CHAPTER XIII.

Promotion of Science.-Copy rights and Patents.

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, 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 profit is secured to the inventor, the public is no less benefited by the disclosure of the secrets of the discovery.

By acts of congress, the right of the monopoly is limited to a period of fourteen years. The time of a copy right, which was formerly fixed at this period, was, in 1831, extended to twenty eight years. This provision is deemed a sufficient encouragement to genius. Some of the states, prior to the time of the adoption of the constitution, had, by legislative acts, favored certain discoveries; but as the effect of these laws was confined to the limits

What object is the granting of patents and copy rights intended to promote? How was the power exercised before the constitu

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.

Copy Rights. To secure the exclusive right to print and sell any book, 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 reeord, the clerk shall receive fifty cents, and the like sum for every copy, under seal, given to the author or proprietor, or his assigns. 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. The clerk is required, every year, to transmit to the secretary of state of the U. States, a list of all copy rights deposited in his office. The author or proprietor 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 eongress, in the year

by

office of the district court of

in the clerk's 12 At the ex

piration 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 copy rights be complied with, within six months before the expiration of the first term. In all cases of renewal of a copy right, the au

tion was adopted? For how long a term is each granted? How is a copy right obtained? For how long a period may a copy right be

thor 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.

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 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.

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.

Patents. To secure an exclusive right to make, use and sell any new and 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 then causes letters patent to be made out, in the name of the United States, signed by the president, reciting the allegations and suggestions of the petition, giving a

rendered? In what manner must the renewal be made? What are the penalties for violating a right? How are patent rights ob

short description of the invention or discovery, and granting to the petitioner, for a term not exceeding fourteen years, the sole right to make 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, certificates to the same, at the foot thereof, and returns them to the secretery of state. The secretary 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 kept for that purpose, in the office of the secretary of state, and delivered to the patentee, or his order.

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

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 afterwards appear, that such invention had been known or used previously to his application for a patent, the patent shall be void.

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

What penalty is

tained? What sum must be paid for a patent? annexed to the violation of a patent right? Are patents and copy rights transferrable?

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.

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

CHAPTER XIV.

Piracy-Felonies on the High Seas, &c.

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

What is piracy? Against what is piracy an offence? What crimes are defined to be piracy? How is piracy punishable? What does the term high seas comprehend?