nths, the
patentee Uses all benefit of the patent.
SEC. 6. Joint inventors are entitled to a joint patent, but neither
can claim one separately.
SEC. 7. An invention can assign his right before a patent is obtained,
so as to enable the assignee to take out a patent in his own name; but
the assignment must be first entered on record; and the application
therefor must be duly made, and the specification signed, and sworn to
by the inventor. And in the case of an assignment by a foreigner, the
same fee will be required as if the patent issued to the inventor.
SEC. 8. The assignment of a patent may be to the whole or to an
undivided part, "by any instrument in writing." All assignments, and
also the grant or conveyance of the use of the patent in any town,
comity, State, or specified district, must be recorded in the Patent
Office, within three months from date of the same.--But assignments,
if recorded after three months have expired, will be on record as
notice to protect against subsequent purchases. No fee is now charged
for recording assignments. Patents, grants, and assignments, recorded
prior to the 15th of December, 1836, must be recorded anew before they
can be valid as evidence of any title. This is also free of expense.
SEC. 9. In case of the decease of an inventor, before he had obtained
a patent for his invention, "the right of applying for and obtaining
such patent shall devolve on the administrator or executor of such
person, in trust for the heirs of law of the deceased, if he shall
have died intestate; but if otherwise, then in trust for his devisees,
in as full and ample manner, and under the same conditions,
limitations, and restrictions, as the same was held, or might have
been claimed or enjoyed, by such person in his or her lifetime; and
when application for a patent shall be made by such legal
representatives, the oath or affirmation shall be so varied as to be
applicable to them."--Act of 1836, sec. 10.
SEC. 10, The Patent Office will be open for examination during office
hours, and applicants can personally, or by attorney, satisfy
themselves on inspection of models and specifications, of the
expediency of filing an application for a patent.
SEC. 11. All fees received are paid into the Treasury, and the law has
required the payment of the patent fee before the application is
considered; two-thirds of which fee is refunded on withdrawing the
application. But no money is refunded on the w
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