§4. And be it further enacted, That it may be lawful for the The President President of the United States to cause the sum of one dollar and may cause $11 per acre twenty-five cents per acre to be paid to the Creek Indians, whose to be paid to names were omitted to be entered on the census-roll taken under certain Creek the treaty of eighteen hundred and thirty-two, and to those whose Indians. names appear on said roll, but for whom no locations have been made, who shall appear, from proper evidence, to be justly entitled to reservations under the provisions of said treaty: Provided, Proviso. That the sums thus payable under this section may be invested in stocks upon the same terms and conditions, and under the same regulations and restrictions as are herein before prescribed in respect to moneys payable under the first and second sections of this act: Provided further, That no transfer by the person entitled Proviso.

under this section shall be valid.

§ 5. And be it further enacted, That for the purpose of carrying into effect the provisions of the three first sections of this act, the sum of ten thousand dollars be and the same is hereby appropriated, together with such sum as may be necessary to carry into effect the fourth section thereof. [Approved, March 3d, 1837.]

Money approry this act into effect.

priated to car.

2516.

CHAP. 410. An act explanatory of the act entitled "An act granting Act of 1836, half-pay to widows and orphans where their husbands and fathers 362, ante p. have died of wounds received in the military service of the United States, and for other purposes.

to be withheld

§ 1. Be it enacted, &c. That the benefits of the third section of The benefits the act entitled "An act granting half-pay to widows and orphans, of the act not where their husbands and fathers have died of wounds received from any widin the military service of the United States, and for other purpo- ow in conseses," approved the fourth day of July, eighteen hundred and thir- quence of her ty-six, shall not be withheld from any widow, in consequence of having mar her having married after the decease of the husband for whose services she may claim to be allowed a pension or annuity under said act: Provided, That she was a widow at the time it was Proviso. passed.

ried, &c.

continued in

§ 2. And be it further enacted, That the widow of any person Widows of who continned in the service of the United States until the third persons who day of November, seventeen hundred and eighty-three, and was service to 3d married before that day, and while her husband was in such ser- November, vice, shall be entitled to the benefits of the third section of the 1783, and aforesaid act. [Approved, March 3d, 1837.]

CHAP. 411. An act to continue the office of Commissioner of Pensions.

were before that day, &c. entitled.

§ 1. Be it enacted, &c. That the office of commissioner of Continued to pensions shall be and the same is hereby continued, until the fourth 4th March, day of March, eighteen hundred and forty.

1840.

sioner to be appointed by the President,

§2. And be it further enacted, That a commissioner of pensions A commis. shall be appointed by the President of the United States, by and with the advice and consent of the senate; and that he shall execute, under the direction of the secretary of war, such duties in &c. relation to the various pension laws as may be prescribed by the President.

§ 3. And be it further enacted, That the said commissioner His salary,

&c.

Patents issu. ed, and as

signments executed and

recorded prior

to 15th De

cember, 1836,

may be recorded anew, &c.

shall receive an annual salary of three thousand dollars; and have the privilege of sending and receiving letters and packets by mail free of postage. [Approved, March 3d, 1837.]

CHAP. 413. An act in addition to the act to promote
science and useful arts.

§ 1. Be it enacted, &c. That any person who may be in possession of, or in any way interested in, any patent for an invention, discovery, or improvement, issued prior to the fifteenth day of December, in the year of our Lord one thousand eight hundred and thirty-six, or in an assignment of any patent, or interest therein, executed and recorded prior to the said fifteenth day of December, may, without charge, on presentation or transmission thereof to the commissioner of patents, have the same recorded anew in the patent office, together with the descriptions, specifica. tions of claim and drawings annexed or belonging to the same; and it shall be the duty of the commissioner to cause the same, or any authenticated copy of the of the original record, specification, or drawing which he may obtain, to be transcribed and copied into books of record to be kept for that purpose; and wherever a drawing was not originally annexed to the patent and referred to in the specification, and drawing produced as a delineation of the invention, being verified by oath in such manner as the commissioner shall require, may be transmitted and placed on file or copied as aforesaid, together with the certificate of the oath; or such drawings may be made in the office, under the direction of Measures to the commissioner, in conformity with the specification. And it shall be the duty of the commissioner to take such measures as may be advised and determined by the board of commissioners provided for in the fourth section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being so Clerks of the transcribed and recorded. And it shall be the duty of each of the judicial courts several clerks of the judicial courts of the United States, to transUS. to trans- mit, as soon as may be, to the commissioner of the patent office, ments of au- a statement of all the authenticated copies of patents, descriptions, specifications, and drawings of inventions and discoveries made and executed prior to the aforesaid fifteenth day of December, which may be found on the files of his office; and also to make

be taken to obtain pat. ents, &c. to

be recorded,

&c.

mit state.

thenticated

copies of patenis, &c. pri

or to 15th December, 1836, &c.

Certified copies of such record, &c. to

out and transmit to said commissioner, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing, which shall be specially required by said commissioner. § 2. And be it further enacted, That copies of such record and drawings, certified by the commissioner, or, in his absence, be evidence in by the chief clerk, shall be prima facie evidence of the particulars any judicial of the invention and of the patent granted therefor, in any judicial court of the United States, in all cases where copies of the original record or specification and drawings would be evidence, without No patent,&c. proof of the loss of such originals; and no patent issued prior to issued, &c., the aforesaid fifteenth day of December shall, after the first day prior to 15th December, of June next, be received in evidence in any of the said courts 1836, to be in behalf of the patentee or other person who shall be in possesreceived in sion of the same, unless it shall have been so recorded anew, and

court U. S., &c.

ter 1st June

a drawing of the invention, if separate from the patent, verified evidence in as aforesaid, deposited in the patent office; nor shall any written said courts afassignment of any such patent, executed and recorded prior to next, unless the said fifteenth day of December, be received in evidence in recorded any of the said courts in behalf of the assignee or other person in anew. possession thereof, until it shall have been so recorded anew.

to be issued

ber, 1836.

§3. And be it further enacted, That whenever it shall appear New patents to the commissioner that any patent was destroyed by the burning for those lost of the patent office building on the aforesaid fifteenth day. of or destroyed December, or was otherwise lost prior thereto, it shall be his duty, on or before on application therefor by the patentee or other person interested 15th Decemtherein, to issue a new patent for the same invention or discovery bearing the date of the original patent, with his certificate thereon that it was made and issued pursuant to the provisions of the third section of this act, and shall enter the same of record: Provided, Proviso. however, That before such patent shall be issued, the applicant therefor shall deposite in the patent office a duplicate, as near as may be, of the original model, drawings, and description, with specification of the invention or discovery, verified by oath, as shall be required by the commissioner; and such patent and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in any judicial court of the United States, and shall protect the rights of the patentee, his administrators, heirs, and assigns, to the extent only in which they would have been protected by the original patent and specification.

els to be pro

§ 4. And be it further enacted, That it shall be the duty of Duplicates of the commissioner to procure a duplicate of such of the models certain moddestroyed by fire on the aforesaid fifteenth day of December, as cured. were most valuable and interesting, and whose preservation would be important to the public; and such as would be necessary to facilitate the just discharge of the duties imposed by law on the commissioner in issuing patents, and to protect the rights of the public and of patentees in patented inventions and improvements: Provided, That a duplicate of such models may be ob- Provisocs. tained at a reasonable expense: And provided, also, That the whole amount of expenditure for this purpose shall not exceed the sum of one hundred thousand dollars. And there shall be a tem- A temporary porary board of commissioners, to be composed of the commis- board of comsioner of the patent office and two other persons to be appointed be appointed; by the President, whose duty it shall be to consider and determine their duties. upon the best and most judicious mode of obtaining models of suitable construction; and, also, to consider and determine what models may be procured in pursuance of, and in accordance with, the provisions and limitations in this section contained. And said commissioners may make and establish all such regulations, terms, and conditions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provisions of this section into effect, according to its true intent.

missioners to

under 13th

§ 5. And be it further enacted, That, whenever a patent shall Patents rebe returned for correction and re-issue under the thirteenth section turned for corof the act to which this is additional, and the patentee shall desire rection, &c. several patents to be issued for distinct and separate parts of the section of act thing patented, he shall first pay, in manner and in addition to the to which this VOL. IV.

57

&c.

Proviso.

is additional, sum provided by that act, the sum of thirty dollars for each additional patent so to be issued: Provided, however, That no patent made prior to the aforesaid fifteenth day of December, shall be corrected and re-issued until a duplicate of the model and drawing of the thing as originally invented, verified by oath as shall be required by the commissioner, shall be deposited in the patent office;

No addition,

made to any

Nor shall any addition of an improvement be made to any &c. to be patent heretofore granted, nor any new patent be issued for an patent hereto. improvement made in any machine, manufacture, or process, to fore granted, the original inventor, assignee, or possessor, of a patent therefor, &c. until a nor any disclaimer be admitted to record until a duplicate model verified dupli- and drawing of the thing originally intended, verified as afore&c. is deposi. said, shall have been deposited in the patent office, if the commis

cate model,

ted, &c.

Compensation for models,

&c.

Patents here

sued.

sioner shall require the same; nor shall any patent be granted for an invention, improvement, or discovery, the model or drawing of which shall have been lost, until another model and drawing, if required by the commissioner, shall, in like manner, be deposited in the patent office;

And in all such cases, as well as in those which may arise under the third section of this act, the question of compensation for such models and drawings, shall be subject to the judgment and decision of the commissioners provided for in the fourth section, under the same limitations and restrictions as are therein prescribed.

§ 6. And be it further enacted, That any patent hereafter to after to be is be issued, may be made and issued to the assignee or assignees of the inventor or discoverer, the assignment thereof being first entered of record, and the application therefor being duly made, and the specification duly sworn to by the inventor. And in all cases hereafter, the applicant for a patent shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which to be deposited in the office, and the other to be annexed to the patent, and considered a part of the specification.

Whenever

make dis

claimer, &c.

§7. And be it further enacted, That, whenever any patentee any patentee shall have, through inadvertence, accident, or mistake, made his shall, through inadvertence, specification of claim too broad, claiming more than that of which &c. make his he was the original or first inventor, some material and substanspecification tial part of the thing patented being truly and justly his own, any too broad, &c. such patentee, his administrators, executors, and assigns, whether he, &c. may of the whole or of a sectional interest therein, may make disclaimer of such parts of the thing patented as the disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original specification, to the extent of the interest which shall be possessed in the patent or right secured thereby, by the disclaimant, and by those claiming by or under him subsequent to the record thereof. But no such disclaimer shall affect any action pending at the time of its being

filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same.

8. And be it further enacted, That, whenever application Applications for additions shall be made to the commissioner for any addition of a newlyto newly disdiscovered improvement to be made to an existing patent, or covered imwhenever a patent shall be returned for correction and re-issue, provements to the specification of claim annexed to every such patent shall be be made to ex isting patents, subject to revision and restriction, in the same manner as are &c. original applications for patents; the commissioner shall not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with the decision of the commissioner; and in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law in the case of original applications for patents.

patentee

part of the

§ 9. And be it further enacted, any thing in the fifteenth sec- When by mistion of the act to which this is additional to the contrary notwith- take, &c. any standing, That, whenever by mistake, accident, or inadvertence, claims to be and without any wilful default or intent to defraud or mislead the the original public, any patentee shall have in his specification claimed to be inventor of the original and first inventor or discoverer of any material or thing patentsubstantial part of the thing patented, of which he was not the first ed, of which and original inventor, and shall have no legal or just right to he was not, claim the same, in every such case the patent shall be deemed &c. good and valid for so much of the invention or discovery as shall be truly and bona fide his own: Provided, it shall be a material Proviso. and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed without right as aforesaid. And every such patentee, his executors, administrators, and assigns, whether of the whole or of a sectional interest therein, shall be entitled to maintain a suit at law or in equity on such patent for any infringement of such part of the invention or discovery as shall be bona fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which a judgment or verdict shall be rendered for the plaintiff, he shall not be entitled to recover costs against the defendant, unless he shall have entered at the patent office, prior to the commencement of the suit, a disclaimer of all that part of the thing patented which was so claimed without right: Provided, however, That no person Proviso. bringing any such suit shall be entitled to the benefits of the provisions contained in this section who shall have unreasonably neglected or delayed to enter at the patent office a disclaimer as aforesaid.

receive and

§ 10. And be it further enacted, That the commissioner is Agents to be hereby authorised and empowered to appoint agents in not exceed- appointed to ing twenty of the principal cities or towns in the United States as forward modmay best accommodate the different sections of the country, for els, &c.

purpose of receiving and forwarding to the patent office all such models, specimens of ingredients and manufactures, as shall