CHAPTER X.

An Act to repeal Part of a Refolution of Congrefs of the twenty-ninth of August, one thoufand feven hundred and eighty-eight, respecting the Inhabitants of Poft Saint Vincents.

E by the Senate and House of

BRepresentatives of the United States of Ame- Inhabitants

t

relieved

certain fur

rica in Congress affembled, That fo much of the of Post Șt.
refolution of Congress of the twenty-ninth of Vincents
Auguft, one thousand seven hundred and eigh- from 1-
ty-eight, as requires the French and Canadian penfe of
inhabitants, and other fettlers at Poft Saint veys.
Vincents, to pay for the furvey of the feveral
tracts, which they rightfully claimed, and which
had been allotted to them, according to the
laws and ufages of the government, under
which they had fettled, be, and hereby is re-
pealed: And that fuch furveys thereof, as
may have been made, be paid for by the United
States, not exceeding the rates hitherto establish-
ed by Congress for making furveys.

JONATHAN TRUMBULL, Speaker
of the House of Reprefentatives.

JOHN ADAMS, Vice-President of the United
States, and Prefident of the Senate.

APPROVED, February twenty-first, 1793:

GEORGE WASHINGTON,

Prefident of the United States.

a

میای

Letters pa

made out.

CHAPTER XI.

An Act to promote the Progress of useful Arts ; and to repeal the Act heretofore made for that Purpose.

Sec. I.

B E it enacted by the Senate and Houfe of Reprefentatives of the United States of America, in Congress affembled, That when any perfon or perfons being a ciWas waived 24 "tizen or citizens of the United States, shall aimay tent how & ledge that he or they have invented any new obtaine by whom and ufeful art, machine, manufacture or comPatent pofition of matter, or any new and useful improvement on any art, machine, manufacture or compofition of matter, not known or used before the application, and fhall present a petition to the Secretary of State, fignifying a defire of obtaining an exclufive property in the fame, and praying that a patent may be granted therefor, it shall and may be lawful for the faid Secretary of State, to caufe letters patent to be made out in the name of the United States, bearing teft by the Prefident of the United States, reciting the allegations and fuggestions of the faid petition, and giving a fhort defcripTo bear tion of the faid invention or difcovery, and Prefident, thereupon granting to fuch petitioner, or petitioners, his, her or their heirs, administrators or affigns, for a term not exceeding fourteen years, the full and exclufive right and liberty of making, conftructing, ufing and vending to others to be used, the faid invention or discovery, which letters patent shall be delivered to the Attorney General of the United States, to be examined; who, within fifteen days after fuch delivery, if he finds the fame conformable to this act, shall certify accord

teft by the

and

ingly at the foot thereof, and return the fame to the Secretary of State, who shall present the letters patent thus certified, to be figned, and fhall caufe the feal of the United States to be thereto affixed: and the fame shall 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 liber enacted, 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 compo fition of matter, which fhall have been patented, and shall have obtained a patent for fuch improvement, he shall not be at liberty to make, ufe or vend the original discovery, nor fhall 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 difcovery.

obtain let

Sec. 3. And be it further enacted, That every How to inventor, before he can receive a patent, fhall proceed to fwear or affirm, that he does verily believe, ters pa 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 using, 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

with which it is moft nearly connected, to make, compound, and use the fame. And in the cafe of any machine, he thall 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 diftinguished 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 attested 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 Inventors fhall be lawful for any inventor, his executor may affign their titles. or administrator, 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, fhall thereafter stand in the place of the original inventor, both as to right and refponfibility, and fo the affignees of affigns, to any degree.

Forfeiture patented inventions

on using

without ⚫ leave.

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

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

may give

Sec. 6. Provided always, and be it further How deenacted, That the defendant in fuch action fendants fhall be permitted to plead the general iffue, this act in and give this act and any special 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 purpofe of deceiving the public, or that the thing, thus fecured by patent, was not originally difcovered by the patentee, but had been in ufe, 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 difcovery of another perfon: in either of ment shall which cafes, judgment fhall be rendered for the defendant, with cofts, and the patent shall be declared void.

be given.

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.

to inventi. ons when