Sec. 4. There shall be no salaried Examiners of Patents, but each patentee may contract on any terms he may see fit with any Patent Agent or Examiner, to examine the Records of the Patent office, on the payment of ten dollars fee for the use of the books and privilege of the Patent Office, and no more fees than this first $10 shall be charged on any single patent, excepting five dollars each for every record of transfer of rights or parts of rights. Nor shall the fees be raised until it may be discovered that they will not support the expenses of the Patent Office. And it is provided, no expenses for the improvement of agriculture, or any purpose foreign to the business of the registry of Patents, and the necessary books and buildings, and salaries of the register, librarian and two clerks and door-keeper, shall be charged upon the Patent Fund.
Sec. 5. The Commissioner of Patents shall give advice of a scientific and legal character as he may be desired and qualified to do, to inventors. He may guaranty the originality of any invention at his own risk, at any price be may agree upon with any inventor to give certificates thereof, and this shall not interfere with his regular salary. But it is provided that the Commissioner shall not in any manner prevent others from examining and guarantying the originality of any invention for which a patent may be desired. And it is also provided that any Commissioner, Register, Clerk, Attorney, Examiner or Agent, who may give a guaranty or warrant of the novelty of any invention shall be held responsible in costs on any information to be filed by any party who may feel himself aggrieved, to rescind the patent which may not be an original invention of the claimant so guarantied.
Sec. 6. To rescind a patent, any party feeling himself aggrieved may file information in the District Court of the United States, of the district in which the patentee resides, notifying the patentee of such information filed, with what the former intends to prove, and where the patentee may discover the evidence relied upon by the informer, on which, the patentee may surrender his patent without costs should he so elect. But should the patentee determine to stand trial, he shall plead to such information within twenty days, denying the allegations of the informer, on which the trial shall proceed in its regular order on the calendar, and the patentee, if found wilfully and knowingly a monopolizer of the public rights, shall suffer costs and the reasonable expenses and counsel fee of the informer. And if such inventor shall make oath he has not been enabled to examine the proofs on which the informer relies to rescind his patent, he shall be allowed such further time as the court having jurisdiction may prescribe. And the court may make an order to the informer to exhibit fully his evidence of priority of invention, and no other evidence than has been exhibited to the inventor excepting rebutting, shall be introduced on the trial to rescind the patent.
Sec. 7. The Commissioner of Patents shall collect and keep in the Patent Office all the scientific works published and useful for references, and pay the expenses of the same from the patent fund. But the Commissioner shall not subscribe for more than three copies of any publication for the use of the office as aforesaid out of the Patent Fund.
Sec. 8. The application of any known machinery or matter of combination of machinery, or matter to new purposes or old purposes after a new method, or any means by which useful results are to be more advantageously produced than formerly, shall be the subject of a patent.
Sec. 9. A method, plan, design, or any new and useful idea, which can be defined, shall be the subject of a patent.
Sec. 10. A simple change of form shall not entitle any one to evade the patent of any inventor by a new patent.
The above are the principal improvements desired by inventors. Some think it not well to ask for all they want at once, but we think differently, for it will be said hereafter, when new amendments are desired, 'Gentlemen, you petitioned for the very provisions you now seek to have annulled. Your own committee was here at Washington assenting.' What answer will there be to this? None can be made without confusion of face for having over assented to a wrong.
We do not desire to censure the committee charged with the mission to Washington.—They have thought to act prudently and for the greatest good. We differ only on the real expediency of the case. We do not believe that such men as Benton, Calhoun, and other kindred spirits, ask or desire anything but what they think is right.
They will not sacrifice their reputation against a body of men to whom the Republic owe so much, and who have so long suffered in silence. The law as it now stands, is an improvement on the former law, and considering how low was the state of morals in former times respecting inventors, such sentiments as have been advanced by Judge Woodbury, and which are in spirit the same as the above, are destined ultimately to prevail. And those who choose to record their names in opposition are free to do so, as are also the tribe of persecutors who in all ages have stoned the prophets.