TO AMEND THE SEVERAL ACTS NOW IN FORCE IS RELATION TO THE PATENT OFFICE. Section I provides that the Commissioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent Office ; and such affidavits and depositions may he taken hefore the clerk of any court of record, or any officer authorized by law to take depositions to be used in the courts of the United States; and in any contested case pending in the Patent Office, it shall be lawful for the clerk of any court of the United States for any district or Territory, and lie is hereby required, upon the application of any party to such contested case, or the agent or attorney of such part', to issue subpoenas for any witnesses residing or being within the said district or Territory, commanding such witnesses to appear and testify before any clerk of a court of record, or any officer as aforesaid, residing within the said district or Territory, at any time and place in the subpoena to he stated; and if any witness, after being duly served with such subpoena, shall refuse or neglect to appear, or, after appearing, shall refuse to testify, (not being privileged from giving testimony,) such refusal or neglect, being proved to the satisfaction of any judge of the court whose clerk shall have issued such subpoena, said judge may thereupon proceed to enforce obedience to the process, or to punish the disobedience in like manner as any court of the United States may do in case of disobedience to process of subpana ad testificandum issued by such court ; and witnesses in such cases shfill be allowed the same compensation as is allowed to witnesses attending the courts of the United States : Provided, That no witness shall be required to attend at any place more than forty miles from the place where the subpcona shall be served upon him to give a deposition under this law : Provided, also, That no witness shall be deemed guilty of contempt for refusing to disclose any secret invention marie or owned by him : And, provided further, That no witness shall he deemed guilty of contempt for disobeying any subpoena directed to him by virtue of this act, unless his fees for going to, returning from, and one day's attendance at the place of examination, shall be paid or tendered to him at the time of the service of the subpoena. Section II provides that for the purpose of securing a greater uniformity of action in the grant and refusal of letters patent, there shall he appointed in the same manner as is now provided by law for the appointment of examiners, a board of three examiners-in-chief, to be composed of persons of competent legal knowledge and ability, whose duty it shall be, on the written petition of the applicant for that purpose being filed, to revise and determine upon the validity of decisions made by examiners when adverse to the grant of letters -patent, and also to revise and determine in like manner upon the validity of the decisions of examiners in interference cases, and to perform such other duties as may be assigned to them by the Commissioner ; and from the decisions of this board, appeals may bo taken to the Commissioner of Patents in person, upon payment of the fee hereinafter prescribed; that the said examiners-in-chief shall be governed in their action by the rules to be prescribed by the Commissioner of Patents ; that no appeal shall hereafter be allowed from the decision of the Commissioner of Patents, excepting in cases pending prior to the passage of this act. Section III provides that no appeal shall be allowed to the examiners-in-chief from the decisions of the primary examiners, except in interference cases, until after the application shall have been twice rejected ; and the second examination of the application by the primary examiner shall not be had until the applicant, in view of the references given on the first rejection, shallhave renewed the oath of invention, as provided for in the seventh section of the act entitled " An act to promote the progress of the useful arts, and to repeal all acts, and parts of acts, heretofore made f orthat purpose," approved July 4, 1836. Section IV provides that the salary of the Commissioner of Patents shall be four thousand dollars ; The salary of each examiner-in-chief shall be two thousand seven hundred and fifty dollars ; and The salary of the chief clerk of the Patent Office shall be two thousand dollars. Section V provides that the Commissioner of Patents is authorized to restore to the respective applicants, or, when not removed by them, to otherwise dispose of such of the models belonging to rejected applications as he shall not think necessary to be preserved ; the same authority is also given in relation to all models accompanying applications for designs ; he is further authorized to dispense, in future, with models of designs, when the de- sign can be sufficiently represented by a draw- fl_ Section VI provides that the tenth section of the act approved the 3d day of March, 1837,1 authorizing the appointment of agents for the transportation of models and specimens to the Patent Office, is hereby repealed. The Commissioner of Patents is hereby authorized to employ a clerk of the third class to frank such letters and documents as he is by law permitted to frank, and to perform such other duties as the Commissioner may assign to him. Section VII provides that the Commissioner may require all papers filed in the Patent Office to be correctly, legibly, and clearly written, and for gross misconduct ha may refuse to recognize any person as a patent agent, either generally, or in any particular case ; but the reasons of the Commissioner for such refusal shall be duly recorded, and subject to the approval of the President of the United States. Section "VIII provides that no money paid as a fee on any application for a patent, after the passage of this act, shall be withdrawn or refunded ; nor shall the fee paid on filing a caveat be considered as part of the sum required to be paid on filing a subsequent application for a patent for the same invention ; that the three months' notice given to any caveator, in pursuance of the requirements of the twelfth section of the act of July fourth, eighteen hundred and thirty-six, shall be computed from the day on which such notice is deposited in the Post-office at Washington, with the regular time for tho transmission of the same added thereto, which time shall be endorsed on the notice; and that so much of the thirteenth section of the act of Congress, approved July fourth, eighteen hundred and thirty-six, as authorizes the annexing to Letters Patent of the description and specification of additional improvements, is hereby repealed. Section IX provides that 60 muoh of the laws now in force as fix the rates of the Patent Office fees, are hereby repealed, and in their stead, tho following rates are established :— On filing'each caveat, ten dollars. On filing each original application for a patent, except a design, twenty dollars. And on the issuing of the patent, tan dollars in addition. On every appeal from the examiners-in-chief to the Commissioner, twenty dollars. On every application for a patent for a design, fifteen dollars. On every application for the re-issue of a patent, thirty dollars. On every application for the extension of a patent, fifty dollars. On filing each disclaimer, ten dollars. For all certified copies, fifteen cents per hundred words. For recording every assignment or other writing, of three hundred words or under, one dollar. For recording every assignment or other writing, over three hundred and under one thousand words, two dollars. For recording every assignment or other writing, if over one thousand words, three dollars. For copies of drawings, the reasonable expense of making the same. Section X. provides that all applications for patents shall be completed and prepared for examination within two years after the filing of the petition, and in default thereof, they shall be regarded as abandoned by the parties thereto; and all applications for the extension of patents shall be filed at least ninety days before the expiration thereof; and notice of the day set for the hearing of the case shall be published, as now required by law/for at least sixty days. Section XI provides that in all cases where an article is made or vended by any person under the protection of letters patent, it shall be the duty of such person to give sufficient notice to the public that said article is so patented, either by stamping thereon the word " patented," together with the day and year the patent was granted, or where, from the character of the article patented, that may be impracticable in the judgment of the Commissioner of Patents, by invoicing one or more of said articles and affixing a label to the package, or otherwise attaching thereto a label on which the notice, with the date, is printed; on failure of'which, in any suit for the infringement of letters patent, by the parties failing so to label or stamp the article the right to which is infringed upon, no damages shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement and continued, after such notice, to make or vend the article patented; and that the sixth section of the act entitled "An act in addition to an act to promote the progress of the useful arts," c, approved the twenty-ninth day of August, eighteen hundred and forty-two, be, and the same is hereby, repealed. Section XII provides that all acts and parts of acts heretofore passed, which are inconsistent with the provisions of this act, be, and the same are hereby, repealed.
This article was originally published with the title "A Bill"