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dent or inadvertence, and without any wilful default or intent to de- for so much as is fraud or mislead the public, any patentee shall have in his specification, origi claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid, for so much of the invention or discovery as shall be truly and bona fide his own: Provided, It shall be a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed, without right as aforesaid. And every such patentee, his ex- Actions for inecutors, administrators and assigns, whether of a whole or of a sectional fringements. interest therein, shall be entitled to maintain a suit at law or in equity on such patent for any such infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But in every such case in which a judgment or verdict shall No costs unless be rendered for the plaintiff, he shall not be entitled to recover costs as
entitled to ro
o t disclaimer filed. against the defendant, unless he shall have entered at the patent office prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right: Provided, however, That no person bringing any such suit shall be entitled to the benefits Delay in filing of the provisions contained in this section, who shall have unreasonably disclaimer, to bar. neglected or delayed to enter at the patent office a disclaimer as aforesaid.
SEC. 22. And be it further enacted, That in all cases in which an Wben affirmation oath is required by this act, if the person of whom it is required shall 7.
whom it is powrod aboli may be taken in
stead of oath. be conscientiously scrupulous of taking an oath, affirmation may be substituted therefor.
SEC. 23. And be it further enacted, That all moneys paid into the Patent fund ap- . treasury of the Confederate States for patents, and for fees for copies propriat
no propriated for payfurnished by the commissioner shall be carried to the credit of the of the patent office.
ment of expenses patent fund created by this act; and the moneys constituting said fund shall be and the same are hereby appropriated for the payment of the salaries of the officers and clerks provided by this act, and all other expenses of the patent office, including all the expenditures provided for by this act; and also for such other purposes as are or may be hereafter specially provided for by law. And the commissioner is hereby authorized to draw upon such fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act, governed, however, by the several limitations herein contained. And it shall be his Commissioner to duty to lay before Congress, in the month of January, annually, a list make annual report of all patents which shall have been granted during the preceding year,
to Congress. designating under proper heads the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property during the same period, together with such other information of the state of the patent office as may be useful to Congress or to the public.
Sec. 24. And be it further enacted, That the commissioner be author- Temporary clerks. ised to employ temporary clerks to do any necessary transcribing, whenever the current business of the office requires it: Provided, however, Compensation. That instead of salary a compensation shall be allowed, at a rate not greater than is charged for copies now furnished by the office.
Sec. 25. And be it further enacted, That the commissioner is hereby List of patenta authorized to publish a classified and alphabetical list of all patents to be published. granted by the patent office previous to said publication, and retain one hundred copies for the patent office and five hundred copies to be de
posited in the library of Congress, for such distribution as may hereafter be directed; and that one thousand dollars, if necessary, be appropriated
out of the patent fund, to defray the expenses of the same. Appropriation for Sec. 26. And be it further enacted, That the sum of five hundred the library of the dollars be appropriated from the patent fund, to be expended under the patent office.
direction of the commissioner, for the purchase of necessary books for
the library of the patent office. Applications by Sec. 27. And be it further enacted, That all applications by aliens to · ali ns for patents. obtain patents for inventions which have already been patented in foreign
countries, shall be made within six months from the date of such foreign letters patent. Nor shall letters patent be granted to any alien whose
government is at war with the Confederate States. Inventors may Sec. 28. And be it further enacted, That every person or corporation dispose of right to who has, or shall have purchased or constructed any newly invented uso machines, &c., machine, manufacture or composition of matter, prior to the application prior to applicetion,
* by the inventor or discoverer for a patent, shall be held to possess the
right to use and vend to others to be used, the specific machine, manufacture or composition of matter so made or purchased, without liability therefor to the inventor, or any other person interested in such invention; and no patent shall be held to be invalid by reason of such pur
chase, sale or use, prior to the application for a patent as aforesaid, exduring period of cept on proof of abandonment of such invention to the public, or that two years. such purchase, sale or prior use has been for more than two years prior to
such application for a patent. Remedy in case Sec. 29. And be it further enacted, That the provisions of the fourof intorference ex- teenth section of this act shall extend to all cases where patents are refused tended to all cases for any reason whatever eit where patents are
8 for any reason whatever, either by the cominissioner of patents or by the refused.
Attorney General, upon appeals from the decision of said commissioner, as well as where the same shall have been refused on account of, or by reason of, interference with a previously existing patent; and in all cases where there is no opposing party, a copy of the bill shall be served upon the commissioner of patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision
shall be in his favor or otherwise. Pees paid by mis- Sec. 30. And be it further enacted, That the Treasurer of the Contake may be repaid federate States be and he hereby is authorized to pay back, out of the out of the patent patent fund. any sum or s fund.
patent fund, any sum or sums of money to any person who shall have paid the same into the treasury, or to any receiver or depositary to the credit of the treasurer, as for fees accruing at the patent office through mistake, and which are not provided to be paid by existing laws, certificate thereof being made to the said treasurer by the commissioner of
patents. How oath to be SEC. 31. And be it further enacted, That the oath required for appliadministered cants for patents may be taken, when the applicant is not for the time abroad.
being residing in the Confederate States, before any minister plenipotentiary, charge d'affaires, consul, or commercial agent holding commission under the government of the Confederate States, or before any notary public of the foreign country in which such applicant may be : Provided, Such foreign state shall have recognized the independence of
the Confederate States, and shall be at the time in amity with them. To whcm pay- Sec. 32. And be it further enacted, That all patentees wishing to ments for
tents make payments for patents to be issued, may pay all such moneys to the to be made.
treasurer of the Confederate States, or to the treasurer of either of the mints within the Confederate States, or to such other depositary as shall be designated by the Secretary of the Treasury or commissioner of patents, in other parts of the Confederate States, to receive such payments and give receipts or certificates of deposit therefor. :
SEC. 33. And be it further enacted, That from all judgments and de- Writ of error or crees of any district court rendered in any action, suit, controversy, or appeal to the fu
une Court. case at law or in equity, arising under any law of the Confederate States Pro granting or confirming to inventors, and discoverers the exclusive right to their inventions or discoveries,a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the supreme court of the Confederate States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such district courts, without regard to the sum or value in controversy in the action.
Commissioner to Sec. 31. And be it further enacted, That the commissioner of patents prescribe rules for may establish rules for taking affidavits and depositions required in cases takine evidence. pending in the patent office, and such affidavits and depositions may be Before whom to taken before any justice of the peace or other officer authorized by law be taken. to take depositions to be used in the courts of the Confederate 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 any clerk of any court of the Confederate States for any district or territory, and he is hereby required, upon the application of any party Subpanas for to such contested case, or the agent or attorney of such party, to issue witnesace. 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 subpena, Failure of wit. shall refuse or neglect to appear, or after appearing shall refuse to testify, Der to attend, or (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 Confederate States may do in case of disobe. dience to process of subpoena ad tertificandum issued by such court; and Compensation. witnesses in such cases shall be allowed the same compensation as is allowed to witnesses attending the courts of the Confederate States : When pot reProvided, That no witness shall be required to attend at any place more quired to attend. than forty miles from the place where the subpoena shall be served upon When Bot deem him, to give a deposition under this law: Prorided, also, That no wit- el guity of conness shall be deemed guilty of contempt for refusing to disclose any empt. secret invention made or owned by him : And prorided, further, That no witness shall be deemed guilty of contempt for disobeying any subpoena
directed to him by virtue of this act, unless his fees for going to return. ing from, and one day's attendance at the place of examination shall be paid or tendered to him at the time of the service of the subpoena.
Sec. 35. And be it further enructed, That po appeal shall be allowed Appral frere deto the Attorney General from the decisions of the examiners, except in eis
the examiners except in eision of the el.
anisere. interference cases, until after the application shall have been twice rejected: and the second examination of the application by the primary and examiexaminer shall not be had until tbe applieant, in view of the references pation. given on the first rejection, shall have renewed the oath of invention as provided for in this act.
Sec. 35. And be it further enacted, That the salary of the commis- Balanes of con. Doner of patents, fron and after the passage of this art, shall be three mise ener, clerks thrusand dullars per anaum: that of the chief eierk eighteen hundred dudlars per assum; that of each examiner of patents two thousand dollars per annum; and that of each regularly employed record or other clerk, one thousand dollars per annuna. Szc. 37. And be it further enacted, That the commissioner of patenta
ents not to
When inodels is authorized to restore to the respective applicants, or when not removed bo resiured. by them, to otherwise dispose of such of the models belonging to re
jected applications as he shall not think necessary to be preserved. The
same authority is also given in relation to all models acompanying When dispensed applications for designs and inventions. He is further authorized to with.
dispense with models of designs, when the design and invention can be
sufficiently represented by a drawing. Printing of pa- . Sec. 38. And be it further enacted, That the commissioner may
require all papers filed in the patent office, if not correctiy, legibly and
clearly written, to be printed at the cost of the parties filing such papers; Misconduct ofand for gross misconduct he may refuse to recognize any person as a patent agont. patent agent, either generally or in any particular case ; but the reasons
of the commissioner for such refusal shall be duly recorded, and subject
to the approval of the President of the Confederate Staies. Foos paid on ap- Sec. 39 And be it further enacted, I hat no money paid as a fee on plication for pat any application for a patent after the passage of this act shall le with
to co r drawn or refunded, nor shall the fee paid on filing a caveat be considered funded.
Fee pid on fi ing as part of the sum required to be paid on filing a subsequent application * caveat, how 00- for a patent for the same invention. That the three months' notice widered. Prm whit
what da, given to any cave.itor, in pursuance of the requirements of the eleventh the notice r quire'' section of this act, shall be computed from the day on which such Dutice by the 11:b suo ion is deposited in the post-office at the seat of government of this Confedecomputed.
racy, with the regular time for transmission of the same added thereto,
which time shall be endorsed on the notice. Rates of foes. SEC. 40. And be it further enacted, That the following shall be the
rates of fees in all cases, respectively :
On filing a caveat, ten dollars.
On filing each original application for a patent, except for a design, twenty dollars.
On issuing each original patent, twenty dollars.
For recording patents, as provided for in section forty-nine, ten cents for every hundred words.
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 paper, over three hundred words, 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. Patents may be SEC. 41. And be it further enacted, That any person or persons who, Lasa-d for original by his, her or their own industry, genius, efforts and expense, may have desigcs,
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 bas-relief, or composition in basso or alto relievo, or any new or 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 upon 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, 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 Term of patent 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, twenty dollars.
Sec. 42. Anel be it further enacted, That all applications for patents When applican shall be completed and prepared for examination within two years after ii ds to be complethe filing of the petition, and in default thereof they shall be regarded te
When regarded as abandoned by the parties thereto, unless it be shown to the satisfac- as abandoned tion of the commissioner of patents that such delay wis unavoidable; and all applications now pending shall be treated as if filed after the passage of this act.
Sec. 43. And be it further enacted, That in all cases where an article on patented is made or yended by any person under the protection of letters patent, :ric es to be markit shall be the duty of such person to give suficient notice to the public ed. that suid article is so patented, either by fixing there in the worl patented, together wth the dry and yeir the pitent was grantel, or when, from the chiracter of the article patentel, that my be impracticable, by enveloping one or in re of the said articles and affix or a label to tho package, or otherwise attaching thereto a label, on which the notice, with the dite, is printed; on failure of which, in any suit for the in- On failure to fringement of letters patent by the party failing so to mark the article map the m podam.
a key recoverable the right to which is infring:) upon, no damage shall be recivered by
Yf rinfring, mert of the plaintiff, except on proof that the defendant was duly notified of the letters patetin exinfringement, anl continued, after such notice, to make or vend the o pt; eto. article patented.
Sec. It. And be it further enacted, That the commissioner of patents Commissioner 'n be and he is hereby authorized to print, or in his discretion to call-e to have printed de
hich script ons and be printe l. ten copies of the description and claims of all patents which
en ein of patents, muy here:after be granted, and ten copies of the drawings of the same, and dr wings of when drawings shall accompany the patent: Provided, The cost of the same.
1 Proviso. printing the text of said description and claims shall not exceed, exclus sive of stationery, the sum of two cents per hundred words for each of said copies, and the cost of the drawing shall not exceed finty cents per copy: one copy of the above number shall be printed on parchment, to be affixe i 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. 45. And be it further enacted. That printed copies of the letterg copies of let'ero patent of the Confederate States, with the real of the patent office patent to be evi.
deaceno affixed thereto, and certified and signed by the commissioner of patent, shall be le rilevidence of the contents of said letters patent in all cames.
Sec. 46. And bp it further enacted. That no discrimination shall be Discrimination made between the inhabitants of the Confederate States, and those of between person in
patent other countries which shall not discriminate against the inhabitants of
of office frem the Confederate States in regard to påftent office fees; and should ary country diseriminate against the Confederate States, the ratne fee shall be charged against the inhabitants of said country as are charged by it against the inhabitants of the Confederate States.
Sec. 47. And be it further enacted, That at the expiration of three Parther fees to years from the date of any patent hereafter to be issued, there shall be