its own patent system. If a patent has been previously taken out in a foreign country, the British patent will expire with it.
France.-Patents in France are granted for a term of fifteen years, unless the invention has been previously secured by patent in some other country; in such case it must take date with and expire with the previous patent. After the patent is issued the French government requires the payment of a small tax each year, so long as the patent is kept alive, and two years' time is given to put the invention patented into practice.
It should be borne in mind, that, although the French law does not require that the applicant should make oath to his papers, yet if a patent
should be obtained by any other person than the inventor, upon proof being adduced to this effect before the proper tribunal, the patent would be declared illegal.
Belgium.- Patents in Belgium are granted for twenty years, or, if previously patented in another country, they expire with the date thereof. The working of the invention must take place within one year from date of patent, but an extension for an additional year may be obtained on application to the proper authorities. Inventors are only legally entitled to take out patents.
The Netherlands.—Patents are granted by the Royal Institute of the Netherlands to natives or foreigners, represented by a resident subject, which extend to a period of about two years, within which time the invention must be brought into use, and, upon payment of an additional tax, a patent will be granted to complete its whole term of fifteen years. Unless these conditions are complied with the patent ceases.
Prussia.-Applications for patents in Prussia are examined by the Royal Polytechnic Commission; and unless there is novelty in the invention the applicant's petitiðn will be denied ; and if it is granted, the invention must be worked within six months afterward. A respite, however, of six additional months may be obtained, if good and sufficient reasons for it can be shown.
Austria.—Austrian patents are granted for a term of fifteen years, upon the payment of one thousand florins, or about five hundred dollars in American currency. This sum, however, is not all required to be paid in advance. It is usual to pay the tax for the first five years upon the deposit of the papers, and the patent must be worked within its first year. The Emperor can extend the patent and privilege of working by special grant. In order to obtain a patent in Austria, an authenticated copy of the original letters patent must be produced.
Spain.—The duration of a Spanish patent of importation is five years, and can be prolonged to ten years; and the invention is to be worked within one year and one day. To obtain a Cuban patent requires a special application and an extra charge.
Russia.—Since the close of the Crimean war considerable attention has been given to Russian patents by Americans. Russia is a country rich in mineral and agricultural products, and there seems to be a field open for certain kinds of improvements. The present Emperor is very liberally disposed towards inventors, and, as an evidence of the interest which he takes in the progress of mechanic arts, we may state that we have had visits from two distinguished Russian savans, specially sent out by the Emperor to examine American inventions. As Russian patents are expensive and somewhat difficult to obtain, we do not take it upon ourselves to advise applications; inventors must judge for themselves; and this remark applies not only to Russia, but also to all other foreign countries.
Canada.—Patents of invention are granted only to actual residents of Canada and British subjects. Under the general patent law of Canada, an American cannot procure a patent for his invention there. The only way in which he can do so is by virtue of a special act of Parliament, which is very difficult, uncertain and expensive to obtain. Several zealous friends of reform in Canada are working earnestly to bring about a reciprocal law, but their efforts have thus far proved fruitless.
British India. The date of the law, February 28, 1856; duration of a patent, fourteen years. Invention must be worked within two years from date of petition. Privilege granted only to the original inventor or his authorized agent in India.
Saxony.—Duration of patent, from five to ten years. Invention must be worked within one year from date of grant. Careful examination made before granting a patent.
Hanover. - Duration of patent, ten years; and in case of foreign patent having been previously obtained, an authenticated copy of said patent must be produced. Invention must be worked within six months from date of grant.
Sardinia.—Duration of patent, from one to fifteen years. Patents for five years or less must be worked within one year, and all others within
Norway and Sweden.—Duration of patent, three years at least, fifteen at most, according to the nature and importance of the invention. Patents for foreign inventions not to exceed the term granted abroad, and to be worked within one, two or four years.
Australia.—Date of law, March 31, 1854. Careful examination made by competent persons previous to issue of patent, which, when granted, extends to fourteen years. Imported inventions are valid according to duration of foreign patent. It would require from twelve to eighteen months to procure a patent from the Australian government.
QUICKSILVER. The quantities of quicksilver exported from San Francisco during the first half of each of the last five years, and the market rate at the close of each period, were as follow :
First six months of 1857,....
11,938 flasks, Value per lb., June 30th, 65 cents.
13,452 1859,.. 581
$1 1861,.. 14,797
40 cents. It appears, from the data of the present year, that quicksilver is resuming the importance which it had attained prior to the suspension of the New-Almaden mine. The full operation of those extensive works, and the important progress constantly making in others, swell the export of this year to larger dimensions than ever, and have produced a corresponding reduction of its current value for that purpose. A much larger quantity can be produced, and a large increase in the export may be looked for.
COCOA NUT OIL. The production of cocoanut oil on islands in the Pacific is increasing. On June 11th the Hawaiian schooner Marilda arrived at Honolulu in twelve days from Fanning's Island, bringing 12,000 gallons of cocoanut oil. She reported every thing at the island prospering. On her return she was to take the new oil-press constructed by Mr. Hughes, at the Honolulu foundry, which will enable the proprietors to double the sent manufacture of oil, at a much reduced cost of labor.