Page:United States Statutes at Large Volume 5.djvu/390

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354 TWENTY-FIFTH CONGRESS. Sess. III. Ch. 88. 1839. lars be appropriated from the patent fund, to be expended under the direction of the Commissioner, for the purchase of necessary books for the librar of the Patent Office. No argon to Sec. 6d And be I it further enacted, That no person shall be dc. be delmrrpd barred from receiving a patent for any invention or discovery, as prof‘°'“ "°‘£m“g“ vided in the act approved on the fourth day of July, one thousand eight 1mm' c' hundred and thirty-six, to which this is additional, by reason of the same having been patented in a foreign country more than six months pmvgsm prior to his application: Provided, That the same shall not havebeen introduced into public and common use m the United States, prior to Pygyigg, the application for such patent: And provided, also, That in all cases every such patent shall be limited to the term of fourteen years from the date or publication of such foreign letters patent. Persons Sw Sec. 7. And be it further enacted, That every person or corporation having pri;-Chas. who has, or shall have, purchased or constructed any newly invented vd ¢>f<=¤¤¤¤*¤<=¤· machine, manufacture, or composition of matter, prior to the applicaf52Q;??;? tion by the inventor or discoverer for a patent, shall be held to possess ehine, &.c. the right to use, and vend to others to be used, the specific machine, manufacture, or composition of matter so made or purchased, without liability therefgr to the invepgprkorhaply oth)er peraslorg ipterested ll} suc; invention · an no patent s e e to e mv 1 y reason o suc urchase ,sale, or use rior to the a lication for a atent as aforesaid, P » P PP P except on proof of abandonment of such invention to the public; or that such purchase, sale, or prior use has been for more than two years prior to such application for a patent. h h Sec. 8. And be it further enacted That so much of the elevent seo- S f . . . 11iliii::ha¢ii4¢h tion of the above recited act as reduires the payment of three dollars Jul? 183% Qh- to the Commissioner of Patents for recording any assignment, grant, or

n’,°,%2‘;;? conveyance of the whole or any part of the interest or right under any

eording assign- patent, be, and the same is hereby, repealed; and all such assignments,

!¤¤¤» Y¤P¤¤l- grants, and conveyances shall, in future, be recorded without any charge

‘ whatever. A . ul d Sec. 9. And be it farther enacted, That a sum of money not exceedm$}’cS°‘f{_°_ ing one thousand dollars, be, and the same is hereby, appropriated, out ' of the patent fund, to be expended by the Commissioner of Patents in the collection of agricultural statistics, and for other agricultural puroses; for which the said Commissioner shall account in his next an- P nual report. p,.0v;s;,,m, pm, Sec. 10. And be it further enacted, That the provisions of the six- ¤e¤.¤¤t4zh July teenth section of the before recited act shall extend to all cases where £?:;_ffi·3°7· pptpptp age refulpedtlfor apy freasrgn wha_te;;er,Eitl;er py php] Commissioner o aen or y e c ie jusice o e rsric o oum 1a upon appeals from the decision of said Commissioner, as well as wheie the same shall have been refused on account of, or by reason oi, interference with a previously existing patent; and in all cases where there is no opposing party, a copy of the bill shall be served upon the Commissioner of Patents when the whole of the expenses of the proceeding ghall be pagld by the applicant, whether the final decision shall be in his avor or otherwise. Appeals. _ Sec. 11. And be it further enacted, That in all cases where an appeal 1852, 0h_ 1W_ is noyv alllowed by law from the decision of the Commissioner of Patents to a oar of examiners provided for in the seventh section of the act to whiclg this is additional, the party, instead thereof, shall have a right to apps. to the chief justice of the district court of the United States for the District of Columbia, by giving notice thereof to the Commisstoner, and filing in the Patent Office, within such time as the Commissroner shall appoint, his reasons of appeal, specifically set forth in writmg, and also paying into the Patent Office, to the credit of the patent fund, the sum of twenty-tive dollars. And it shall be the duty of said