Page:United States Statutes at Large Volume 16.djvu/236

 202 FORTY~FIRST CONGRESS. Sess. II. Ch. 230. 1870. re resentation b model, the applicant, if required by the commissioner, shlill furnish on! of convsnient size "to exhib1t advantageously the several isti n or iscove . Oath or appli- Pag;¢(f?l10. lllfidnbefiz further angered, That the applicant shall make oath cant; or aflirmation that he does verily believe himself to be the original. and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and hmm whom does not believe that the same was ever before known or used ; and shall maybe adminis- state of what country he is accitizen. And sa1d oath or aiiirmahon may °°'°d· be made before any person withm the United States authorized bylaw to administer oaths, or, when the applicant resales ID a foreign country, hefore any minister, chargé d’aH'aires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the foreign country in which the applicant may be. U on ming Sec. 31. And be it further enacted, That on the tiling of any snch apapplication and plication and the payment of the duty required by law, the commissioner ` P°Y”‘°”“ °f. shall cause an examination to be made of the alleged new invention or 9ig;y{0e§:nQ,l;3Q_ discovery; and if on such examination it shall appear that the claimant is Patent tois- justly entitled to a patent under the law, and that the same is sufficiently ““°· lll &°‘ useful and important, the commissioner shall issue a patent therefor. Appmmons Sec. 32. And be zz further enacted, That all applications for patents to be completed shall be completed and prepared for examination with1n two_ years alter “}lg‘l““"° ¥f‘"“ the filing of the petition, and in default thereof, or upon failure of the gr dggggiggggf applicant to prosecute the same within two years after any action therein, ¤¤d»¤¤l¤5¤» of which notice shall have been given to the applicant, they shall be rc- &°‘ garded as abandoned by the parties thereto, unless it be shown to the satisfaction of the commissioner that such delay was unavoidable. patent, may Sec. 33. And be it further enacted, That patentsmay be granted and be 9¤‘*}¤¤<=· issued or reissued to the assignee of the inventor or d1sc0verer,the assign- Buch mm, gs such case the application for the patent shall be made and the specificallmliilgdoldsz tion sworn to by the inventor or discoverer; and also, if he be living, in Pm: p_'588_] cose of on apphcation•for reissue. _ Exgcumr or Sec. 34. And be it further enacted, That when any person, having ¤<i¤¤i¤i¤¤‘M¤r made any new invention or discovery for which a patent might have been intrust fortho obtaining the patent shall devolve on his executor or administrator, in Min °*` d*"’lS°°”· trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will, disposing of the same, then in trust for his devisces, in as full manner and on the same terms and conditions onthemuch as the same might have been claimed or enjoyed by him in his lifetime ; °¤¤¤¤· and when the application shall be made by such legal representatives, the oath or ailirméntion required to be made shall be so varied in form t at it can be ma e by them. If mm M is SEO: 35. and beyit further enacted, That any person who has an in- ,,0, paid wm,;,, terest in an invention or discovery, whether as inventor, discoverer, or vi! m¤¤¢h¤ From assignee, for which a. patent was ordered to issue upon the payment of £f‘;r‘f;l:,(l"Qf]‘Q,’QG the final fee, but who has failed to make payment thereof within six invonticn,&c. months from the time at which it was passed and allowed, and notice g;*gn=P‘gl{’h€g' thereof was sent to the applicant or his agent, shall have a right to make two yours nom, an application for a patent for such invention or discovery the same as in Sec. the case of an original application: Provided, That the second application ll') ‘l'“““§?’ be made within two ears after th ll f th` l l' t' for mtermot into )’ 0 a owancc 0 B OY1g1I1H app ICB. 1011. W, But no person shall be held responsible in damages for the manufacture l£:\ xj;f¤¤1>— or use of any article or thing for which a patent, las aforesaid, was giggled 0,. wml_ ordered to issne, prior to the issue thereof: And provtded further, That wn, prior, &c. when an application for a patent has been rejected or withdrawn, prior to
 * °;‘;`$f;:’£‘“ in ment thereof being iirst entered of record in the patent office; but in
 * °’;f"$l:;'Q_‘"8l"Qf granted, dies before a patent is granted, the right of applying for and
 * §£l$’·2;cf":g_ the passage of this act, the- applicant shall have six months from the date

P;;c,mQ,,,_ of such passage to renew his application, or to file a new one; and if.` he