Full text of Patent Act of 1790
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FIRST CONGRESS. S ess. II. Ch. 7. 1790.
nutted to us by the said act, and in the name, and for and on behalf of
the said state, do, by these presents, convey, assign, transfer, and set
over unto the United States of America, for the benefit of the said
states North Carolina inclusive, all right, title, and claim which the said
state hath to the sovereignty and territory of the lands situated within
the chartered limits of the said state, as bounded and described in the
above recited act of the General Assembly, to and for the uses and purposes, and on the conditions mentioned in the said act.
In witness whereof, we have hereunto subscribed our names, and
amxed our seals, in the senate-chamber, at New York this
twenty-fifth day of February, in the year of our Lord, one thou
sand seven hundred and ninety, and in the fourteenth year of
the independence of the United States of America.
„Signed,, sealed,
, , and, delivered
,
,
in the presence of
109
Boundaries and
conditions of the
cession.
S am. J ohnston.
I l.s .)
Benjamin H awkins, (' l .s .)'
S am. A. O tis .
Be it enacted by the Senate and House of Representatives of the Uni
ted States o f America in Congress assembled, That the said deed be, and
the same is hereby accepted.
A ppr o v ed , April 2, 1790.
Accepted,
Statute II.
C hap . V II— An A d to promote the progress of ustful Arts.(a)
April 10,1790.
S ec tio n 1. Be it enacted by the Senate and House of Representatives Patents for
of the United States o f America in Congress assembled, That upon the
<*i3c°verpetition of any person or persons to the Secretary of State, the Secretary forianTgSnted.
(a) The acts passed by Congress, subsequent to this statute, relating to patents for useful inventions,
have been:
1
1. An “ act to promote the progress of useful arts j and to repeal the act heretofore made for this
purpose,” passed February 21, 1793. Repealed by act of July 4, 1836.
2. An act supplementary to the act entitled an “ act to promote the progress of useful arts,” passed
June 7, 1794. Repealed by act of July 4, 1836.
3. An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain
persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees
passed April 17, 1800. Repealed by act of July 4, 1836.
9
4. An act concerning patents for useful inventions, passed July 3, 1832. Repealed by act of July 4,
1836*
5. An act concerning the issuing of patents to aliens for useful discoveries and inventions, passed July
13, 1832. Repealed by act of July 4, 1836.
6. An act to promote the progress of useful arts, and to repeal all acts heretofore made for that pur
pose, passed July 4,1836.
7. An act authorizing the commissioner of the patent office to issue patents to Angier Marsh Perkins,
and John Howard Ryan, passed March 31, 1838.
8. An act in addition to an act to promote the progress of the useful arts, passed March 3,1839, chap.
87. Altered by act of August 29, 1842, chap. 262.
9. An act in addition to an act to promote the progress of the useful arts, and to repeal all acts here
tofore made for that purpose, passed August 29, 1842, chap. 262.
The following cases have been decided in the courts of the United States, upon the laws granting
patents for new and useful inventions:—
1. On the form and subjects of patents,—Invention and Discovery)—the Specification and Description.
—Evans v. Eaton, 3 Wheat. 454; 4 Cond. Rep. 291. Pennock t>. Dialogue, 2 Peters, 16. Grant et al. v.
Raymond, 6 Peters, 218. Shaw v. Cooper, 7 Peters, 292. Prouty v. Ruggies, 16 Peters, 336. Whittemore v. Cutter, 1 Gallis. C. C. R. 429, 478. Odiorne v. Winkley. 2 Gallis. C. C. R. 51. Stearns v. Bar
rel, 1 Mason’s C. C. R. 153. Lowell v. Lewis, 1 Mason’s C. C. R. 182. Bedford v. Hunt, 1 Mason’s C.
C. R. 302. Kneass v. The Schuylkill Bank, 4 Wash. C. C. R. 9. Barrett et al. v. Hall et al., 1 Mason’s
C. C. R. 447. Odiorne v. The Amesbury Nail Factory, 2 Mason’s C. C. R. 28. Moody v. Fisk et al., 2
Mason’s C. C. R. 112. Langdon ©. De Groot, Paine’s C. C. R. 203. Goodyear v. Matthews, Paine’s C.
C. R. 300. Morris t>. Huntingdon, Paine’s C. C. R. 348. Sullivan v. Redfield et al., Paine’s C. C. R. 441.
Rutgen t>.Kanowers, 1 Wash. C. C. R. 168. Evans v. Chambers, 2 Wash. C. C. R. 125. Evans v. Eaton,’
3 Wash. C. C. R. 443; Peters’ C. C. R. 322. Dixon v, Moyer, 4 Wash. C. C. R. 68. Gray et al. v, James
et al., Peters’ C. C. R. 394. Melius v. Silsbee, 4 Mason’s C. C. R. 108. Ames v. Howard, 1 Sumner’s
C. C. R. 482. Delano v* Scott, Gilpin’s D. C. R. 489. Wood v. Williams, itrid. 517. Evans v. Jordan
et al., 1 Brockenb. C. C.-R. 248. Davis v. Palmer, 2 Brockenb. C. C. R. 298. Ryan v. Goodwin, 3 Sum
ner’s C. C. R. 514. Blanchard v. Sprague, 3 Sumner’s C. C. R. 279. Aiden v. Dewey, 1 Story’s C. C. R.
336. Prouty v. Draper, ibid. 568. Reed t>. Cutter, ibid. 590. Stone t>. Sprague, ibid. 270.
Infringement of Patent Rights.— Evans ©. Jordon et al., 9 Cranch, 199; 3 Cond. Rep. 358. Keplenger
v. De Young, 10 Wheat. 358 j 6 Cond. Rep, 135. Shaw o. Cooper, 7 Peters, 292. Whittemorc t>. Cutter,
110
Repealed by
file act of 21st
Feb. 1793, ch.
11.
The Secretary
of State, the
Sec. of war, and
the Attorney
General, or any
two of them, if
they shall deem
the invention,
&c. useful and
important, to
cause letters
patent to be is
sued.
Continuance
of a patent.
Attorney Gen
eral to certify
the conformity
of the patent
with this act.
Patents to be
recorded.
Specification
in writing with
a draft or model
thereof to be de
livered and filed
in the office of
the Secretary of
State.
FIRST CONGRESS. Sess. II. Ch. 7. 1790.
for the department of war, and the Attorney General of the United
States, setting forth, that he, she, or they, hath or have invented or dis
covered any useful art, manufacture, engine, machine, or device, or any
improvement therein not before known or used, and praying that
a patent may be granted therefor, it shall and may be lawful to and
for the said Secretary of State, the Secretary for the department of
war, and the Attorney General, or any two of them, if they shall deem
the invention or discovery sufficiently useful and important, to cause
letters patent to be made out in the name of the United States, to bear
teste by the President of the United States, reciting the allegations and
suggestions of the said petition, and describing the said invention or dis
covery, clearly, truly and fully, and thereupon granting to such petitioner
or petitioners, his, her or their heirs, administrators or assigns for any
term not exceeding fourteen years, the sole and exclusive right and
liberty of making, constructing, using and vending to others to be used,
the said invention or discovery; which letters patent shall be delivered
to the Attorney General of the United States to be examined, who shall,
within fifteen days next after the delivery to him, if he shall find the
same conformable to this act, certify it to be so at the foot thereof, and
present the letters patent so certified to the President, who shall cause
the seal of the United States to be thereto affixed, and the same shall be
good and available to the grantee dr grantees by force of this act, to all
and every intent and purpose herein contained, and shall be recorded in
a book to be kept for that purpose in the office of the Secretary of State,
and delivered to the patentee or his agent, and the delivery thereof shall
be entered on the record and endorsed on the patent by the said Secre
tary at the time of granting the same.
S ec . 2. And be it further enacted, That the grantee or grantees of
each patent shall, at the time of granting the same, deliver to the Secre
tary of State a specification in writing, containing a description, accom
panied with drafts or models, and explanations and models (if the nature
of the invention or discovery will admit of a model) of the thing or
things, by him or them invented or discovered, and described as afore1
said, in the said patents; which specification shall be so particular, and
said models so exact, as not only to distinguish the invention or disco
very from other things before known and used, but also to enable a
workman or other person skilled in the art or manufacture, whereof it
is a branch, or wherewith it may be nearest connected, to make, con
struct, or use the same, to the end that the public may have the full
benefit thereof, after the expiration of the patent term; which specifica
tion shall be filed in the office of the said Secretary, and certified copies
1 Gallia. C. C. R. 429. Gray and Osgood ®. James, Peters’ C. C. R. 394. Sawin et al. ». Guild, 1 Gal
lia. C. C. R. 495. Lowell «. Lewis, XMason’s C. C. R. 182. Kneass ». The Schuylkill Bank, 4 Wash.
C. C. R. 106. Barret et al. «. Hall et al., 1 Mason’s C. C. R. 447. Boston Manufacturing Company ®.
Fiske et al., 2 Mason’s C. C. R. 119. Dawson ». Follen, 2 Wash. C. C. R. 311. Evans ®. Weiss 2 Wash.
C. C. R. 342. Parke c. Little et al., 3 Wash. C. C. R. 196. Evans V. Eaton, Peters’ C. C. R. 322. The
Philadelphia and Trenton Railroad Company ®. Stimpson, 14 Peters, 448.
Proceedings and Pleadings fo r Violation of Patent Rights,—Ex parte Wood and Brundage, 9 Wheat.
603; 6 Cond. Rep. 702. Grant v, Raymond, 6 Peters, 218, Whittemore v. Cutter, 1 Gallis. C. C. R.
429. Stearns ». Barrett, 1 Mason’s C. C. R. 153. Sullivan v. Redfield et al., Paine’s C. C. R. 441. Ex
ecutors of Fulton v. Meyers, 4 Wash. C. C. R. 220. Pettibone ». Derringer, 4 Wash. C. C. R. 215.
Kneass ®. The Schuylkill Bank, 4 Wash. C. C- R- 106. Dixon v. Moyer, 4 Wash. C. C. R. 68. Isaacs
v. Cooper, 4 Wash. C. C. R. 259. Evans ®, Kremer, Peters’ C. C. R. 216. Ames ». Howard, 1 Sum
ner’s C. C. R. 482.
Evidence in Actions fo r the Violation of Patent Rights.—Evans e. Eaton, 3 Wheat. 454; 4 Cond. Rep. 291.
Evans ». Hettick, 7 Wheat. 453 ; 5 Cond. Rep. 317. Whittemore v. Cutter, 1 Gallis’ C. C. R. 478.
Odiome ®. Winkley, 2 Gallis. C. C. R. 51. Stearns®. Barrett, 1 Mason’s C. C. R. 153. Kneass ®. The
Schuylkill Bank, 4 Wash. C. C. R. 106. Dixon c. Moyer, 4 Wash. C. C. R. 68. Evans ®. Eaton, Peters’
C> C. R. 322.
Surrender and Repeal of Patents.—Ex parte Wood and Brundage, 9 Wheat. 603; 5 Cond, Rep. 702.
The Philadelphia and Trenton Railroad Company v. Stimpson, 14 Peters, 448. Shaw ». Cooper, 7 Peters,
292. Grant c. Raymond, 6 Peters, 218. Delano ». Scott, Gilpin’s C. C. R. 489. Stearns ®. Barrett, 1
Mason’s C. C. R. 153. Morris v. Huntingdon, Paine’s C. C. R. 34$, See post 318.
See also Peters’s Digest, Patents fo r useful inventions.
FIRST CONGRESS. S ess. II. Ch. 7. 1790.
I ll
thereof, shall be competent evidence in all courts and before all jurisdic Certified copies
cases
tions, where any matter or thing, touching or concerning such patent, into bewhat
evidence.
right, or privilege, shall come in question.
S e c . 3. And he it further enacted, That upon the application of any Copies of spe
cification, and
person to the Secretary of State, for a copy of any such specification, models
and for permission to have similar model or models made, it shall be the taken. may be
duty of the Secretary to give such copy, and to permit the person so
applying for a similar model or models, to take, or make, or cause the
same to be taken or made, at the expense of such applicant.
S ec . 4. And he it further enacted, That if any person or persons shall Penalty for
&c. any
devise, make, construct, use, employ, or vend within these United making,
art, &c. for
States, any art, manufacture, engine, machine or device, or any in which
a patent
been grant
vention or improvement upon, or in any art, manufacture, engine, has
ed.
machine or device, the sole and exclusive right of which shall be so as
aforesaid granted by patent to any person or persons, by virtue and in
pursuance of this act, without the consent of the patentee or patentees,
their executors, administrators or assigns, first had and obtained in
writing, every person so offending, shall forfeit and pay to the said
patentee or patentees, his, her or their executors, administrators or
to
assigns such damages as shall be assessed by a jury, and moreover shall be Damages
forfeit to the person aggrieved, the thing or things so devised, made, jury.assessed by a
constructed, used, employed or vended, contrary to the true intent of
this act, which may be recovered in an action on the case founded on
this act.
S e c . 5. And he it further enacted, That upon oath or affirmation
made before the judge of the district court, where the defendant resides,
that any patent which shall be issued in pursuance of this act, was
obtained surreptitiously by, or upon false suggestion, and motion made
to the said court, within one year after issuing the said patent, but not Patents sur
afterwards, it shall and may be lawful to and for the judge of the said reptitiously ob
district court, if the matter alleged shall appear to him to be sufficient, tained,
to grant a rule that the patentee or patentees, his, her, or their execu
tors, administrators or assigns, show cause why process should not issue
against him, her, or them, to repeal such patents; and if sufficient cause how to be re
shall not be shown to the contrary, the rule shall be made absolute, and pealed.
thereupon the said judge shall order process to be issued as aforesaid,
against such patentee or patentees, his, her, or their executors, adminis
trators, or assigns. And in case no sufficient cause shall be shown to
the contrary, or if it shall appear that the patentee was not the first and
true inventor or discoverer, judgment shall be rendered by such court
for the repeal of such patent or patents; and if the party at whose com
plaint the process issued, shall have judgment given against him, he shall
pay all such costs as the defendant shall be put to in defending the suit,
to be taxed by the court, and recovered in such manner as costs
expended by defendants, shall be recovered in due course of law.
S ec . 6. And he it further enacted, That in all actions to be brought In actions for
patents
by such patentee or patentees, his, her, or their executors, administrators penalty,
deemed
or assigns, for. any penalty incurred by virtue of this act, the said patents toprimabefacie
evi
of the
or specifications shall be prima facie evidence, that the said patentee or dence
discovery;
patentees was or were the first and true inventor or inventors, discoverer first
special mat
or discoverers of the thing so specified, and that the same is truly specified; but
ter may be giv
in evidence;
but that nevertheless the defendant or defendants may plead the general en
to what
issue, and give this act, and any special matter whereof notice in writ and
effect.
ing shall have been given to the plaintiff, or his attorney, thirty days
before the trial, in evidence, tending to prove that the specification filed
by the plaintiff does not contain the whole of the truth concerning his
invention or discovery; or that it contains more than is necessary to
produce the effect described; and if the concealment of part, or the ad
dition of more than is necessary, shall appear to have been intended to
112
FIRST CONGRESS. S ess. II. C h. 8, 9. 1790.
mislead, or shall actually mislead the public, so as the effect described
cannot be produced by the means specified, then, and in such cases, the
verdict and judgment shall be for the defendant.
S ec. 7. And be it further enacted, That such patentee as aforesaid,
shall, before he receives his patent, pay the following fees to the several
Patent fees, officers employed in making out and perfecting the same, to wit: For
receiving and filing the petition, filly cents; for filing specifications, per
copy-sheet containing one hundred words, ten cents; for making out
patent, two dollars; for affixing great seal, one dollar; for indorsing the
day of delivering the same to the patentee, including all intermediate
services, twenty cents.
A pproved, April 10, 1790.
Statute IX.
— ——
April 15,1790. C hap. V III .— Jin Jlct further to suspend part of an act intituled “Jin act to regulate the collection of the duties imposed by law on the tonnage of ships or vessels,
and on goods, wares and merchandises imported into the United States,” and to
amend the said act.
Repealed. Act
S ection 1. Be it enacted by the Senate and House of Representa
of Aug. 4,1790, tives
of the United States o f America in Congress assembled, That so
chap. 35, sec.
much of an act, intituled, “An act to regulate the collection of the duties
74.
Restriction by
by law on the tonnage of ships or vessels, and on goods, wares
a former act, on imposed
vessels bound and merchandises imported into the United States,” as obliges ships or
up the Potomac, vessels bound up the river Potomac to come to, and deposit manifests
suspended until
their cargoes with the officers at Saint Mary’s and Yeocomico, before
first May, 1791. of
Act of July 31, they proceed to their port of delivery, shall be and is hereby further sus
pended, from the first day of May next, to the first of May in the year
1789, ch. 5.
Additional
ports of delivery
in Connecticut.
Statute II.
one thousand seven hundred and ninety-one.
S ec. 2. And be it further enacted, by the authority aforesaid, That
the landing places in Windsor and East Windsor, in the State of Con
necticut, shall be ports of delivery, and be included in the district of
New London.
A pproved , April 15, 1790.
S ection 1. Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assembled, That if
any person or persons, owing allegiance to the United States of America,
shall levy war against them, or shall adhere to their enemies, giving them
aid and comfort within the United States or elsewhere, and shall be
thereof convicted, on confession in open court, or on the testimony of
two witnesses to the same overt act of the treason whereof he or they
shall stand indicted, such person or persons shall be adjudged guilty of
treason against the United States, and shall suffer death.(a)
S ec, 2. And be it [ further'] enacted, That if any person or persons,
having knowledge of the commission of any of the treasons aforesaid,
shall conceal and not as soon as may be disclose and make known the
same to the President of the United States, or some one of the judges
thereof, or to the president or governor of a particular state, or some
one of the judges or justices thereof, such person or persons on convic
tion shall be adjudged guilty of misprision of treason, and shall be im
prisoned not exceeding seven years, and fined not exceeding one thou
sand dollars.
00nst>tute a levying of war, there must be an assemblage of persons for the purpose
B
,»rce’ ? treasonable purpose. Ex parte Bollman and Swartwout, 4 Cranch, 75; 2 Cond.
H j * . P e United States v. Vigol, 2 Dali. 346. The United States v. Vilatto, 2 Dali. 370. The
united States * The Insurgents of Pennsylvania, 2 Dali. 335. The United States ». Mitchell, 2 Dali.
34S. The Untied States v. Stuart, 2 Dali. 343; 1 Burr’s Trial, 14; 2 Burr’s Trial, 401.
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