from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
PATENT-OFFICE. An office bearing this name was established by law, and by
the act Of congress of July 4, 1836, which repeals all acts theretofore
passed in relation to patents, 4 Sharsw. cont. of Story's L. U. S. 2504, it
is provided, Sec. 1. That there shall be established and attached to the
department of state, an office to be denominated the patent office; the
chief officer of which shall be called the commissioner of patents, to be
appointed by the president, by and with the advice and consent of the
senate, whose duty it shall be, under the direction of the secretary of
state, to superintend, execute, and perform, all such acts and things
touching and respecting the granting and issuing of patents for new and
useful discoveries, inventions, and improvements, as are herein provided
for, or shall hereafter be, by law, directed to be done and performed, and
shall have the charge and custody of all the books, records, papers, models,
machines, and all other things belonging to said office. And said
commissioner, shall receive the same compensation as is allowed by law to
the commissioner of the Indian department, and shall be entitled to send and
receive letters and packages by mail, relating to the business of the
office, free of postage.
2.-Sec. 2. That there shall be in said office, an inferior officer,
to be appointed by the said principal officer, with the approval of the
secretary of state, to receive an annual salary of seventeen hundred
dollars, and to be called the chief clerk of the patent-office; who in all
cases during the necessary absence of, the commissioner, or when the said
'principal office shall become vacant, shall have the charge and custody of
the seal, and of the records, books, papers, machines, models, and all other
things belonging to the said office, and shall perform the duties of
commissioner during such vacancy. And the, said commissioner may also, with
like approval, Appoint an examining Clerk, at an annual salary of fifteen
hundred dollars; two other clerks at twelve hundred dollars each, one of
whom shall be a competent draughtsman; one other clerk at one thousand
dollars; a machinist at twelve hundred and fifty dollars; and a messenger at
seven hundred dollars. And said commissioner, clerks, and every other person
appointed and employed in said office, shall be disqualified, and
interdicted from acquiring or taking, except by inheritance, daring the,
period for which they shall hold their appointments, respectively, any right
or interest, directly or indirectly, in any patent for an invention or
discovery which has been, or may hereafter be granted.
3.-Sec. 3. That the said principal officer, and every other person to
be appointed in the said office, shall, before he enters upon the duties of
his office or appointment, make oath or affirmation, truly and faithfully to
execute the trust committed to him. And the said commissioner and the chief
clerk shall also, before entering upon their duties, severally give bond
with sureties to the treasurer of the United States, the former in the sum
of ten thousand dollars, and the latter, in the sum of five thousand
dollars, with condition to render a true and faithful account to him or his
successor in office, quarterly of all moneys which shall be by them
respectively received for duties on patents, and for copies of records, and
drawings, and all other moneys received by virtue of said office.
4.-Sec. 4. That the said commissioner shall cause a seal to be made
and provided for the said office, with such device as the president of the
United States shall approve, and copies of any records, books, papers, or
drawings, belonging to the said office, under the signature of the said
commissioner, or when the office shall be vacant, under the signature of the
chief clerk, with the said seal affixed, shall be competent evidence in all,
cases in which the original records, books, papers, or drawing, could be
evidence. And any person making application therefor, may have certified
copies of the records, drawings, and other papers deposited in said office,
on paying, for the written copies, the sum of ten cents for, every page of
one hundred words; and for copies of drawing, the reasonable expense of
making the same.