CHAPTER LXVII. Patent Office, Patent Rights, and Commissioner of Patents: 1. THE foundation of our patent laws is found in the Constitution of the United States. In the powers it confers on Congress, the following is found, "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." On this authority, Congress has passed numerous acts for this purpose. We find one of this kind, as early as 1790. 2. A patent right is an exclusive right, granted by an officer denominated the Commissioner of Patents, in conformity to law, to the inventor or discoverer of any new and useful article. This exclusive right is conferred by acts of Congress, on compliance of the inventor with cer tain conditions which are clearly specified in the law. The evidence that such exclusive right has been conferred on any individual, is contained in a document, called "Letters patent,". issued at the Patent office in Washington; signed by the Secretary of the Interior, (formerly by Secretary of State), countersigned by the Commissioner of Patents, and sealed with the seal of his office. Thus pro tected, he alone can make use and sell the article he has invented, for the term of 14 years; and upon showing a good reason therefor, the Commisioner will extend the term to 7 years longer; or Congress will pass a special ac for that purpose. 3. This was the law up to 1861; and is still in force as to patents granted anterior to that date. But a new act was then passed, extending the term of an original patent to 17, instead of 14 years, and prohibiting any extension of such patents. An inventor, before he can obtain a patent, must swear, that he believes that he is the inventor or discoverer of the art, machine or improvement, for which he solicits a patent. He must also give in writing a clear and minute description of it; and, when necessary, must make and deliver a model of his invention; which in all cases must be something new, unused and unknown before; or his application will be rejected. There is considerable expense attending the procurement of a patent right. 4. But when obtained, no person except the patentee, has any right to make, sell or use the article patented, until the time has expired, for which this exclusive right was granted, without the permission of the patentee. Any person doing so, is liable to a heavy penalty, and may be prosecuted in the Circuit Court of the United States; this court having original jurisdiction in all cases arising under the patent laws. But a writ of error or an appeal lies to the Supreme Court of the United States. 5. The Patent Office when first established was a Bureau of the State department, and the Commissioner of Patents acted under the direction of the Secretary of State. But after the creation of the Department of the Interior, in 1849, it was transferred to it, became a Bureau of the new department, and the Commissioner now acts under the general direction of its Secretary. THE COMMISSIONER OF PATENTS His du 6. Is appointed by the President and Senate. ties are best explained in the language of the law itself, which in speaking of the creation and appointment of this official, says that his duties shall be, "to superintend, execute and perform, all such acts and things touching and respecting the granting and issuing of patents for new and useful discoveries, inventions and improvements, as are herein provided for, or shall hereafter be, by law directed to be done, and performed." He has the charge and custody of all books, records, papers, models, machines, and all other things belonging to the Patent Office; and has the privelege of sending and receiving letters and packages by mail, relating to the bu siness of the office, free of postage. He has the power to appoint his clerks, examiners and subordinates: among whom are Patent Office agents, who may be appointed in not more than twenty of the principal cities and towns in the United States. It is their duty to forward to the Patent Office all such models, specimens, and manufactures, as shall be intended to be patented. 7. In cases of appeal from the decision of the Commissioner, the appeal may be made to the Board of Examiners, or to the Chief Justice of the District Court of the United States for the District of Columbia. There is a seal for the Patent Office, which the Commissioner keeps, and which he must affix to patents when granted, and to other papers and records issued from his office, which are wanted as evidence in other places. He is also authorized to publish a classified and alphabetical list of all patents issued at the Patent Office. This he frequently does, for the information of the public. CHAPTER LXVIIL Copyrights. 1. A COPYRIGHT is an exclusive privilege given to any citizen of the United States to print, publish, and sell any book, map, chart, engraving, or musical composition of which he or she is the author. This right is given by the laws of Congress. No State can give it. The object of the law is to encourage authors, and to compensate them for their labors. This compensation they would not recieve if everybody might print and publish their productions. A copyright is a kind of property, and may be sold and inherited like other property. 2. A compliance with the laws on this subject is necessary, however, before the right can be secured. First, the author must deposit in the office of the Clerk of the United States District Court of the district in which he resides, a printed copy of the title page of such book, map, chart, &c., and this must be recorded in the clerk's office. Second, within three months after the publication of the book or other work, the author must deposit a copy of it in the office of the same clerk. Third, he must also give information to the public, by causing to be inserted on the title page, or on the page immediately following it, the following words, viz., "Entered according to act of Congress, in the year , by A. B., in the Clerk's office of |