Page:Federal Reporter, 1st Series, Volume 8.djvu/453

DE FLOREZ V. RAINOLDS. 439 �1864. The question is as to when it expires. The plaintiffs contend that, under the statute, it runs according to its tenor, and does net «xpire; until the end of 17 years from June 28, 1864. It becomes neoessary, therefore, to examine the statutes on the subject. �By the act of April 10, 1790, (St. at Large, 109,) a patent was to be granted to the inventor for any term not exceeding 14 years. By the act of February 21, 1793, (1 St. at Large, 318,) it was required that the invention should have been "not known or used before the application," and that the patent waa to be granted "for a term not exceeding 14 years," and only to a citizen of the United States as inventor, or his assigns. �By the act of April 17, 1800, (2 St. at Large, 37,) the privilege was extended to alien inventera who, at the time of petitioning, had re- aided for two years within the United States, and it was required that the invention should not have been known or used before the appli,- cation. �By the act of July 13, 1832, (4 St. at Large, 577,) the privilege was extended to every alien who, at the time of petitioning, should be resident in the United States and should have declared his in- tention, according to law, to become a citizen thereof. These prier aots were all of them repealed by section 21 of the act of July 4, 1836, (5 St. at Large, 125.) By that act (section 5) patents were to be granted "for a term not exceeding 14 years." Any inventor could obtain a patent, whether an alien or citizen. It was required that the invention should not, at the time of his application for a patent^ be in public use or on sale, with his consent or allowance, as the in- ventor. The commissioner could not grant the patent if it appeared to him (section 7) that the invention — �"Had been invented or discovered by any other person in this country prior to the alleged invention or discovery thereof by the applicant, or that it had been patented or described in any printed publication in this or any foreign country, or had been in public use or on sale with the applicant's consent or allowance prior to the application." �It was further provided as follows, (section 8 :) �' " Nothing in this act contained shall be construed,to deprive an original and true inventer of the right to a patent for his invention, by reason of his having previously taken out letters patent therefor in a foreign country, and the same having l>een published, at any time within six montlis next preceding the fll- ing of his specification and drawings. And whenever the applicant shall request it the patent shall take date from the time of the flling of the specificar tionand drawing; not, however, exceeding six months prior to the actual issUing of the patent." ��� �