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Prior knowledge

or use in for

357, 15, v. 5, p.

123.

5 McLean, 61.

6 McLean. 313.
1 Fish., 516.
1 Fish., 586.

may be pleaded in any suit in equity for relief against an alleged infringement; and proofs of the same may be given upon like notice in the answer of the defendant, and with the like effect.

62. Whenever it shall appear that the pateign country. entee, at the time of making his application 4 July, 1836, ch. for the patent, believed himself to be the original and first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof, having been known or used in a foreign country before his invention or discovery thereof, if it had not been patented or described in a printed publication.

Extension of pat

ent. Duty of

357, 18, v. 5, p.

124.

2

pp. 248, 249.

63. Where the patentee of any invention. applicant. or discovery, the patent for which was grant4 July, 1836, ch. ed prior to the second day of March, eighteen Mar., 1861, ch. hundred and sixty-one, shall desire an exten88, 12, 16, v. 12, sion of his patent beyond the original term of its limitation, he shall make application therefor, in writing, to the Commissioner, setting forth the reasons why such extension should be granted; and he shall also furnish a written statement under oath of the ascertained value of the invention or discovery, and of his receipts and expenditures on account thereof, sufficiently in detail to exhibit a true and faithful account of the loss and profit in any manner accruing to him by reason of said invention or discovery.

And said application shall be filed not more than six months nor less than ninety days before the expiration of the original term of the patent, and no extension shall be granted after the expiration of said original term.

tion to be pub

18, v. 5, p.

2 Mar., 1861, ch. 88,

218.

64. Upon the receipt of such application, Notice of applica and the payment of the duty required by lished. law, the Commissioner shall cause to be pub-4 July, 1836, ch. lished in one newspaper in the city of Wash- 12 ington, and in such other papers published 2 12, v. 12, p. in the section of the country most interested adversely to the extension of the patent as he may deem proper, for at least sixty days prior to the day set for hearing the case, a notice of such application, and of the time and place when and where the same will be considered, that any person may appear and show cause why the extension should not be granted.

red to exam

27 May, 1818, ch.

47, 1, v. 9, p. 231.

65. On the publication of such notice the Case to be referCommissioner shall refer the case to the iner. principal examiner having charge of the class of inventions to which it belongs, who shall make to said Commissioner a full report of the case, and particularly whether the invention or discovery was new and patentable when the original patent was granted.

granting exten

66. The Commissioner shall, at the time Hearing of case, and place designated in the published notice, sion. hear and decide upon the evidence produced, 357, 18, v. 6, p. both for and against the extension; and if it

4 July, 1836, ah.

124.

27 May, 1848, ch. 47, 21, v. 9, p. 231.

2 Fish., 499. 3 Fish., 536. 9 Wall,

Extension, how

far for the bene

shall appear to his satisfaction that the patentee, without neglect or fault on his part, has failed to obtain from the use and sale of his invention or discovery a reasonable remuneration for the time, ingenuity, and expense bestowed upon it, and the introduction of it into use, and that it is just and proper, having due regard to the public interest, that the term of the patent should be extended, the said Commissioner shall make a certificate thereon, renewing and extending the said patent for the term of seven years from the expiration of the first term, which certificate shall be recorded in the Patent Office, and thereupon the said patent shall have the same effect in law as though it had been originally granted for twenty-one years.

67. The benefit of the extension of a patfit of assignees, ent shall extend to the assignees and grantees of the right to use the thing patented to the extent of their interest therein.

4 July, 1836, ch.

357, 125.

18, v. 5, p.

4 How., 682.
4 McLean, 355.

Patent fees.

3 Fish., 9. 3 Fish., 410.

68. The following shall be the rates for

2 Mar., 1861, ch. patent fees:

88. 10, v. 12, p.

248.

27 June,

1866,

On filing each original application for a

ch. 143, 1, v. 14, 'patent, fifteen dollars.

p. 76.

On issuing each original patent, twenty dollars.

On filing each caveat, ten dollars. On every application for the reissue of a patent, thirty dollars.

On filing each disclaimer, ten dollars. On every application for the extension of a patent, fifty dollars.

On the granting of every extension of a patent, fifty dollars.

On an appeal for the first time from the primary examiners to the examiners-in-chief, ten dollars.

On every appeal from the examiners-inchief to the Commissioner, twenty dollars. For certified copies of patents and other papers, ten cents per hundred words.

For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; of over one thousand words, three dollars.

For copies of drawings, the reasonable cost of making them.

Patent fees, to whom paid; who to dis

burse money.

6 Aug., 1846, ch.

20 July, 1868, ch. 177, 7, v. 15, p.

3 Mar., 1869, ch.

69. Patent fees may be paid to the Commissioner, or to the Treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, na-90, 15, v. 9, p. 62. tional banks, or receivers of public money, designated by the Secretary of the Treasury 121, 1, v. 15, p. 293. for that purpose, who shall give the depositor a receipt or certificate of deposit therefor. And all money received at the Patent Office, for any purpose or from any source whatever, shall be paid into the Treasury as received, without any deduction whatever;

mistake.

29 Aug., 1842, ch.

and all disbursements for said office shall be made by the disbursing clerk of the Interior Department.

Money paid by 70. The Treasurer of the United States is authorized to pay back any sum or sums of 263, ¿ 1, v. 5, p. 543. 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, certificate thereof being made to said Treasurer by the Commissioner of Patents.

SEC.

III. Of Design Patents.

71. Designs may be patented.

72. Models of designs.

73. Term of design patents.

74. Extension of design patents.

29 Aug., 1842, ch.

543, 544.

88,211, v. 12, p. 248.

4 McLean, 180.

2 Fish., 583.

SEC.

75. Fees for design patents.
76. Other provisions to apply to
design patents.

Designs may be 71. Any person who, by his own industry, patented. genius, efforts, and expense, has invented or 263, 3, v. 5, pp. produced any new and original design for a 2 Mar., 1861, ch. manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for 1 Blatchf. 248. the printing of woolen, silk, cotton, or other fabrics; any new and original impression, ornament, pattern, print, or picture, to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configuration of any article of manufacture,

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