Abbildungen der Seite

not.lessthan three, nor more than ten years, and fined not exceeding five thousand dollars. If a person shall engrave, or have in his possession an engraved plate, with the intent of using the same in counterfeiting notes of the •aid hank; or if he shall have in his possession blank notes or bills to be used for this purpose, he shall be imprisoned not exceeding five years, and fined not exceeding one thousand dollars.

316. Fines and penalties similar to the above, are inflicted upon persons who shall counterfeit or forge any public security, treasury note, deed or power of attorney,, certificate of public stock, or other writing relative to the business of the United Slates.

317. Although congress has the power "to fix the standard of weights and measures;" and, though it would seem necessary that this power should be exercised exclusively by congress, in order to produce uniformity throughout the United States; that body has not yet legislated on the subject. Each state, therefore, retains the right to adopt and regulate its own standard.


Promotion of Science.Copy Rights and Patents.

318. Among the powers delegated to congress, is the power "to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right of their respective writings and discoveries." This power did not exist under the confederation; although its utility has never been disputed. The right of property of authors and inventors in their works,

States f>ank notes? 316. What are the penalties for counterfeiting United States securities, notes, &c. 317. How is the standard of weights and measures regulated? 318. What is the granting of copy rights and patents intend edt» had, before the revolution, been decided to be a common law right, and had been secured to them, for limited times, by acts of parliament. This provision seems to be in accordance with the dictates, as well of policy as of justice. For, without an appropriate reward, there would be little to induce authors to prepare elaborate works for the public. While, therefore, a piofit is secured to the inventor, the public is no less benefited by the disclosure of the secrets of the discovery.

319. By acts of congress, the right of the monopoly is limited to a period of fourteen years. The term of a copy right, whi'-h was formerly fixed at this period, was, in 1831, extended to twenty-eight eight years This provision is deemed a sufficient encouragement to genius. Some of the states, prior to the adoption of the constitution, had, by legislative acts, favored certain discoveries; but as the effect of these laws was confined to the limits of a single state, and as the authors and inventors were subjected to the varying laws of the different states, the privileges conferred by the state laws were of little value.

320. To secure the exclusive right to prinl and sell any bonk, map or chart, the author or proprietor is required to deposit a printed copy of the title thereof, in the clerk's office of the district court where the author or proprietor resides. The clerk records the title in a book kept for that purpose, and gives to the author, under the seal of the court, a copy of the record. For which record, the clerk shall receive fifty cents, and the like sum for every copy, under seal, given to the author or proprietor, or his assigns.

321. The author or proprietor is required, within three months after the publication of the book, map or chart, to deliver a copy of the same to the clerk of the district court. The clerk is required, every year, to transmit to the secretary of state of the United States, a list of all copy rights deposited in his office. The author or proprietor

promote? 319. For how long a term is each granted? How was the power to grant patent and copyrights exercised before the conBijt utiou was adopted? 320, 321. How is a copy right obtained? must also cause to be printed on the title page, or page immediately following, of every copy of the said book, if it- be a book, or if it be a map or chart, on the face thereof, the following words: "Entered according to act of congress, in the year by in the clerk'a office of the district court of ."

322. At the expiration of the term for which a copy right shall have been secured, such right shall be continued for the further term of fourteen years, provided that the title of the work be again recorded, and that all other regulations of the law with regard to original copyrights bs complied with, within six months before the expiration of the first term. In all cases of renewal of a copy right, the author or proprietor must, within two months after the renewal, cause a copy of the record to be published in one or more newspapers printed in the United States, for the space of four weeks.

323. If any person, after the title of a book, map, chart or engraving, shall have been duly recorded and published, shall cause the same to be printed or published, without the consent of the author in writing, signed in the presence of two or more witnesses, the offender shall forfeit every copy of the same, to the author or proprietor: and he shall further forfeit, if it be a book, fifty cents, or if it be a map, chart or engraving, one dollar, for every sheet found in his possession, or printed, or exposed to sale; one half thereof to the proprietor who shall sue for the same, and the other half to the United States. Any person who shall print or publish the manuscript of an author or proprietor, without his consent, as before mentioned, shall be liable to the author for all damages sustained by the injury.

324. If any person shall print or publish any book, and print therein, that the same has been entered according to act of congress, without having legally acquired a copy right, he shall forfeit one hundred dollars.

322. In what manner is the renewal of a copy right effected! U23. What are the penalties for infringing a copy right? 324. What is the penalty for falsely printing in the book that the title has been

325. To sscure an exclusive right to make, use and sell any new aid useful invention, the inventor must allege that he has invented a new and useful art, machine or manufacture, not known.or used before the application, and must present a petition to the secretary of state, for an exclusive property in the same. The secretary of state than causes letters patent to be made out, in the name of the Uaited States, signed by the president, reciting the allegations and suggestions of the petition, giving a short description of the invention or discovery, and granting to the petitioner, for a term not exceeding fourteen years, the sole right to m3ke and vend the said invention or discovery. These letters patent are delivered to the attorney general of the United States to be examined ; who, within fifteen days, if he finds them conformable to the law, certifies to the same, at the foot thereof, and returns them to the saci'etary of state. The si.;retary of state presents the letters patent thus signed, and causes the seal of the United States to be affixed to them. They are then recorded in a book for that purpose, in the office of the secretary of state, and delivered to the patentee, or his order.

323. Patents may, in a similar manner, be obtained by any person for an improvement in an invention; but h* may not use the original invention, nor may the original inventor use the improvement. When the patent is for nn improvement, the nature and extent of the same must be stated in the specification.

327. Every inventor, before he presents his petition to the secretary of state, must pay into the treasury thirty dollars. He must also swear or affirm, that he verily believes that he is the true discoverer of the art or improvement for which he asks a patent; and that the same has not, to his knowledge, been known or used, either in this or any other country. If it shall appear, that such inven

entered'! 335. What is required of an inventor to secure a patent right? How arc telters patent made ou.? 320. How are patents for improvements obtained? 327. How much is paid for a patent rijftnt Waat oath is required of an applicant? 323. What is the tion had been known or used previously to his application for a patent, the patent shall be void.

328. Any person who shall make, use or sell any invention, the right of which is secured to a patentee, shall forfeit a sum equal to three times the actual damage sustained by the patentee, by reason of the offence. If, however, it shall be proved, that there was in the specification any false statement, made to deceive the public, or that the thing thus secured was not first discovered by the patentee, or that the patent was surreptitiously obtained for the discovery of another person, judgment shall be rendered for the defendant. Prosecution for the violation of patents and copy rights must be made in the circuit court of the United States.

329. Patents ant copy rights may be assigned and •transferred to others; and the assignees have all the rights secured to the original parties. Rights may ba obtained by the heirs of inventors who have died before such rights were obtained.


PiracyFelonies on the High Seas, d/-e.

330. The power "to punish piracies and felonies committed on the high seas, and offences against the law of nations," is, from its very nature, vested exclusively in congress. Piracy is the crime of robbery and depredation committed upon the high seas. It is an offence against the universal law of society, a pirate being hostile to the human race; and as he has renounced all the benefits of society and government, by declaring war against all mankind, all mankind must declare war against him.

penalty for a violation of a patent right? 329. Are patents and copy rights transferable? 330. Where is the power to punish

« ZurückWeiter »