TWENTY-FOURTH CONGRESS. Sess. II. Ch.45. 1S37.

193

Nor shall any addition of an improvement be made to any patentheretofore granted, nor any new patent be issued for an improvementmade in any machine, manufacture, or process, to the original inventor,assignee, or possessor, of a patent therefor, nor any disclaimer be ad-mitted to record until a duplicate model and drawing of the thing origi-nally intended, verified as aforesaid, shall have been deposited in thePatent Office , if the Commissioner shall require the same; nor shallany patent be granted for an invention, improvement, or discovery, themodel or drawing of which shall have been lost, until another modeland 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 thethird section of this act, the question of compensation for such modelsand drawings shall be subject to the judgment and decision of the com-missioners provided for in the fourth section, under the same limitationsand restrictions as are therein prescribed.

Sec. 6. And be it further enacted, That any patent hereafter to beissued, may be made and issued to the assignee or assignees of the in-ventor or discoverer, the assignment thereof being first entered ofrecord, and the application therefor being duly made, and the specifica-tion duly sworn to by the inventor. And in all cases hereafter, theapplicant for a patent shall be held to furnish duplicate drawings, when-ever the case admits of drawings, one of which to be deposited in theoffice, and the other to be annexed to the patent, and considered a partof the specification.

Sec. 7. And be it further enacted, That, whenever any patentee shallhave, through inadvertence, accident, or mistake, made his specificationof claim too broad, claiming more than that of which he was the ori-ginal or first inventor, some material and substantial part of the thingpatented being truly and justly his own, any such patentee, his adminis-trators, executors, and assigns, whether of the whole or of a sectionalinterest therein, may make disclaimer of such parts of the thing patentedas the disclaimant shall not claim to hold by virtue of the patent or as-signment, 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 disclaim-ing, in manner as other patent duties are required by law to be paid,of the sum of ten dollars. And such disclaimer shall thereafter betaken and considered as part of the original specification, to the extentof the interest which shall be possessed in the patent or right securedthereby, by the disclaimant, and by those claiming by or under himsubsequent to the record thereof. But no such disclaimer shall affectany action pending at the time of its being filed, except so far as mayrelate to the question of unreasonable neglect or delay in filing thesame.

Sec. 8. And be it further enacted, That, whenever application shallbe made to the Commissioner for any addition of a newly-discoveredimprovement to be made to an existing patent, or whenever a patentshall be returned for correction and re-issue, the specification of claimannexed to every such patent shall be subject to revision and restriction,in the same manner as are original applications for patents; the Com-missioner shall not add any such improvement to the patent in the onecase, nor grant the re-issue in the other case, until the applicant shallhave entered a disclaimer, or altered his specification of claim in ac-cordance with the decision of the Commissioner; and in all such cases,the applicant, if dissatisfied with such decision, shall have the sameremedy and be entitled to the benefit of the same privileges and pro-ceedings as are provided by law in the case of original applications forpatents.

Yol. V.—25

No addition,&.c. to be madeto any patentheretofore gran-ted, &c. until averified dupli-cate model, &c.is deposited,&c.

Compensationfor models, &c.

Patents here-after to be is-sued.

Whenever anypatentee shall,through inad-vertence, &LC.make his speci-fication toobroad, &,c. he,&.c. may makedisclaimer, &c.

Applicationsfor additions tonewly-discover-ed improve-ments to bemade to existingpatents, &,c.

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