Page:United States Statutes at Large Volume 44 Part 1.djvu/1182

§ 38 tion for patent, of the approaching expiration of the three- year period within which any application for patent shall have been pending. (R. 8. $ 4804; Mar: 3, 1897, c. 391, 4, 29 Stat. 693; July 6, 1916, c. 225, 1, 39 Stat, 348.).

38. Renewal of application in cases of failure to pay fees in season.—Any person who has an interest in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent was ordered to issue upon the payment of the final fee, but who falls to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent, shall have a right to make an application for a patent for such invention or discovery the same as in the case of an original application. But such second application must be made within two years after the allowance of the original application. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent was ordered to issue under such renewed application prior to the issue of the patent. And upon the hearing of renewed applications preferred under this section, abandonment shall be cosidered as a question of fact. (R. S. 4897.)

39. Patents, how issued, attested, and recorded.—All patents shall be issued in the name of the United States of America, under the seal of the latent Office, and shall either be signed. by the Commissioner of Patents or have his name printed thereon and attested by an Assistant Commissioner of Patents or by one of the law examiners duly designated by the commissioner, and shall be recorded, together with the specifications, in the Patent Office in books to be kept for that purpose. (R. S. 4883: Feb. 18, 1888, e. 15, 25 Stat. 40; Apr. 11, 1902, c. 417, 32 Stat. 95; Feb. 18, 1922, c. 58, 5, 42 Stat. 391.)

40. Same; contents and duration.—Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive right to make; use, and vend the invention or discovery throughout the United States, and the Territories thereof, referring to the specification for the particulars thereof.A copy of the specification and drawings shall be annexed to the patent and be a part thereof. (R. S. § 4884.).

41. Same; time of issue; payment of final fee; withholding patent.—Every patent shall issue within a period of three months from the date of the payment of the final fee, which fee shall be paid not later than six months from the time et which the application was, passed and allowed and notice thereof was sent to the applicant or his agent; and if the final fee is not paid within that period the patent shall be withheld (R. 8. 4885; May 23, 1908, c. 180, 35. Stat. 246.)

42. Same; publication of inventions during war; compensa tion for war-time use of invention tendered to the United States. Whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of Patents, be detrimental to the public safety or defense or might assist the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the war. The invention disclosed, in the application for said patent may be held abandoned upon it being established before or by the commissioner that in violation of said order said invention has been published or that an application for a patent therefor has been filed in a foreign country by the Inventor or his assigns or legal representatives, without the consent or approval of the Commissioner of Patents, or under a license of the Secretary of Commerce as provided by law.

When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the Commissioner of Patents above referred to shall tender his invention to the Government of the United States for its use, he shall, if and when he ultimately received a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from date of the use of the invention by the Government. (Oct: 6, 1917, c. 96, 40 Stat. 394.)

43. Same; representation of heads of departments requesting expedition of patents.—In every case where the head of any department of the Government shall request the Commissioner of Patents to expedite the consideration of an application for a patent it shall be the duty of such bead of a department to be represented before the commissioner in order to prevent the improper issue of a patent. (Mar. 3, 1897, c. 391, § 7, 29 Stat. 694.)

44. Same; issue to assignee.—Patents may be granted and issued or reissued to the assignee of the inventor or discoverer; but the assignment must first be entered of record in the Patent Office. And in all cases of an application by an assignee for the issue of a patent, the application shall be made and the specification sworn to by the inventor or discovered; and in all cases of an application for a reissue of any patent, the application must be made and the corrected specification signed by the inventor or discoverer, if he is living, unless the patent was issued and the assignment made before the 8th day of July, 1870. (R. S. § 4895.)

45. Same; issue to Government officers for inventions used in public service.—The Secretary of Commerce and the Commissioner of Patents are. authorized to grant any officer of the Government, except officers and employees of the Patent Office a patent for any invention of the classes mentioned in section 31 of this title, when such invention is used or to be used in the public service, without the payment of any fee. The applicant in his application shall state that the invention described therein, if patented, may be used by the Government or any of its officers or employees in the prosecution of work for the Government, or by any other person in the United States. without the payment to him of any royalty thereon, which stipulation shall be included in the patent. (Mar. 3, 1883, c. 143, 22 Stat. 625; Feb. 14, 1903, c. 552, § 12, 32 Stat. 830.)

46. Death or insanity of inventor or person making discovery.—When any person, having made any new invention or discovery for which a patent might have been granted, dies before a patent is granted the right of applying for and obtain- ing, the patent shall. devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he have died intestate; or if he shall have left a will of the same, then in trust for his devisees in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime; and when any person having made any new invention or discovery for which a patent might have been granted becomes insane before a patent is granted the right of applying for and obtaining the patent shall devolve on his legally appointed guardian, conservator, or representative in trust for his estate in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him while sane; and when the application is made by such legal representatives the oath or affirmation required to be made shall be so varied in form that it can be made by them. The executor or administrator duly authorized under the law of any foreign country to administer upon the estate of the deceased inventor shall. in case the said inventor was not domiciled in the United States at the time of his death, have the right to apply for and obtain the patent. The authority of such foreign executor or administrator shall be proved by certificate of a diplomatic or consular officer of the United States. (R. S. § 4896; Feb. 24, 1899, c. 227, 30 Stat. 915; Mar. 3, 1903, c. 1019, 3, 32 Stat. 1226; May 23, 1908, c. 188, 35 Stat. 245.)

47. Assignments of patents; evidence of execution.—Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or