Page:United States Statutes at Large Volume 5.djvu/228

This page needs to be proofread.

192 TWENTY·FOURTH CONGRESS. Sess. II. Ch.45. 1837. issned,&c.,pri· December, shall, after the first day of June next, be received in evi- 0f Y0 15**1 DB- dence in any of the said GOUHS IH behalf of the péllclltée or other person cemher 1836 to ‘ . · - be mcémdkn who shall be m possession of the same, unless it shall have been so evidenceinsaid recorded anew, and a drawing oflthe invention, if separate from the ¢><>¤f¤¤ W6! PM patent, verified as aforesaid, deposited m the Patent Office; nor shan {,‘;'°,,;;f"I “,“’ any written assignment of any such patiut, executgdand recorded prior anew. to the said fifteenth day of December, e receive in evidence in any of the said courts in behalf of the assignee or other person in possession thereof, until it shall have been so recorded anew. New patents Sec. 3. And be it further enacted, That whenever it shall appear to lg b° issued 52** the Commissioner that any patent was destroyed by the burning of the

;?u`ft,,°;,.°' Patent Office building on the aforesaid fifteenth day of December, or

belore15rh[Qe- was otherwise lost prior thereto, it shall be his duty, on application gg2gb65E1g3g- § therefor by the patentee or other person interested therein, to issue u g_` ’ new patent for the same invention or discovery, bcarinw the date of the original patent, with his certificate thereon that it was inade and issued pursuant to the provisions of the third section of this act, and slull proviso_ enter the same of record; Provided, lrvwcvcr, Thatbelore such patent shall be issued, the applicant therefor shall deposite in the Patent Office a duplicate, as near as may be, of the original model, drawings, and description, with specification of the invention or discovery, verified by oath, as shall be required by the Commissioner; and such patent and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in any judicial court of the United States, and shall protect the rights of the pitentee, his administrators, heirs, and assigns, to the extent only in which they would have been protected by the original patent and specification. ‘ uuplieates of Sec. 4. Arul be it fizrt/ter enacted, That it shall be the duty of the °""""“ '“"·l"l* Commissioner to procure a duplicate of such of the models destroyed to ue procured. . . . . by hre on the affiresaid lilteenth day ol December, as were most valuable and interesting, and whose preservation would be important to the public; and such as would be necessary to facilitate the just discharge ol` the duties imposed by law on the_Co:n1nissioner in issuing patents, and to protect the rights of the public and of patentees in patented in- Proviso. ventions and improvements: Provided, That a duplicate of such models further pro- may be obtained at a reasonable expense: And prvvirlcrl, also, That the mso. whole amount of expenditure for this purpose shall not exceed the sum A temporary of one hundred thousand dollars. And there shall be a temporary board R:’i:;l'g;r‘;°£,)° of commissioners, to be composed of the Commissioner of the Patent ,,1,,,,,;,,;.,.;; a,,,;, Office and two other persons to be appointed by the President, whose dunes, duty it shall be to consider and determine upon the best and most judicious mode of obtannng models of suitable construction; and, also, to consider and determine what models may be procured in pursuance ot, and in accordance with, the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms, and conditions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provisions of this section unto effect, according to its true intent. P¤t21;_¤r¤· Sec. 5. And be it firrthr=r enacted, That, whenever a patent shall be i;';;}] returned For correction and re-issue under the thirteenth section of the dqrigti, ,,,,;,5,,,, act to winch this is additional, and the patentee shall desire several vfvw t-r which patents to be issued for distinct and separate parts of the thincr patented, this is addition- - - · - ° - 3,, gw he shall first pay, in manner and m addition to the sum provided by A,,,,,;;;;;;;;, that uct, the sum of thirty dollars for each additional patent so to be cl; 357. issued; Prmnderl, however, That no patent made prior to the aforesaid ‘°"“°· fifteenth day of December, shall be corrected and re-issued until a duplicate of the model and drawing of the thing as originally invented, veriiicdhbygath as6sEhial1 be required by the Commissioner, shall be deposited m the atent ce;