ingly at the foot thereof, and return the same to the Secretary of State, who shall present the letters patent thus certified, to be figned, and fhall cause the feal of the United States to be thereto affixed: and the fame fhall be good and available to the grantee or grantees, by force of this act, and fhall be recorded in a book, to be kept for that purpose, in the of fice of the Secretary of State, and delivered to the patentee or his order.

an im

provement defined.

Sec. 2. Provided always, and be it further The liberenacted, That any perfon, who fhall have dif- ty of ufing covered an improvement in the principle of any machine, or in the process of any compofition of matter, which fhall have been patented, and fhall have obtained a patent for fuch improvement, he fhali not be at liberty to make, ufe or vend the original discovery, nor shall the first inventor be at liberty to use the improvement: And it is hereby enacted and declared, that fimply changing the form or the proportions of any machine, or compofition of matter, in any degree, fhall not be deemed a discovery.

proceed to

obtain letters pa

Sec. 3. And be it further enacted, That every How to inventor, before he can receive a patent, fhall fwear or affirm, that he does verily believe, that he is the true inventor or difcoverer of tent." the art, machine, or improvement, for which he folicits a patent, which oath or affirmation may be made before any perfon authorized to administer oaths, and fhall deliver a written description of his invention, and of the manner of ufing, or procefs of compounding the fame, in fuch full, clear and exact terms, as to distinguish the fame from all other things before known, and to enable any person skilled in the art or science, of which it is a branch, or VOL. II. C 2

Inventors their titles. may affign

Forfeiture on using

with which it is moft nearly connected, to make, compound, and use the fame. And in the case of any machine, he fhall fully explain the principle, and the feveral modes, in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions; and he fhall accompany the whole with drawings and written references, where the nature of the cafe admits of drawings, or with fpecimens of the ingredients, and of the compofition of matter, fufficient in quantity for the purpose of experiment, where the invention is of a compofition of matter; which defcription, figned by himself, and attefted by two witneffes, thall be filed in the office of the Secretary of State, and certified copies thereof fhall be competent evidence, in all courts, where any matter or thing, touching fuch patent-right, fhall come in question. And fuch inventor fhall, moreover, deliver a model of his machine, provided the Secretary fhall deem fuch model to be neneceffary.

Sec. 4. And be it further enacted, That it fhall be lawful for any inventor, his executor or adminiftrator, to affign the title and interest in the faid invention, at any time, and the affignee having recorded the faid affignment, in the office of the Secretary of State, shall thereafter ftand in the place of the original inventor, both as to right and responsibility, and fo the affignees of affigns, to any degree.

Sec. 5. And be it further enacted, That if any perfon fhall make, devise and ufe, or fell patented the thing fo invented, the exclufive right of inventions which fhall, as aforefaid, have been fecured to any perfon by patent, without the consent of the patentee, his executors, adminiftrators

without

leave.

or affigns, firft obtained in writing, every perfon, fo offending, fhall forfeit and pay to the patentee, a fum, that fhall be at least equal to three times the price, for which the patentee has ufually fold or licenced to other perfons, the ufe of the faid invention; which may be How recorecovered in an action on the cafe founded on this act, in the circuit court of the United States, or any other court having competent jurisdiction.

vered.

Sec. 6. Provided always, and be it further How deenacted, That the defendant in fuch action fendants shall be permitted to plead the general iffue, this act in may give and give this act and any spécial matter, of evidence, which notice in writing may have been given to the plaintiff or his attorney, thirty days before trial, in evidence, tending to prove, that the specification, filed by the plaintiff, does not contain the whole truth relative to his difcovery, or that it contains more than is neceffary to produce the defcribed effect, which concealment or addition fhall fully appear to have been made, for the purpose of deceiving the public, or that the thing, thus fecured by patent, was not originally difcovered by the patentee, but had been in use, or had been described in fome public work, anterior to the fuppofed discovery of the patentee, or that he had furreptitiously obtained a patent for the and judg discovery of another perfon: in either of ment fhall which cafes, judgment fhall be rendered for the defendant, with cofts, and the patent fhall Be declared void.

be given.

to inventi.

Sec. 7. And be it further enacted, That where any state before its adoption of the prefent State rights form of government, fhall have granted an exclufive right to any invention, the party to be deem claiming that right, fhall not be capable of ob. ed void.

ons when

How appli

cations depending

under for

mer law fhall be

profecuted

taining an exclusive right under this act, but on relinquishing his right under fuch particular ftate, and of fuch relinquifhment, his obtaining an exclufive right under this act shall be fufficient evidence.

Sec. 8. And be it further enacted, That the perfons, whofe applications for patents, were, at the time of paffing this act, depending before the Secretary of State, Secretary at War, and Attorney General, according to the act, under this paffed the second feffion of the first Congress, intitled, "An act to promote the progrefs of ufeful arts," on complying with the conditions of this act, and paying the fees herein required, may pursue their respective claims to a patent under the fame.

act.

Proceed ings to be had on interfering

applicati

ons.

Sect. 9. And be it further enacted, That in cafe of interfering applications, the fame fhall be fubmitted to the arbitration of three perfons, one of whom fhall be chofen by each of the applicants, and the third perfon fhall be appointed by the Secretary of State; and the decifion or award of fuch arbitrators, delivered to the Secretary of State, in writing and fubfcribed by them, or any two of them, shall be final, as far as refpects the granting of the patent: And if either of the applicants fhall refufe or fail to choose an arbitrator, the patent fhall iffue to the oppofite party. And where there fhall be more than two interfering applications, and the parties applying fhall not all unite in appointing three arbitrators, it shall be in the power of the Secretary of State to appoint three arbitrators for the purpose.

Sec. 10. And be it further enacted, That, upon oath or affirmation being made, before the judge of the district court, where the paten

btaining

tee, his executors, adminiftrators or affigns And against perrefide, that any patent, which fhall be issued fons furrepin pursuance of this act, was obtained furreptioully titiously, or upon falfe fuggeftion, and motion patents. made to the faid court, within three years after iffuing the faid patent, but not afterwards, it fhall and may be lawful for the judge of the faid district court, if the matter alledged fhall appear to him to be fufficient, to grant a rule, that the patentee, or his executor, adminiftrator or affign, fhew caufe, why procefsfhould not iffue against him to repeal fuch patent. And if fufficient caufe fhall not be fhewn to the contrary, the rule fhall be made abfolute, and thereupon the faid judge fhall order process to be issued against fuch patentee, or his executors, administrators or affigns, with costs of fuit. And in cafe, no fufficient cause shall be fhewn to the contrary, or if it shall appear, that the patentee was not the true inventor or difcoverer, judgment fhall be rendered by fuch court for the repeal of fuch patent; and if the party, at whofe complaint the procefs iffued, fhall have judgment given against him, he fhall pay all fuch cofts, as the defendant shall be put to, in defending the fuit, to be taxed by the court, and recovered in due courfe of law.

fenting pe

dollars in

Sec. 11. And be it further enacted, That every inventor, before he prefents his petition Inventor to the Secretary of State, fignifying his defire before preof obtaining a patent, fhall pay into the Trea- tition to fury thirty dollars, for which he fhall take pay thirty duplicate receipts; one of which receipts he to the trea fhall deliver to the Secretary of State, when fury. he prefents his petition: and the money, thus paid, fhall be in full for the fundry férvices, to be performed in the office of the Secretary.