United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 162
Chap. CLXII.—An Act concerning patents for useful inventions.[1]
Act of July 4, 1836, ch. 357.
List of expired patents to be annually reported to Congress.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be the duty of the Secretary of State, annually, in the month of January, to report to Congress, and to publish in two of the newspapers printed in the city of Washington, a list of all the patents for discoveries, inventions, and improvements, which shall have expired within the year immediately preceding, with the names of the patentees, alphabetically arranged.
Form of application to prolong or renew patent.Sec. 2. And be it further enacted, That application to Congress to prolong or renew the term of a patent, shall be made before its expiration, and shall be notified at least once a month, for three months before its presentation, in two newspapers printed in the city of Washington, and shall in one of the newspapers in which the laws of the United States shall be published in the state or territory in which the patentee shall reside. The petition shall set forth particularly the grounds of the application. It shall be verified by oath; the evidence in its support may be taken before any judge or justice of the peace; it shall be accompanied by a statement of the ascertained value of the discovery, invention, or improvement, and of the receipts and expenditures of the patentee, so as to exhibit the profit or loss arising therefrom.
Patent to be invalid in case of inventor not having complied with terms, &c.
1793, ch. 11.Sec. 3. And be it further enacted, That whenever any patent which has been heretofore, or shall be hereafter, granted to any inventor in pursuance of the act of Congress, entitled “An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose,” passed on the twenty-first day of February, in the year of our Lord, one thousand seven hundred and ninety-three, or of any of the acts supplementary thereto, shall be invalid or inoperative, by reason that any of the terms or conditions prescribed in the third section of the said first mentioned act, have not, by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, been complied with on the part of the said inventor, it shall be lawful for the Secretary of State,Secretary of State, upon surrender, &c., to grant a new patent.
In case of death, &c., right to vest in executors.
Proviso. upon the surrender to him of such patent, to cause a new patent to be granted to the said inventor for the same invention for the residue of the period then unexpired, for which the original patent was granted, upon his compliance with the terms and conditions prescribed in the said third section of the said act. And, in case of his death, or any assignment by him made of the same patent, the like right shall vest in his executors and administrators, or assignee or assignees: Provided, however, That such new patent, so granted, shall, in all respects, be liable to the same matters of objection and defence as any original patent granted under the said first-mentioned act. But no public use or privilege of the invention so patented, derived from or after the grant of the original patent, either under any special license of the inventor, or without the consent of the patentee that there shall be a free public use thereof, shall, in any manner, prejudice his right of recovery for any use or violation of his invention after the grant of such new patent as aforesaid.
Approved, July 3, 1832.
- ↑ For a note of the acts relating to patents for useful inventions, see vol. i. p. 109.For the decisions of the courts of the United States relative to the law of patents, see vol. i. p. 318.