Scientific American magazine Vol 2. No. 3 Oct 10 1846: The Advocate of Industry and Journal of Scientific,; Mechanical and Other ImprovementsVarious
History
Scientific American magazine Vol 2. No. 3 Oct 10 1846: The Advocate of Industry and Journal of Scientific,; Mechanical and Other Improvements
Various
Science -- Periodicals; Technology -- Periodicals
SEC. 5. The Commissioner of Patents shall give advice of a scientific
and legal character as he may be desired and qualified to do, to
inventors. He may guaranty the originality of any invention at his own
risk, at any price be may agree upon with any inventor to give
certificates thereof, and this shall not interfere with his regular
salary. But it is provided that the Commissioner shall not in any
manner prevent others from examining and guarantying the originality
of any invention for which a patent may be desired. And it is also
provided that any Commissioner, Register, Clerk, Attorney, Examiner or
Agent, who may give a guaranty or warrant of the novelty of any
invention shall be held responsible in costs on any information to be
filed by any party who may feel himself aggrieved, to rescind the
patent which may not be an original invention of the claimant so
guarantied.
SEC. 6. To rescind a patent, any party feeling himself aggrieved may
file information in the District Court of the United States, of the
district in which the patentee resides, notifying the patentee of such
information filed, with what the former intends to prove, and where
the patentee may discover the evidence relied upon by the informer, on
which, the patentee may surrender his patent without costs should he
so elect. But should the patentee determine to stand trial, he shall
plead to such information within twenty days, denying the allegations
of the informer, on which the trial shall proceed in its regular order
on the calendar, and the patentee, if found wilfully and knowingly a
monopolizer of the public rights, shall suffer costs and the
reasonable expenses and counsel fee of the informer. And if such
inventor shall make oath he has not been enabled to examine the proofs
on which the informer relies to rescind his patent, he shall be
allowed such further time as the court having jurisdiction may
prescribe. And the court may make an order to the informer to exhibit
fully his evidence of priority of invention, and no other evidence
than has been exhibited to the inventor excepting rebutting, shall be
introduced on the trial to rescind the patent.
SEC. 7. The Commissioner of Patents shall collect and keep in the
Patent Office all the scientific works published and useful for
references, and pay the expenses of the same from the patent fund. But
the Commissioner shall not subscribe for more than three copies of any
publication for the use of the office as aforesaid out of the Patent
Fund.
SEC. 8. The application of any known machinery or matter of
combination of machinery, or matter to new purposes or old purposes
after a new method, or any means by which useful results are to be
more advantageously produced than formerly, shall be the subject of a
patent.
SEC. 9. A method, plan, design, or any new and useful idea, which can
be defined, shall be the subject of a patent.
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