192
TWENTY-FOURTH CONGRESS. Sess. II. Ch.45. 1837.
issued, &c., pri-or to 15th De-cember, 1S36, tobe received inevidence in saidcourts after 1stJune next, un-less recordedanew.
New patentsto be issued forthose lost or de-stroyed on orbefore 15th De-cember, 1836.
Proviso.
Duplicates ofcertain modelsto be procured.
Proviso.
Further pro-viso.
A temporaryboard of com-missioners to beappointed; theirduies.
Patents re-turned for cor-re tion, dec. un-der 13th sectionof act to whichthis is addition-al, &c.
Act of 1836,ch. 357.
Proviso.
December, shall, after the first day of June next, be received in evi-dence in any of the said courts in behalf of the patentee or other personwho shall be in possession of the same, unless it shall have been sorecorded anew, and a drawing of the invention, if separate from thepatent, verified as aforesaid, deposited in the Patent Office ; nor shallany written assignment of any such patent, executed and recorded priorto the said fifteenth day of December, be received in evidence in anyof the said courts in behalf of the assignee or other person in posses-sion thereof, until it shall have been so recorded anew.
Sec. 3. And be it further enacted, That whenever it shall appear tothe Commissioner that any patent was destroyed by the burning of thePatent Office building on the aforesaid fifteenth day of December, orwas otherwise lost prior thereto, it shall be his duty, on applicationtherefor by the patentee or other person interested therein, to issue anew patent for the same invention or discovery, bearing the date of theoriginal patent, with his certificate thereon that it was made and issuedpursuant to the provisions of the third section of this act, and shallenter the same of record ; Provided, however, That before such patentshall be issued, the applicant therefor shall deposite in the Patent Office a duplicate, as near as may be, of the original model, drawings, anddescription, with specification of the invention or discovery, verified byoath, as shall be required by the Commissioner; and such patent andcopies of such drawings and descriptions, duly certified, shall be admis-sible as evidence in any judicial court of the United States , and shallprotect the rights of the patentee, his administrators, heirs, and assigns,to the extent only in which they would have been protected by theoriginal patent and specification.
Sec. 4. And be it further enacted, That it shall be the duty of theCommissioner to procure a duplicate of such of the models destroyedby fire on the aforesaid fifteenth day of December, as were most valua-ble and interesting, and whose preservation would be important to thepublic; and such as would be necessary to facilitate the just dischargeof the duties imposed by law on the Commissioner in issuing patents,and to protect the rights of the public and of patentees in patented in-ventions and improvements : Provided, That a duplicate of such modelsmay be obtained at a reasonable expense : And provided, also, That thewhole amount of expenditure for this purpose shall not exceed the sumof one hundred thousand dollars. And there shall be a temporary boardof commissioners, to be composed of the Commissioner of the PatentOffice and two other persons to be appointed by the President, whoseduty it shall be to consider and determine upon the best and most judi-cious mode of obtaining models of suitable construction; and, also, toconsider and determine what models may be procured in pursuance of,and in accordance with, the provisions and limitations in this sectioncontained. And said commissioners may make and establish all suchregulations, terms, and conditions, not inconsistent with law, as in theiropinion may be proper and necessary to carry the provisions of thissection into effect, according to its true intent.
Sec. 5. And be it further enacted, That, whenever a patent shall bereturned for correction and re-issue under the thirteenth section of theact to which this is additional, and the patentee shall desire severalpatents to be issued for distinct and separate parts of the thing patented,be shall first pay, in manner and in addition to the sum provided bythat act, the sum of thirty dollars for each additional patent so to beissued ; Provided, however, That no patent made prior to the aforesaidfifteenth clay of December, shall be corrected and re-issued until a dupli-cate of the model and drawing of the thing as originally invented, veri-fied by oath as shall be required by the Commissioner, shall be depositedin the Patent Office ;