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seven years longer, or Congress will pass a special act 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 seventeen, instead of fourteen years, and prohibiting any extension of such patents.

An inventor, before he can obtain a patent, must swear that he believes 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, 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

6. Is appointed by the President and Senate. His duties 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 privilege of sending and receiving letters and packages by mail, relating to the business 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.

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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.

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1. A COPYRIGHT is an exclusive privilege given to any citizen of the United States to print, publish or 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 receive 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. Since the publication of the former edition of this work, Congress has so changed the law relating to copyrights, that in order to show what it is, instead of what it was, we have to strike out nearly the whole of this chapter, as it was in the former editions, so as to make room for the law as it now stands.

Up to 1849, the department of the Secretary of State was charged with the duty of issuing copyrights, and with all matters pertaining thereto; after that date it was transferred to the Department of the Interior, and then by an act passed July 8, 1870, the Librarian of Congress was authorized and it was made his duty to perform all acts and duties touching copyrights. To him also the author must send copies of the copyright book, or other articles, instead of sending them to the Secretary of the Interior as heretofore.

3. When the author has complied with all the provisions of the law, it is made the duty of the Librarian of Congress to give him a certificate to that effect, which

is the proof that he is entitled to the copyright. This gives the author the exclusive right to print, publish and sell the work for the term of 28 years, and by the act of 1870 this term may be extended to 14 years more, by compliance with certain provisions of laws made for that purpose.

In case a copyright is assigned from the owner to another party, the assignment (to be valid against any subsequent purchaser) must be recorded in the office of the Librarian of Congress.

By the law as it now stands, not only citizens of the United States, but residents therein may obtain copyrights.

4. Suits brought by the owner of a copyright, for any violation of the law must always be brought in the U.S. courts, and never in state courts, and they must be brought within two years after the cause of action has

arisen.

Copyrights may be obtained not only for books, but also for maps, charts, dramatic or musical compositions, cuts, prints, photographs, paintings, drawings, chromos &c. And whatever rights the author had in any of the above named articles continue in his executors, administrators or assigns.

No copyright can be obtained, unless the person entitled to it shall, before publication, deposit in the mail a printed copy of the title of the book or other article, or a description of it, addressed to the Librarian of Congress, and within ten days of the publication thereof deposit in the mail two copies of such copyright book or other article, addressed to the same officer.

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