cation therefor, in writing, to the Commissioner of Patents, and file in the Patent Office a written description of his invention or discovery, and of the manner and process of making, constructing, compounding, and using the same, 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 a machine, he must 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 must particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery, such specification and claim to be signed by the inventor and attested by two witnesses. And when the nature of the case admits of drawings, the appli cant is required to furnish one copy, signed by himself or his attorney, also attested by two witnesses, a copy of which is to be attached to the patent as a part of the specification. (R. S., § 4886, 4888.)

1328. If required by the Commissioner, specimens of ingredients, samples of composition, or a model of convenient size to exhibit advantageously the several parts of his invention or discovery, as the case may be, must be furnished. (R. S., §§ 4890, 4891.)

1329. The applicant is required to make oath that he verily believes himself to be the original and first inventor or discoverer of the art, machine, manufacture, composi tion, or improvement for which he solicits a patent; that he does not know or believe that the same was ever before known or used, stating the country of which he is a citizen. (R. S., § 4892.)

1330. Patents may be issued to the assignee of the inventor or discoverer, the assignment being first entered

of record in the Patent Office. The application in such cases, however, and the specifications, must be sworn to by the inventor or discoverer. They may also be issued to the executors or administrators, in trust for the heirs at law, of a deceased inventor or discoverer, in case he shall have died intestate, or otherwise in trust for his devisees, the oath or affidavit on application to be varied in form according to the circumstances. (R. S., §§ 4895, 4896.)

1331. A person who has made a new invention or discovery, desiring further time to mature the same, may, on payment of the fees, file in the Patent Office a caveat, setting forth the design and distinguishing characteristics and praying protection of his right until he shall have matured his invention, such caveat to be operative for one year. This privilege is extended to an alien, if he has resided in the United States one year next preceding the filing of his caveat and has made oath of his intention to become a citizen. If application is made by another person for a patent with which this caveat would interfere, notice is required by law to be given by mail to the caveator, and if he desires still to avail himself of such caveat he must file his specifications, &c., within three months from the time such notice should reach him. (R. S., § 4902.)

1332. When an application is rejected, the applicant is served with notice and with the reasons for such rejection, also with further information, to enable him to judge of the propriety of renewing his application or of altering his specifications. If he persists in his claim, a re-examination is ordered by the Commissioner. (R. S., § 4903.)

1333. An applicant for a patent, or for the reissue of a patent, whose claims have been twice rejected, and any party to an interference, may appeal from the decision of the Primary Examiner or of the Examiner in Charge of Interferences to the Board of Examiners in Chief, having

'once paid the fee for such appeal. If still dissatisfied, he may, on payment of the fee, appeal to the Commissioner in person. If such applicant is dissatisfied with the decis ion of that officer, he may appeal to the Supreme Court of the District of Columbia sitting in banc. If refused here, he may still pursue a further remedy given him by law, through a bill in equity; and the court having cognizance may, on due proceedings, adjudge the applicant entitled to a patent. On such applicant filing a copy of the adjudication in the Patent Office, and on his compliance with the requirements of law, the Commissioner is authorized to issue the patent to him. (R. S., §§ 4909, 4910, 4911, 4915.)

1334. A patent granted prior to the 2d of March, 1861, may, on application in writing, be extended before its expiration. Such application must be filed not more than six months and not less than ninety days before the expiration of the patent, and it must state the reasons why the extension should be granted. The applicant must furnish a statement under oath of the ascertained value of his invention or discovery, and of his receipts and expenditures on account thereof, so as to show his profit or loss therefrom. On receipt of the application and payment of the fees, notice is given by the Commissioner in a newspaper published in Washington, and in such other papers in the section of 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 the hearing of the case. Thereafter the application is referred in due course to the proper Principal Examiner. If the Commissioner shall be satisfied from the evidence for and against the extension that the patentee, without fault on his part, has failed to obtain a reasonable remuneration from his patent for the time, ingenuity, and expense bestowed upon it, and that it is just and proper, having due regard to the public interest,

that the term shall be extended, he is required to make a certificate thereon renewing and extending the same for the term of seven years from the expiration thereof. (R. S., § 4924.)

1335. The benefits of the patent laws are extended also to persons who, by their own industry, genius, efforts, and expense, have invented and produced any new and original design for a manufacture, bust, statue, alto relievo, or bas relief; or for the printing of woollen, silk, cotton, or other fabrics; or any new and original impression, ornament, patent, print, or picture to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configu ration of any article of manufacture, the same not having been known or used before by others, or patented, or described in any publication. (R. S., § 4929.)

1336. Such patents for designs may be granted for the term of three years and six months, or for seven, or for fourteen years, as the applicant may in his application elect. Patents of this nature issued prior to the 2d of March, 1861, may be extended for the term of seven years, in the same manner as other patents issued prior to that date. (R. S., §§ 4931, 4932.)

TRADE-MARKS.

1337. Provision is also made by law for the registration and protection of trade-marks.

Any person or firm domiciled in the United States, and any corporation created by authority of the United States or of any State or Territory thereof, and any person, firm, or corporation resident of or located in a 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 in the United States, may obtain protection for such lawful trademark by

1. Causing to be recorded in the Patent Office a statement specifying the names of the parties, their residences ⚫and places of business, who desire the protection; the class of merchandise and the particular description of goods. comprised in such class by which the trade-mark has been or is intended to be appropriated; a description of the trade-mark itself, with fac similes thereof showing the mode in which it has been or is intended to be applied and used, and the length of time, if any, during which the trade-markhas been in use.

2. By making a payment of a fee of twenty-five dollars in the same manner and for the same purpose as regards the fee required for patents.

3. By complying with such regulations as may be prescribed by the Commissioner of Patents.

The statement just referred to must be accompanied by a written declaration, verified by the person by whom it is filed, to the effect that the party claiming protection has a right to use the trade-mark specified, and that no other person, firm, or corporation has such right in the identical form, or in any 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 trademark sought to be protected. (R. S., §§ 4937, 4938.)

1338. The protection thus obtained remains in force thirty years, except in cases where it is claimed for and applied to articles not manufactured in the United States, and in which it receives protection under the laws of any foreign country for a shorter period. In the latter case, it ceases to have any force, by virtue of the laws of the United States, at the same time it becomes of no effect elsewhere.