Chapter CCXXX. to revise, consolidate, and amend the Statutes relating to Patents and Copyrights
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CHAP. CCXXX.— An Act to revise, consolidate, and amend the Statutes relating to Patents and Copyrights.July 8, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That there shall be attached toPatent office attached to Department of the Interior. the Department of the Interior the office, heretofore established, known as the patent office, wherein all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved.
Sec. 2. *And be it further enacted,* That the officers and employees ofOfficers and employees of patent office.Appointments by the President; said office shall continue to be: one commissioner of patents, one assistant commissioner, and three examiners-in-chief, to be appointed by the President, by and with the advice and consent of the Senate; one chief clerk, one examiner in charge of interferences, twenty-two principal examiners, twenty-two first-assistant examiners, twenty-two second assistantby the Secretary of the Interior upon nomination of commissioner of patents. examiners, one librarian, one machinist, five clerks of class four, six clerks of class three, fifty clerks of class two, forty-five clerks of class one, and one messenger and purchasing clerk, all of whom shall be appointed199FORTY-FIRST CONGRESS.
Sess. II. Ch. 230. 1870. by the Secretary of the Interior, upon nomination of the commissioner of patents. Sec. 3. *And be it further enacted,* That the Secretary of the InteriorAdditional clerks, copyists, and laborers. may also appoint, upon like nomination, such additional clerks of classes two and one, and of lower grades, copyists of drawings, female copyists, skilled laborers, laborers, and watchmen, as may be from time to time appropriated for by Congress. Sec. 4. *And be it further enacted,* That the annual salaries of the officersSalaries of officers and employees. and employees of the patent office shall be as follows:— Of the commissioner of patents, four thousand five hundred dollars.
Of the assistant commissioner, three thousand dollars. Of the examiners-in-chief, three thousand dollars each. Of the chief clerk, two thousand five hundred dollars. Of the examiner in charge of interferences, two thousand five hundred dollars. Of the principal examiners, two thousand five hundred dollars each. Of the first assistant examiners, one thousand eight hundred dollars each. Of the second assistant examiners, one thousand six hundred dollars each. Of the librarian, one thousand eight hundred dollars.
Of the machinist, one thousand six hundred dollars. Of the clerks of class four, one thousand eight hundred dollars each. Of the clerks of class three, one thousand six hundred dollars each. Of the clerks of class two, one thousand four hundred dollars each. Of the clerks of class one, one thousand two hundred dollars each. Of the messenger and purchasing clerk, one thousand dollars. Of laborers and watchmen, seven hundred and twenty dollars each. Of the additional clerks, copyists of drawings, female copyists, and skilled laborers, such rates as may be fixed by the acts making appropriations for them.
Sec. 5. *And be it further enacted,* That all officers and employees ofOfficers, &c. to take oath. the patent office shall, before entering upon their duties, make oath or affirmation truly and faithfully to execute the trusts committed to them. Sec. 6. *And be it further enacted,* That the commissioner and chiefCommissioner and chief clerk to give bond. clerk, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, conditioned for the faithful discharge of their duties, and that they will render to the proper officers of the treasury a true account of all money received by virtue of their office.
Sec. 7. *And be it further enacted,* That it shall be the duty of theDuties of commissioner. commissioner, under the direction of the Secretary of the Interior, to superintend or perform all the duties respecting the granting and issuing of patents which herein are, or may hereafter be, by law directed to be done; and he shall have charge of all books, records, papers, models, machines, and other things belonging to said office. Sec. 8. *And be it further enacted,* That the commissioner may sendFranking privilege. and receive by mail, free of postage, letters, printed matter, and packages relating to the business of his office, including patent-office reports.
Sec. 9. *And be it further enacted,* That the commissioner shall layAnnual report of commissioner to Congress. before Congress, in the month of January, annually, a report, giving a detailed statement of all moneys received for patents, for copies of records or drawings, or from any other source whatever; a detailed statementContents of report. of all expenditures for contingent and miscellaneous expenses; a list of all patents which were granted during the preceding year, designating under proper heads the subjects of such patents; an alphabetical list of the patentees, with their places of residence; a list of all patents which have been extended during the year; and such other information of the200 condition of the patent office, as may be useful to Congress or the public.
Sec. 10. *And be it further enacted,* That the examiners-in-chief shallExaminers-in-chief and their duties. be persons of competent legal knowledge and scientific ability, whose duty it shall be, on the written petition of the appellant, to revise and determine upon the validity of the adverse decisions of examiners upon applications for patents, and for reissues of patents, and in interference cases; and when required by the commissioner, they shall hear and report upon claims for extensions, and perform such other like duties as he may assign them.
Sec. 11. *And be it further enacted,* That in case of the death, resignation,Assistant commissioner to act as commissioner when, &c. absence, or sickness of the commissioner, his duties shall devolve upon the assistant commissioner until a successor shall be appointed, or such absence or sickness shall cease. Sec. 12. *And be it further enacted,* That the commissioner shall causeSeal of patent office. a seal to be provided for said office, with such device as the President may approve, with which all records or papers issued from said office, to be used in evidence, shall be authenticated.
Sec. 13. *And be it further enacted,* That the commissioner shall causeModels, &c. to be classified and arranged in rooms; to be classified and arranged in suitable cases, in the rooms and galleries provided for that purpose, the models, specimens of composition, fabrics, manufactures, works of art, and designs, which have been or shall be deposited in said office; and said rooms and galleries shall be kept openrooms to be open for inspection. during suitable hours for public inspection.
Sec. 14. *And be it further enacted,* That the commissioner may restoreCertain models may be restored to applicants, or how otherwise disposed of. to the respective applicants such of the models belonging to rejected applications as he shall not think necessary to be preserved, or he may sell or otherwise dispose of them after the application has been finally rejected for one year, paying the proceeds into the treasury, as other patent moneys are directed to be paid. Sec. 15. *And be it further enacted,* That there shall be purchased, forLibrary. the use of said office, a library of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated by Congress for that purpose.
Sec. 16. *And be it further enacted,* That all officers and employees ofOfficers, &c. cannot take any interest in a patent, except, &c. the Patent Office shall be incapable, during the period for which they shall hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by said office. Sec. 17. *And be it further enacted,* That for gross misconduct the commissionerPatent agents may be refused recognition by commissioner, for, &c. may refuse to recognize any person as a patent agent, either generally or in any particular case; but the reasons for such refusal shall be duly recorded, and be subject to the approval of the Secretary of the Interior.
Sec. 18. *And be it further enacted,* That the commissioner may requirePapers filed in the office to be printed, if not, &c. all papers filed in the patent office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. Sec. 19. *And be it further enacted,* That the commissioner, subject toRules and regulations for business. the approval of the Secretary of the Interior, may from time to time establish rules and regulations, not inconsistent with law, for the conduct of proceedings in the patent office.
Sec. 20. *And be it further enacted,* That the commissioner may print orCopies of specifications and drawings, &c. and laws and decisions, &c. may be printed. cause to be printed copies of the specifications of all letters-patent and of the drawings of the same, and copies of the claims of current issues, and copies of such laws, decisions, rules, regulations, and circulars as may be necessary for the information of the public. Sec. 21. *And be it further enacted,* That all patents shall be issued inPatents, how signed and issued. the name of the United States of America, under the seal of the patent201 office, and shall be signed by the Secretary of the Interior and countersigned by the commissioner, and they shall be recorded, together withPatents to be recorded; the specification, in said office, in books to be kept for that purpose.
Sec. 22. *And be it further enacted,* That every patent shall contain ato contain what; short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive right to make, use, and vendto run for seventeen years. the said invention or discovery throughout the United States and the Territories thereof, referring to the specification for the particulars thereof;Copies of specifications, &c. to make part of patent. and a copy of said specifications and of the drawings shall be annexed to the patent and be a part thereof.
Sec. 23. *And be it further enacted,* That every patent shall date as ofDate of patent. a day not later than six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent; and if the final fee shall not be paid within that period, the patent shall be withheld. Sec. 24. *And be it further enacted,* That any person who has inventedPatents may be obtained for what. or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof, not known or used by others in this country, and not patented, or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the duty required by law, and other due proceedings had, obtain a patent therefor.
Sec. 25. *And be it further enacted,* That no person shall be debarredPrior patent in a foreign country not to debar from receiving a patent here, &c.Proviso. from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented in a foreign country; *provided* the same shall not have been introduced into public use in the United States for more than two years prior to the application, and that the patent shall expire at the same time with the foreign patent, or, if there be more than one, at theProceedings to obtain a patent. same time with the one having the shortest term; but in no case shall it be in force more than seventeen years.
Sec. 26. *And be it further enacted,* That before any inventor or discovererApplication therefor and description. shall receive a patent for his invention or discovery, he shall make application therefor, in writing, to the commissioner, and shall file in the patent office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of aSpecification and claim. machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery; and said specification and claim shall be signed by the inventor and attested by two witnesses.
Sec. 27. *And be it further enacted,* That when the nature of the caseDrawings. admits of drawings, the applicant shall furnish one copy signed by the inventor or his attorney in fact, and attested by two witnesses, which shall be filed in the patent office; and a copy of said drawings, to be furnished by the patent office, shall be attached to the patent as part of the specification. Sec. 28. *And be it further enacted,* That when the invention or discoverySpecimens of ingredients, &c. is of a composition of matter, the applicant, if required by the commissioner, shall furnish specimens of ingredients and of the composition, sufficient in quantity for the purpose of experiment.
Sec. 29. *And be it further enacted,* That in all cases which admit ofModels.202 representation by model, the applicant, if required by the commissioner, shall furnish one of convenient size to exhibit advantageously the several parts of his invention or discovery. Sec. 30. *And be it further enacted,* That the applicant shall make oathOath of applicant; or affirmation that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shallbefore whom may be administered. state of what country he is a citizen.
And said oath or affirmation may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, charge d’affaires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the foreign country in which the applicant may be. Sec. 31. *And be it further enacted,* That on the filing of any such applicationUpon filing application and payment of duty, examination to be made.Patent to issue, if, &c. and the payment of the duty required by law, the commissioner shall cause an examination to be made of the alleged new invention or discovery; and if on such examination it shall appear that the claimant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the commissioner shall issue a patent therefor.
Sec. 32. *And be it further enacted,* That all applications for patentsApplications to be completed within two years of filing petition, or deemed abandoned, unless, &c. shall be completed and prepared for examination within two years after the filing of the petition, and in default thereof, or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the commissioner that such delay was unavoidable.
Sec. 33. *And be it further enacted,* That patents may be granted andPatents may be granted, &c. to assignee.Proceedings in such case.[Amended, 1871, ch. 132. Post, p. 683. issued or reissued to the assignee of the inventor or discoverer, the assignment thereof being first entered of record in the patent office; but in such case the application for the patent shall be made and the specification sworn to by the inventor or discoverer; and also, if he be living, in case of an application for reissue.
Sec. 34. *And be it further enacted,* That when any person, havingExecutor or administrator may obtain patent, when, &c. in trust for the heirs or devisees. made any new invention or discovery for which a patent might have been granted, dies before a patent is granted, the right of applying for and obtaining the patent shall devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will, disposing of the same, then in trust for his devisees, in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime;Oath in such cases. and when the application shall be made by such legal representatives, the oath or affirmation required to be made shall be so varied in form that it can be made by them.
Sec. 35. *And be it further enacted,* That any person who has an interestIf final fee is not paid within six months from, &c. any person interested in the invention, &c. may apply for patent within two years from, &c.No damages for intermediate use.In cases of applications rejected or withdrawn, prior, &c. applicant may renew, &c. application. in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent was ordered to issue upon the payment of the final fee, but who has failed to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent, shall have a right to make an application for a patent for such invention or discovery the same as in the case of an original application: *Provided,* That the second application be made within two years after the allowance of the original application.
But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent, as aforesaid, was ordered to issue, prior to the issue thereof: *And provided further,* That when an application for a patent has been rejected or withdrawn, prior to the passage of this act, the applicant shall have six months from the date of such passage to renew his application, or to file a new one; and if he203 omit to do either, his application shall be held to have been abandoned.When application held to be abandoned.
Upon the hearing of such renewed applications abandonment shall be considered as a question of fact. Sec. 36. *And be it further enacted,* That every patent or any interestPatents, &c. assignable. therein shall be assignable in law, by an instrument in writing; and the patentee or his assigns or legal representatives may, in like manner, grant and convey an exclusive right under his patent to the whole orExclusive rights.Assignment, &c. void against subsequent purchaser, &c. unless, &c. any specified part of the United States; and said assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the patent office within three months from the date thereof.
Sec. 37. *And be it further enacted,* That every person who may havePersons purchasing of inventor, &c. before application for patent, may use, &c. the specific thing purchased without liability. purchased of the inventor, or with his knowledge and consent may have constructed any newly invented or discovered machine, or other patentable article, prior to the application by the inventor or discoverer for a patent, or sold or used one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, without liability therefor.
Sec. 38. *And be it further enacted,* That it shall be the duty of allThe word “patented,” &c. to be affixed to each patented article; patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented, either by fixing thereon the word “patented,” together with the day and year the patent was granted; or when, from the character of the article, this cannot beor a label to a package of such articles.If not so marked, no damages unless upon proof of use after prior actual notice. done, by fixing to it or to the package wherein one or more of them is inclosed, a label containing the like notice; and in any suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued, after such notice, to make, use, or vend the article so patented.
Sec. 39. *And be it further enacted,* That if any person shall, in anyPenalty for wrongly marking as patented any unpatented article, or wrongly affixing the words “patent,” &c. and how recovered; manner, mark upon anything made, used, or sold by him for which he has not obtained a patent, the name or any imitation of the name of any person who has obtained a patent therefor, without the consent of such patentee, or his assigns or legal representatives; or shall in any manner mark upon or affix to any such patented article the word “patent” or “patentee,” or the words “letters-patent,” or any word of like import, with intent to imitate or counterfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or legal representatives; or shall in any manner mark upon or affix to any unpatented article the word “patent,” or any word importing that the same is patented, for the purpose of deceiving the public, he shall be liable for every such offense to a penalty of not less than one hundred dollars, with costs; one moiety of said penalty to the person who shallone half to go to person suing, and the other to the United States. sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States within whose jurisdiction such offense may have been committed.
Sec. 40. *And be it further enacted,* That any citizen of the UnitedCaveat; States, who shall have made any new invention or discovery, and shall desire further time to mature the same, may, on payment of the duty required by law, file in the patent office a caveat setting forth the design thereof, and of its distinguishing characteristics, and praying protection of his right until he shall have matured his invention; and suchwhere to be filed, and how long operative. caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof; and if application shall be made within the year byNotice to person filing, of application for a patent with which caveat would interfere, and subsequent proceedings. any other person for a patent with which such caveat would in any manner interfere, the commissioner shall deposit the description, specification, drawings, and model of such application in like manner in the confi-204dential archives of the office, and give notice thereof, by mail, to the person filing the caveat, who, if he would avail himself of his caveat, shall file his description, specifications, drawings, and model within three months from the time of placing said notice in the post-office in Washington, with the usual time required for transmitting it to the caveator added thereto, which time shall be indorsed on the notice.
And an alien shallAliens. have the privilege herein granted, if he shall have resided in the United States one year next preceding the filing of his caveat, and made oath of his intention to become a citizen. Sec. 41. *And be it further enacted,* That whenever, on examination,Notice of rejection of claim for patent to be given to applicant with reasons therefor, &c. any claim for a patent is rejected for any reason whatever, the commissioner shall notify the applicant thereof, giving him briefly the reasons for such rejection, together with such information and references as may be useful in judging of the propriety of renewing his application or of altering his specification; and if, after receiving such notice, the applicant shall persist in his claim for a patent, with or without altering his specifications, the commissioner shall order a re-examination of theCase to be re-examined, if, &c. case.
Sec. 42. *And be it further enacted,* That whenever an application isInterferences, &c. made for a patent which, in the opinion of the commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to proceed to determine the question of priority of invention. And the commissionerPatent to issue to whom. may issue a patent to the party who shall be adjudged the prior inventor, unless the adverse party shall appeal from the decision of the primary examiner, or of the board of examiners-in-chief, as the case may be, within such time, not less than twenty days, as the commissioner shall prescribe.
Sec. 43. *And be it further enacted,* That the commissioner mayAffidavits and depositions. establish rules for taking affidavits and depositions required in cases pending in the patent office, and such affidavits and depositions may be taken before any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the officer resides. Sec. 44. *And be it further enacted,* That the clerk of any court of theSubpœnas to witnesses.
United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the patent office, shall, upon the application of any party thereto, or his agent or attorney, issue [a] subpœna for any witness residing or being within said district or Territory, commanding him to appear and testify before any officer in said district or Territory authorized to take depositions and affidavits, at any time and place in the subpœna stated; and if any witness, after beingPenalty upon witness for refusing to appear as directed. duly served with such subpœna, shall neglect or refuse to appear, or after appearing shall refuse to testify, the judge of the court whose clerk issued the subpœna, may, on proof of such neglect or refusal, enforce obedience to the process, or punish the disobedience as in other like cases.
Sec. 45. *And be it further enacted,* That every witness duly subpœnaedWitness fees. and in attendance shall be allowed the same fees as are allowed to witnesses attending the courts of the United States, but no witness shall be required to attend at any place more than forty miles from the placeWitness not compelled to go more than forty miles, &c. unless, &c.; where the subpœna is served upon him, nor be deemed guilty of contempt for disobeying such subpœna, unless his fees and travelling expenses in going to, returning from, and one day’s attendance at the place of examination, are paid or tendered him at the time of the service of the subpœna; nor for refusing to disclose any secret invention or discoverynor to disclose his own secret invention. made or owned by himself.
Sec. 46. *And be it further enacted,* That every applicant for a patent205 or the reissue of a patent, any of the claims of which have been twiceAppeals from primary examiner; rejected, and every party to an interference, may appeal from the decision of the primary examiner, or of the examiner in charge of interference[s], in such case to the board of examiners-in-chief, having once paid the fee for such appeal provided by law. Sec. 47. *And be it further enacted,* That if such party is dissatisfiedfrom examiners-in-chief; with the decision of the examiners-in-chief, he may, on payment of the duty required by law, appeal to the commissioner in person.
Sec. 48. *And be it further enacted,* That if such party, except a partyfrom the commissioner. to an interference, is dissatisfied with the decision of the commissioner, he may appeal to the supreme court of the District of Columbia, sitting in banc. Sec. 49. *And be it further enacted,* That when an appeal is taken toPractice in cases of appeals to the supreme court of the District of Columbia. the supreme court of the District of Columbia, the appellant shall give notice thereof to the commissioner, and file in the patent office, within such time as the commissioner shall appoint, his reasons of appeal, specifically set forth in writing.
Sec. 50. *And be it further enacted,* That it shall be the duty of saidDuty of the court upon such appeals. court, on petition, to hear and determine such appeal, and to revise the decision appealed from in a summary way, on the evidence produced before the commissioner, at such early and convenient time as the court may appoint, notifying the commissioner of the time and place of hearing; and the revision shall be confined to the points set forth in the reasons of appeal. And after hearing the case, the court shall returnIts decision not to preclude the right to test validity of patent in any court. to the commissioner a certificate of its proceedings and decision, which shall be entered of record in the patent office, and govern the further proceedings in the case.
But no opinion or decision of the court in any such case shall preclude any person interested from the right to contest the validity of such patent in any court wherein the same may be called in question. Sec. 51. *And be it further enacted,* That on receiving notice of thePractice in the hearing of appeals by the court. time and place of hearing such appeal, the commissioner shall notify all parties who appear to be interested therein in such manner as the court may prescribe.
The party appealing shall lay before the court certified copies of all the original papers and evidence in the case, and the commissioner shall furnish it with the grounds of his decision, fully set forth in writing, touching all the points involved by the reasons of appeal. And at the request of any party interested, or of the court, the commissioner and the examiners may be examined under oath, in explanation of the principles of the machine or other thing for which a patent is demanded.
Sec. 52. *And be it further enacted,* That whenever a patent on applicationIf a patent on application is refused, applicant may bring bill in equity, &c. is refused, for any reason whatever, either by the commissioner or by the supreme court of the District of Columbia upon appeal from the commissioner, the applicant may have remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear.
And such adjudication, if it be in favor of the right of the applicant, shallPatent to issue, if, &c. authorize the commissioner to issue such patent, on the applicant filing in the patent office a copy of the adjudication, and otherwise complyingCopy to be served upon commissioner, if, &c.Expenses. with the requisitions of law. And in all cases where there is no opposing party a copy of the bill shall be served on the commissioner, and all the expenses of the proceeding shall be paid by the applicant, whether the final decision is in his favor or not.
Sec. 53. *And be it further enacted,* That whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification,Reissues. or by reason of the patentee claiming as his own invention or discovery206 more than he had a right to claim as new, if the error has arisen byReissues. inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be issued to the patentee, or, in the case of his death or assignment of the whole or any undivided part of the original patent, to his executors, administrators, or assigns, for the unexpired part of the term of the original patent, the surrender of which shall take effect upon the issue of the amended patent; and the commissioner may, in his discretion,Several patents for separate parts of the thing patented. cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued letters-patent.
And the specifications and claim in every such case shall be subject to revision and restriction in the same manner as original applications are. And the patent so reissued, together with the corrected specification,Effect of patent so reissued. shall have the effect and operation in law, on the trial of all actions for causes thereafter arising, as though the same had been originally filed in such corrected form; but no new matter shall be introduced into theNo new matter. specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Sec. 54. *And be it further enacted,* That whenever, through inadvertence,Disclaimer; accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer, his patent shall be valid for all that part which is truly and justly his own, provided the same is a material or substantial part of the thing patented; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, on payment of the duty required by law, make disclaimer of such parts of the thing patented as he shall not choose to claim or to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; said disclaimer shall be in writing, attested by one or more witnesses,to be in writing, attested and recorded. and recorded in the patent office, and it shall thereafter be considered as part of the original specification to the extent of the interest possessed by the claimant and by those claiming under him after the record thereof.
But no such disclaimer shall affect any action pending atPending actions not affected. the time of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing it. Sec. 55. *And be it further enacted,* That all actions, suits, controversies,What courts to have jurisdiction of patent cases. and cases arising under the patent laws of the United States shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, or any district court having the powers and jurisdiction of a circuit court, or by the supreme court of the District of Columbia, or of any Territory; and the court shall have power, upon bill in equityInjunctions. filed by any party aggrieved, to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable; and upon a decree being rendered in any such case for an infringement, theDamages for infringements. *claimant* [complainant] shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction, and the court shall have the same powers to increase the same in its discretion that are given by this act to increase the damages found by verdicts in actions upon the case; but all actions shallActions to be brought within what time. be brought during the term for which the letters-patent shall be granted or extended, or within six years after the expiration thereof. 207 Sec. 56. *And be it further enacted,* That a writ of error or appeal toWrits of error or appeal to the Supreme Court of the United States. the Supreme Court of the United States shall lie from all judgments and decrees of any circuit court, or of any district court exercising the jurisdiction of a circuit court, or of the supreme court of the District of Columbia or of any Territory, in any action, suit, controversy, or case, at law or in equity, touching patent rights, in the same manner and under the same circumstances as in other judgments and decrees of such circuit courts, without regard to the sum or value in controversy.
Sec. 57. *And be it further enacted,* That written or printed copies ofWritten, &c. copies of papers, &c. under the hand and seal of the commissioner to be competent evidence when, &c.Who entitled to copies.Foreign letters-patent. any records, books, papers, or drawings belonging to the patent office, and of letters-patent under the signature of the commissioner or acting commissioner, with the seal of office affixed, shall be competent evidence in all cases wherein the originals could be evidence, and any person making application therefor, and paying the fee required by law, shall have certified copies thereof.
And copies of the specifications and drawings of foreign letters-patent, certified in like manner, shall be prima facie evidence of the fact of the granting of such foreign letters-patent, and of the date and contents thereof. Sec. 58. *And be it further enacted,* That whenever there shall be interferingSuits in regard to interfering patents. patents, any person interested in any one of such interfering patents, or in the working of the invention claimed under either of such patents, may have relief against the interfering patentee, and all parties interested under him, by suit in equity against the owners of the interfering patent; and the court having cognizance thereof, as hereinbeforeEither patent may be declared void, &c. provided, on notice to adverse parties, and other due proceedings had according to the course of equity, may adjudge and declare either of the patents void in whole or in part, or inoperative, or invalid in any particular part of the United States, according to the interest of the parties in the patent or the invention patented.
But no such judgment or adjudicationRights of parties to the suit, &c. only affected. shall affect the rights of any person except the parties to the suit and those deriving title under them subsequent to the rendition of such judgment. Sec. 59. *And be it further enacted,* That damages for the infringementDamages for infringement of patent, how recovered. of any patent may be recovered by action on the case in any circuit court of the United States, or district court exercising the jurisdiction of a circuit court, or in the supreme court of the District of Columbia, or of any Territory, in the name of the party interested, either as patentee, assignee,Court may enter judgment for not over three times the amount of actual damages found by verdict and costs. or grantee.
And whenever in any such action a verdict shall be rendered for the plaintiff, the court may enter judgment thereon for any sum above the amount found by the verdict as the actual damages sustained, according to the circumstances of the case, not exceeding three times the amount of such verdict, together with the costs. Sec. 60. *And be it further enacted,* That whenever, through inadvertence,Patentees may maintain suits for infringements of any material part of patent, although the specifications are too large. accident, or mistake, and without any wil[l]ful default or intent to defraud or mislead the public, a patentee shall have (in his specification) claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor or discoverer as aforesaid, every such patentee, his executors, administrators, and assigns, whether of the whole or any sectional interest in the patent, may maintain a suit at law or in equity, for the infringement of any part thereof, which was bona fide his own, provided it shall be a material and substantial part of the thing patented, and be definitely distinguishable from the parts so claimed, without right as aforesaid, notwithstanding the specifications may embrace more than that of which the patentee was the original or first inventor or discoverer.
ButPlaintiff not to recover costs unless, &c. in every such case in which a judgment or decree shall be rendered for the plaintiff, no costs shall be recovered unless the proper disclaimer has been entered at the patent office before the commencement of the suit; nor shall he be entitled to the benefits of this section if he shall have unreasonably neglected or delayed to enter said disclaimer. 208 Sec. 61. *And be it further enacted,* That in any action for infringementIn actions for infringements defendant may plead the general issue, and after notice may give in evidence that, &c. the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney, thirty days before, may prove on trial any one or more of the following special matters:— First.
That for the purpose of deceiving the public the description and specification filed by the patentee in the patent office was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desired effect; or, Second. That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, Third. That it had been patented or described in some printed publication prior to his supposed invention or discovery thereof; or, Fourth.
That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. That it had been in public use or on sale in this country, for more than two years before his application for a patent, or had been abandoned to the public. And in notices as to proof of previous invention, knowledge, or use ofIn notices as to proof of previous invention, &c. defendant to state what. the thing, patented, the defendant shall state the names of patentees and the dates of their patents, and when granted, and the names and residences of the persons alleged to have invented, or to have had the prior knowledge of the thing patented, and where and by whom it had been used; and if any one or more of the special matters alleged shall be foundCosts. for the defendant, judgment shall be rendered for him with costs.
And the like defenses may be pleaded in any suit in equity for relief against an alleged infringement; and proofs of the same may be given upon likeDefences in equity. notice in the answer of the defendant, and with the like effect. Sec. 62. *And be it further enacted,* That whenever it shall appear thatPatent not to be held void on account of previous use in foreign country, if, &c. the patentee, at the time of making his application for the patent, believed himself to be the original and first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof, having been known or used in a foreign country, before his invention or discovery thereof, if it had not been patented or described in a printed publication.
Sec. 63. *And be it further enacted,* That where the patentee of any inventionExtension of patents granted prior to March 2, 1861. or discovery, the patent for which was granted prior to the second day of March, eighteen hundred and sixty-one, shall desire an extension of his patent beyond the original term of its limitation, he shall make application therefor, in writing, to the commissioner, setting forth theApplication to set forth what, and when to be filed. reasons why such extension should be granted; and he shall also furnish a written statement under oath of the ascertained value of the invention or discovery, and of his receipts and expenditures on account thereof, sufficiently in detail to exhibit a true and faithful account of the loss and profit in any manner accruing to him by reason of said invention or discovery.
And said application shall be filed not more than six monthsNo extension after expiration of original term. nor less than ninety days before the expiration of the original term of the patent, and no extension shall be granted after the expiration of said original term. Sec. 64. *And be it further enacted,* That upon the receipt of such application,Commissioner to give notice in certain newspapers of the application for extension, &c. and the payment of the duty required by law, the commissioner shall cause to be published in one newspaper in the city of Washington, and in such other papers published in the section of the country most interested adversely to the extension of the patent as he may deem proper, for at least sixty days prior to the day set for hearing the case, a notice of such application, and of the time and place when and where the same will be considered, that any person may appear and show cause why the extension should not be granted.
Sec. 65. *And be it further enacted,* That on the publication of such209 notice, the commissioner shall refer the case to the principal examinerCase to be referred to the principal examiner in that class. having charge of the class of inventions to which it belongs, who shall make to said commissioner a full report of the case, and particularly whether the invention or discovery was new and patentable when the original patent was granted. Sec. 66. *And be it further enacted,* That the commissioner shall, at theCommissioner to hear and decide the question of extension. time and place designated in the published notice, hear and decide upon the evidence produced, both for and against the extension; and if it shall appear to his satisfaction that the patentee, without neglect or fault on his part, has failed to obtain from the use and sale of his invention or discovery a reasonable remuneration for the time, ingenuity, and expense bestowed upon it, and the introduction of it into use, and that it is just and proper, having due regard to the public interest, that the term of the patentPatent to be renewed and extended for seven years, if, &c. should be extended, the said commissioner shall make a certificate thereon, renewing and extending the said patent for the term of seven years from the expiration of the first term, which certificate shall be recorded in the patent office, and thereupon the said patent shall have the sameEffect of renewal. effect in law as though it had been originally granted for twenty-one years.
Sec. 67. *And be it further enacted,* That the benefit of the extensionBenefit of extension to extend to assignees, &c. of a patent shall extend to the assignees and grantees of the right to use the thing patented to the extent of their interest therein. Sec. 68. *And be it further enacted,* That the following shall be theRates for patent fees. rates for patent fees:— On filing each original application for a patent, fifteen dollars.Application. On issuing each original patent, twenty dollars.Patent.
On filing each caveat, ten dollars.Caveat. On every application for the reissue of a patent, thirty dollars.Reissue. On filing each disclaimer, ten dollars.Disclaimer. On every application for the extension of a patent, fifty dollars.Extension. On the granting of every extension of a patent, fifty dollars. On an appeal for the first time from the primary examiners to the examiners-in-chief,Appeals. ten dollars. On every appeal from the examiners-in-chief to the commissioner, twenty dollars.
For certified copies of patents and other papers, ten cents per hundredCopies. words. For recording every assignment, agreement, power of attorney, or otherRecording. paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; of over one thousand words, three dollars. For copies of drawings, the reasonable cost of making them.Copies of drawings. Sec. 69. *And be it further enacted,* That patent fees may be paid toPatent fees to be paid to whom. the commissioner, or to the treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, national banks, or receivers of public money, designated by the Secretary of the Treasury for that purpose, who shall give the depositor a receipt or certificateReceipt.Money received to be paid over without deduction.Disbursements. of deposit therefor.
And all money received at the patent office, for any purpose, or from any source whatever, shall be paid into the treasury as received, without any deduction whatever; and all disbursements for said office shall be made by the disbursing clerk of the Interior Department. Sec. 70. *And be it further enacted,* That the treasurer of the UnitedMoney paid by mistake to be repaid. States is authorized to pay back any sum or sums of money to any person who shall have paid the same into the treasury, or to any receiver or depositary, to the credit of the treasurer, as for fees accruing at the patent office through mistake, certificate thereof being made to said treasurer by the commissioner of patents.
Sec. 71. *And be it further enacted,* That any person who, by his own210 industry, genius, efforts, and expense, has invented or produced any newPatents for new and original designs, impressions, patterns, prints, &c.; and original design for a manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for the printing of wool[l]en, silk, cotton, or other fabrics; any new and original impression, ornament, pattern, print, or picture, to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and originalor new, useful, and original shapes, &c. shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented or described in any printed publication, may, upon payment of the duty required by law, and other due proceedings had the same as in cases of inventions or discoveries, obtain a patent therefor.
Sec. 72. *And be it further enacted,* That the commissioner may dispenseModels of designs, when may be dispensed with. with models of designs when the design can be sufficiently represented by drawings or photographs. Sec. 73. *And be it further enacted,* That patents for designs may bePatents for designs granted for what term. granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant may, in his application, elect. Sec. 74. *And be it further enacted,* That patentees of designs issued priorPatentees of designs issued before March 2, 1861, entitled to extension of patents. to March two, eighteen hundred and sixty-one, shall be entitled to extension of their respective patents for the term of seven years, in the same manner and under the same restrictions as are provided for the extension of patents for inventions or discoveries, issued prior to the second day of March, eighteen hundred and sixty-one.
Sec. 75. *And be it further enacted,* That the following shall be theRates of fees in design cases. rates of fees in design cases:— For three years and six months, ten dollars. For seven years, fifteen dollars. For fourteen years, thirty dollars. For all other cases in which fees are required, the same rates as in cases of inventions or discoveries. Sec. 76. *And be it further enacted,* That all the regulations and provisionsSame regulations, &c. to apply to patents for designs as to other patents. which apply to the obtaining or protection of patents for inventions or discoveries, not inconsistent with the provisions of this act, shall apply to patents for designs.
Sec. 77. *And be it further enacted,* That any person or firm domiciledTrade-marks, who entitled to protection for, and how. in the United States, and any corporation created by the authority of the United States, or of any State or Territory thereof, and any person, firm, or corporation resident of or located in any foreign country which by treaty or convention affords similar privileges to citizens of the United States, and who are entitled to the exclusive use of any lawful trade-mark or who intend to adopt and use any trade-mark for exclusive use within the United States, may obtain protection for such lawful trade-mark by complying with the following requirements, to wit:— First.
By causing to be recorded in the patent office the names ofRecord in patent office of names of parties, &c.; the parties and their residences and place of business, who desire the protection of the trade-mark. Second. The class of merchandise and the particular description of goodsmerchandise to which trade-mark is to apply; comprised in such class, by which the trade-mark has been or is intended to be appropriated. Third. A description of the trade-mark itself, with fac-similes thereof,description of fac-simile of trade-mark, and how to be applied; and the mode in which it has been or is intended to be applied and used.
Fourth. The length of time, if any, during which the trade-mark has been used.time of use; Fifth. The payment of a fee of twenty-five dollars, in the same mannerpayment of fee; and for the same purpose as the fee required for patents. Sixth. The compliance with such regulations as may be prescribed by the commissioner of patents. Seventh. The filing of a declaration, under the oath of the person, orDeclaration under oath that the parties have the sole right to use the trade-mark, &c. of some member of the firm or officer of the corporation, to the effect that211 the party claiming protection for the trade-mark has a right to the use of the same, and that no other person, firm, or corporation has the right to such use, either in the identical form or having such near resemblance thereto as might be calculated to deceive, and that the description and fac-similes presented for record are true copies of the trade-mark sought to be protected.
Sec. 78. *And be it further enacted,* That such trade-mark shall remainTrade-mark, how long to remain in force; in force for thirty years from the date of such registration, except in cases where such trade-mark is claimed for and applied to articles not manufactured in this country and in which it receives protection under the laws of any foreign country for a shorter period, in which case it shall cease to have any force in this country by virtue of this act at the same time thatits effect. it becomes of no effect elsewhere, and during the period that it remains in force it shall entitle the person, firm, or corporation registering the same to the exclusive use thereof so far as regards the description of goods to which it is appropriated in the statement filed under oath as aforesaid, and no other person shall lawfully use the same trade-mark, or substantially the same, or so nearly resembling it as to be calculated to deceive, upon substantially the same description of goods: *Provided,* That six monthsApplication for renewal, when may be made, and how. prior to the expiration of said term of thirty years, application may be made for a renewal of such registration, under regulations to be prescribed by the commissioner of patents, and the fee for such renewal shall be theCertificate and term of renewal. same as for the original registration; certificate of such renewal shall be issued in the same manner as for the original registration, and such trademark shall remain in force for a further term of thirty years: *And providedNothing herein to affect the right to trade-mark after expiration of term of registration. further,* That nothing in this section shall be construed by any court as abridging or in any manner affecting unfavorably the claim of any person, firm, corporation, or company to any trade-mark after the expiration of the term for which such trade-mark was registered.
Sec. 79. *And be it further enacted,* That any person or corporation whoDamages for counterfeiting, &c. and affixing such trade-mark to like goods. shall reproduce, counterfeit, copy, or imitate any such recorded trade-mark, and affix the same to goods of substantially the same descriptive properties and qualities as those referred to in the registration, shall be liable to an action in the case for damages for such wrongful use of said trade-mark, at the suit of the owner thereof, in any court of competent jurisdiction in the United States, and the party aggrieved shall also haveInjunction. his remedy according to the course of equity to enjoin the wrongful use of his trade-mark and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful use.
The commissionerCertain so-called trade-marks not to be received and recorded. of patents shall not receive and record any proposed trade-mark which is not and cannot become a lawful trade-mark, or which is merely the name of a person, firm, or corporation only, unaccompanied by a mark sufficient to distinguish it from the same name when used by other persons, or which is identical with a trade-mark appropriate to the same class of merchandise and belonging to a different owner, and already registered or received for registration, or which so nearly resembles such last-mentioned trade-mark as to be likely to deceive the public: *Provided,* ThatProviso. this section shall not prevent the registry of any lawful trade-mark rightfully used at the time of the passage of this act.
Sec. 80. *And be it further enacted,* That the time of the receipt of anyTime of receipt of trade-mark at patent office to be recorded.Copies under seal, &c. to be evidence. trade-mark at the patent office for registration shall be noted and recorded, and copies of the trade-mark and of the date of the receipt thereof, and of the statement filed therewith, under the seal of the patent office, certified by the commissioner, shall be evidence in any suit in which such trade-mark shall be brought in controversy.
Sec. 81. *And be it further enacted,* That the commissioner of patentsRules, forms, &c. for transfers of right to use trade-marks. is authorized to make rules, regulations, and prescribe forms for the transfer of the right to the use of such trade-marks, conforming as nearly as practicable to the requirements of law respecting the transfer and transmission of copyrights. 212 Sec. 82. *And be it further enacted,* That any person who shall procureDamages for fraudulently procuring registry of a trade-mark. the registry of any trade-mark, or of himself as the owner thereof, or an entry respecting a trade-mark in the patent office under this act, by making any false or fraudulent representations or declarations, verbally or in writing, or by any fraudulent means, shall be liable to pay damages in consequence of any such registry or entry to the person injured thereby, to be recovered in an action on the case before any court of competent jurisdiction within the United States.
Sec. 83. *And be it further enacted,* That nothing in this act shall prevent,Rights or remedies at law or in equity as to wrongful use of trade-mark not affected hereby. lessen, impeach, or avoid any remedy at law or in equity, which any party aggrieved by any wrongful use of any trade-mark might have had if this act had not been passed. Sec. 84. *And be it further enacted,* That no action shall be maintainedTrade-marks used, &c. in unlawful business, &c. or fraudulently obtained, not, &c. under the provisions of this act by any person claiming the exclusive right to any trade-mark which is used or claimed in any unlawful business, or upon any article which is injurious in itself, or upon any trade-mark which has been fraudulently obtained, or which has been formed and used with the design of deceiving the public in the purchase or use of any article of merchandise.
Sec. 85. *And be it further enacted,* That all records and other thingsCopyrights to be under whose control and where kept. relating to copyrights and required by law to be preserved, shall be under the control of the librarian of Congress, and kept and preserved in the library of Congress; and the librarian of Congress shall have the immediate care and supervision thereof, and, under the supervision of the joint committee of Congress on the library, shall perform all acts and duties required by law touching copyrights.
The librarian shallSeal for office of librarian of Congress. cause a seal to be provided for said office, with such device as the joint committee on the library may approve, with which all records or papers issued from said office, and to be used in evidence, shall be authenticated. He shall also give an additional bond, with sureties, to the Treasurer ofAdditional bond. the United States, in the sum of five thousand dollars, with the condition that he will render to the proper officers of the treasury a true account of all moneys received by virtue of his office.
He shall also make an annual report to Congress of the number and description ofAnnual report of copyrights. copyright publications for which entries have been made during the year. And the librarian of Congress shall receive a yearly compensationSalary of librarian. of four thousand dollars, to commence when this act shall take effect. Sec. 86. *And be it further enacted,* That any citizen of the UnitedSubject-matters of copyright. States, or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and his executors, administrators, or assigns, shall, upon complying with the provisions of this act, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others; and authors may reserve the right to dramatize or to translate their own works.
Sec. 87. *And be it further enacted,* That copyrights shall be grantedCopyrights granted for what term; for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. Sec. 88. *And be it further enacted,* That the author, inventor, or designer,when and how continued for further term. if he be still living and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to213 original copyrights, within six months before the expiration of the first term.
And such person shall, within two months from the date of saidCopy of record to be published within two months of the renewal. renewal, cause a copy of the record thereof to be published in one or more newspapers, printed in the United States, for the space of four weeks. Sec. 89. *And be it further enacted,* That copyrights shall be assignableAssignments of copyrights; in law, by any instrument of writing, and such assignment shall be recorded in the office of the librarian of Congress within sixty days afterto be void as against, &c. if not recorded within, &c. its execution, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice.
Sec. 90. *And be it further enacted,* That no person shall be entitled toNo person entitled to copyright unless, &c.Printed copy of title, &c. a copyright unless he shall, before publication, deposit in the mail a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which he desires a copyright, addressed to the librarian of Congress, and, within ten days from the publication thereof, deposit in the mail two copies of such copyright book or otherCopies of copyright book, &c. article, or in case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the same, to be addressed to said librarian of Congress, as hereinafter to be provided.
Sec. 91. *And be it further enacted,* That the librarian of CongressRecord by librarian of Congress. shall record the name of such copyright book, or other article, forthwith in a book to be kept for that purpose, in the words following: “Library of Congress, to wit. Be it remembered that on the ——— day of ———, anno Domini ———, A. B., of ———, hath deposited in this office the title of a book, (map, chart, or otherwise, as the case may be, or description of the article,) the title or description of which is in the following words, to wit;
(here insert the title or description.) the right whereof he claims as author, originator, (or proprietor, as the case may be,) in conformity with the laws of the United States respecting copyrights. C. D., Librarian of Congress.” And he shall give a copy ofCopy under his seal to proprietor. the title or description, under the seal of the librarian of Congress, to said proprietor whenever he shall require it. Sec. 92. *And be it further enacted,* That for recording the title or descriptionFees for recording title; of any copyright book or other article, the librarian of Congress shall receive, from the person claiming the same, fifty cents; and for every copy under seal actually given to such person or his assigns,for copy under seal;for recording assignment. fifty cents; and for recording any instrument of writing for the assignment of a copyright, fifteen cents for every one hundred words; and for every copy thereof, ten cents for every one hundred words, which moneys, so received, shall be paid into the treasury of the United States.
Sec. 93. *And be it further enacted,* That the proprietor of every copyrightTwo copies of best edition to be sent to librarian of Congress, and a copy of each subsequent edition. book or other article shall mail to the librarian of Congress at Washington, within ten days after its publication, two complete printed copies thereof, of the best edition issued, or description or photograph of such article as hereinbefore required, and a copy of every subsequent edition wherein any substantial changes shall be made.
Sec. 94. *And be it further enacted,* That in default of such deposit inPenalty in default of deposit, and how collected. the post-office, said proprietor shall be liable to a penalty of twenty-five dollars, to be collected by the librarian of Congress, in the name of the United States, in an action of debt, in any district court of the United States within the jurisdiction of which the delinquent may reside or be found. Sec. 95. *And be it further enacted,* That any such copyright book orCopyrights to be free of postage. other article may be sent to the librarian of Congress by mail, free of postage, provided the words “Copyright matter” are plainly written or printed on the outside of the package containing the same. 214 Sec. 96. *And be it further enacted,* That the postmaster to whomPostmaster to give receipts for copyrights and forward without cost. such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination, without cost to the proprietor.
Sec. 97. *And be it further enacted,* That no person shall maintain an actionActions for infringements of copyright not to be maintained unless, &c. for the infringement of his copyright unless he shall give notice thereof by inserting in the several copies of every edition published, on the title page or the page immediately following, if it be a book; or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same shall be mounted, the following words, viz.:
“Entered according to act of Congress, in the year ———, by A. B., in the office of the librarian of Congress, at Washington.” Sec. 98. *And be it further enacted,* That if any person shall insert orPenalty for inserting, &c. notice of copyright in book, &c. not copyrighted; impress such notice, or words of the same purport, in or upon any book, map, chart, musical composition, print, cut, engraving, or photograph, or other articles herein named, for which he has not obtained a copyright, every person so offending shall forfeit and pay one hundred dollars; one moiety thereof to the person who shall sue for the same, andhow distributed. the other to the use of the United States, to be recovered by action in any court of competent jurisdiction.
Sec. 99. *And be it further enacted,* That if any person, after the recordingDamages for violations of copyrights of books; of the title of any book as herein provided, shall within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, such offender shall forfeit every copy thereof to said proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction.
Sec. 100. *And be it further enacted,* That if any person, after the recordingmaps, charts, prints, &c.; of the title of any map, chart, musical composition, print, cut, engraving, or photograph, or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as herein provided, shall, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the said proprietor all the plates on which the same shall be copied, and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale; and in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or which have by him been sold or exposed for sale; one moiety thereof to the proprietor and the other to the use of the United States, to be recovered by action in any court of competent jurisdiction.
Sec. 101. *And be it further enacted,* That any person publicly performingdramatic compositions. or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable for damages therefor, to be recovered by action in any court of competent jurisdiction; said damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent performance, as to the court shall appear to be just. 215 Sec. 102. *And be it further enacted,* That any person who shall printDamages for printing or publishing any manuscript without consent of author, &c. or publish any manuscript whatever, without the consent of the author or proprietor first obtained, (if such author or proprietor be a citizen of the United States, or resident therein,) shall be liable to said author or proprietor for all damages occasioned by such injury, to be recovered by action on the case in any court of competent jurisdiction.
Sec. 103. *And be it further enacted,* That nothing herein containedPrinting, sale, &c. of books, &c. made by aliens or non-residents, not prohibited. shall be construed to prohibit the printing, publishing, importation, or sale of any book, map, chart, dramatic or musical composition, print, cut, engraving, or photograph, written, composed, or made by any person not a citizen of the United States nor resident therein. Sec. 104. *And be it further enacted,* That no action shall be maintainedActions under copyright laws to be commenced in two years. in any case of forfeiture or penalty under the copyright laws, unless the same is commenced within two years after the cause of action has arisen.
Sec. 105. *And be it further enacted,* That in all actions arising underDefences to such actions. the laws respecting copyrights the defendant may plead the general issue, and give the special matter in evidence. Sec. 106. *And be it further enacted,* That all actions, suits, controversies,Circuit and district courts of the United States to have jurisdiction of copyright cases. and cases arising under the copyright laws of the United States shall be originally cognizable, as well in equity as at law, whether civil or penal in their nature, by the circuit courts of the United States, or any district court having the jurisdiction of a circuit court, or in the supreme court of the District of Columbia, or any Territory.
And the court shallEquity powers. have power, upon bill in equity, filed by any party aggrieved, to grant injunctions to prevent the violation of any right secured by said laws, according to the course and principles of courts of equity, on such terms as the court may deem reasonable. Sec. 107. *And be it further enacted,* That a writ of error or appeal toWrits of error and appeals. the Supreme Court of the United States shall lie from all judgments and decrees of any court, in any action, suit, controversy, or case touching copyrights in the same manner and under the same circumstances as in other judgments and decrees of such courts, without regard to the sum or value in controversy.
Sec. 108. *And be it further enacted,* That in all recoveries under theCosts. copyright laws, either for damages, forfeitures, or penalties, full costs shall be allowed thereon. Sec. 109. *And be it further enacted,* That all books, maps, charts,Books, maps, &c. received by Department of Interior to be under control of librarian of Congress, who has charge of copyrights. and other publications of every nature whatever, heretofore deposited in the Department of the Interior, according to the laws regulating copyrights, together with all the records of said department, and all records concerning the same which were removed by the Department of the Interior from the Department of State, shall be removed to and be under the control of the librarian of Congress, who is hereby charged with all the duties pertaining to copyrights required by law.
Sec. 110. *And be it further enacted,* That the clerk of each of theClerks of district courts to send to librarian of Congress all books, &c. deposited and now in their offices, and all records of copyrights.Duplicate copies, how distributed. district courts of the United States shall transmit forthwith to the librarian of Congress all books, maps, prints, photograp[h]s, music, and other publications of every nature whatever, deposited in the said clerk’s office, and not heretofore sent to the Department of the Interior, at Washington, together with all records of copyright in his possession, including the titles so recorded, and the dates of record: *Provided,* That where there are duplicate copies of legal, scientific, or mechanical works, one copy of each may be deposited in the library of the patent office, for which a receipt shall be given by the commissioner of patents to the librarian of Congress. 216 REPEALING CLAUSE AND SCHEDULE.
Sec. 111. *And be it further enacted,* That the acts and parts of actsRepealing clause. set forth in the schedule of acts cited, hereto annexed, are hereby repealed, without reviving any acts or parts of acts repealed by any of said acts, or by any clause or provisions therein: *Provided, however,* ThatSaving of existing rights and actions; the repeal hereby enacted shall not affect, impair, or take away any right existing under any of said laws; but all actions and causes of action, both in law and in equity, which have arisen under any of said laws, may be commenced and prosecuted, and if already commenced may be prosecuted to final judgment and execution, in the same manner as though this act had not been passed, excepting that the remedial provisions of this act shall be applicable to all suits and proceedings hereafter commenced: *And provided also,* That all applications for patents pending at the timepending applications for patents; of the passage of this act, in cases where the duty has been paid, shall be proceeded with and acted on in the same manner as though filed after the passage thereof: *And provided further,* That all offences which areoffences, penalties, and forfeitures. defined and punishable under any of said acts, and all penalties and forfeitures created thereby, and incurred before this act takes effect, may be prosecuted, sued for, and recovered, and such offences punished according to the provisions of said acts, which are continued in force for such purpose. *Schedule of Statutes cited and repealed as printed in the Statutes at LargeSchedule of statutes cited and repealed., including such Portions only of the Appropriation Bills referred to as are applicable to the Patent Office.* PATENTS.Patents.
Act of July 4, 1836, chapter 357, volume 5, page 117. March 3, 1837, chapter 45, volume 5, page 191. March 3, 1839, chapter 88, volume 5, page 353. August 29, 1842, chapter 263, volume 5, page 543. August 6, 1846, chapter 90, volume 9, page 59. May 27, 1848, chapter 47, volume 9, page 231. March 3, 1849, chapter 108, volume 9, page 395. March 3, 1851, chapter 32, volume 9, page 617. August 30, 1852, chapter 107, volume 10, page 75. August 31, 1852, chapter 108, volume 10, page 76.
March 3, 1853, chapter 97, volume 10, page 209. April 22, 1854, chapter 52, volume 10, page 276. March 3, 1855, chapter 175, volume 10, page 643. August 18, 1856, chapter 129, volume 11, page 81. March 3, 1859, chapter 80, volume 11, page 410. February 18, 1861, chapter 37, volume 12, page 130. March 2, 1861, chapter 88, volume 12, page 246. March 3, 1863, chapter 102, volume 12, page 796. June 25, 1864, chapter 159, volume 13, page 194. March 3, 1865, chapter 112, volume 13, page 533.
June 27, 1866, chapter 143, volume 14, page 76. March 29, 1867, chapter 17, volume 15, page 10. July 20, 1868, chapter 177, volume 15, page 119. July 23, 1868, chapter 227, volume 15, page 168. March 3, 1869, chapter 121, volume 15, page 293. COPYRIGHTS.Copyrights. Act of February 15, 1819, chapter 19, volume 3, page 481. February 3, 1831, chapter 16, volume 4, page 436. June 30, 1834, chapter 157, volume 4, page 728. 217FORTY-FIRST CONGRESS. Sess. II. Ch. 230, 235. 1870. August 18, 1856, chapter 169, volume 11, page 138.
February 5, 1859, chapter 22, volume 11, page 380. February 18, 1861, chapter 37, volume 12, page 130. March 3, 1865, chapter 126, volume 13, page 540. February 18, 1867, chapter 43, volume 14, page 395. Approved, July 8, 1870.