Scientific American magazine, Vol. 2 Issue 1 / The advocate of Industry and Journal of Scientific, / Mechanical and Other Improvements

by Various

Sec. 3. The term for which a patent is granted, is fourteen years; but it may, under certain circumstances, be renewed for seven years, as hereinafter mentioned.

Sec. 4. Patents are granted to citizens of the United States, to aliens who shall have been resident in the United States one year preceding, and shall have made oath of their intention to become citizens thereof, and also to foreigners who are inventors or discoverers.

Sec. 5. A patent may be taken out by the inventor in a foreign country, without affecting his right to a patent in the United States, provided the invention has not been introduced into public and common use in the United States prior to the application for such patent. In every such case the patent is limited to fourteen years from the date of the foreign letter patent. A patent is not granted upon introduction of a new invention from a foreign country, unless the person who introduced it be the inventor or discoverer. If an alien neglects to put and continue on sale the invention in the United States, to the public, on reasonable terms, for eighteen months, the patentee Uses all benefit of the patent.

Sec. 6. Joint inventors are entitled to a joint patent, but neither can claim one separately.

Sec. 7. An invention can assign his right before a patent is obtained, so as to enable the assignee to take out a patent in his own name; but the assignment must be first entered on record; and the application therefor must be duly made, and the specification signed, and sworn to by the inventor. And in the case of an assignment by a foreigner, the same fee will be required as if the patent issued to the inventor.

Sec. 8. The assignment of a patent may be to the whole or to an undivided part, "by any instrument in writing." All assignments, and also the grant or conveyance of the use of the patent in any town, comity, State, or specified district, must be recorded in the Patent Office, within three months from date of the same.--But assignments, if recorded after three months have expired, will be on record as notice to protect against subsequent purchases. No fee is now charged for recording assignments. Patents, grants, and assignments, recorded prior to the 15th of December, 1836, must be recorded anew before they can be valid as evidence of any title. This is also free of expense.

Sec. 9. In case of the decease of an inventor, before he had obtained a patent for his invention, "the right of applying for and obtaining such patent shall devolve on the administrator or executor of such person, in trust for the heirs of law of the deceased, if he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed, by such person in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation shall be so varied as to be applicable to them."--Act of 1836, sec. 10.

Sec. 10. The Patent Office will be open for examination during office hours, and applicants can personally, or by attorney, satisfy themselves on inspection of models and specifications, of the expediency of filing an application for a patent.

Sec. 11. All fees received are paid into the Treasury, and the law has required the payment of the patent fee before the application is considered; two-thirds of which fee is refunded on withdrawing the application. But no money is refunded on the withdrawal of an application, after an appeal has been taken from the decision of the Commissioner of Patents. And no part of the fee paid for caveats, and on applications for the addition of improvements re-issues, and appeals, can be withdrawn.

Sec. 12. It is a frequent practice for inventors to send a description of their inventions to the office, and inquire whether there exists any thing like it, and whether a patent can be had therefor. As the law does not provide for the examination of descriptions of new inventions, except upon application for a Patent, no answer can be given to such inquiries.