The general method of making the applica tion is the same as has been herembefore de scribed, and the patent issues in a similar forra.
19. Of disclaimers. The seventh seetion of the act of 1837 provides " that whenever any patentee shall have, through inadvert ence, accident, or mistake, made his speci fication of claim too broad, claiming more than that of which he was the original or first inventor,—some material and substan tial part of the thing patented be,ing truly and j ustly his own,--any such patentee, his ad m in istrators, executors, and assigns, whether of the whole or of a sectional interest therein, may make disclaimer of such parts of the thing patented as the disclaimant shall not claim to hold by virtue of the patent or 'assignment, stating therein the extent of his interest in such patent; which disclaimer shall be in writing, attested by one or more witnesses, and recorded in the patent office, on payment by the person disclaiming, in manner as other patent duties are required by law to be paid, of the sum of ten dollars. And such disclaimer shall thereafter be taken and considered as part of the original speci , fication, to the extent of the interest which shall be possessed in the patent or right secured thereby by the disclaimant and by those claiming by or under him subsequent to the record thereof. But no such dis claimer shall affect any action pending at the time 'of its being filed, except so far as may relate to the question of unreasonable neglect or delay in filing the same." 20. To understand the object and purpose of some of these provisions, it must be known that by the fifteenth section of the act of 1836 it was provided that it should be a good defence to an action for infringement that the specification was too broad ; and although ,tbis was modified by the ninth section of the act of 1837 so as to permit a patentee who. by mistake, accident, or inadvertence, and without any wilful intent, had claimed some things of which he was not the first inventor, to recover damages for the infringement of what was really his invention where the parts invented could be clearly separated from the parts improperly claimed, yet in such cases the plaintiff was. not entitled to
recover costs unless previous to the coin mencentient of the suit he had entrod disclaimer for that which was not his inven tion. But no person can avail himself cf the benefits of this provision who has un reasonably neglected or delayed to enter his disclaimer. The provisions authorizing dis claimers, and their effect upon the question of costs, are discussed in 1 Stor. C. C. 590t 1 Blatchf. C. C. 244, 445 ; 2 id. 194 ; 15 How. 121; 19 id. 96 ; 20 id. 378 ; 3 N. Y. 9 ; 5 Den. N. Y. 314.
Not only the patentee, but his executors, administrators, and assigns, whether of a whole or sectional interest, may enter a dis claimer ; but a disclaimer by one owner will not affect the interest of any other owner.
21. Of th,e extension of a patent. Pat ents were formerlY granted for fourteen.years, the commissioner of patents being author ized in special cases to extend the same for seven years longer. But by the act of 1861 the length of time for the patent to run was extended to seventeen years, and the right to an extension on such patents was denied. The only extensions hereafter granted will, therefore, be of patents issued before March 2, 1861.
Tbe extension cannot be made after the pat ent expires ; but it may be granted to an admi nistrator as well as to the patentee. 3 Stor. C. C. 171; 4 How. 646 ; 3 McLea,n, C. C. 250.
Sixty days' notice of the application must be given through newspapers. The appli cant must apply to the commissioner in proper time, which is about three months prior to the expiration of the patent. After paying a fee of fifty dollars, he must, in accordance with the act of congress and the rules of the office, file a sworn statement of his receipts and expenditures, sufficiently in detail to exhibit a true and faithful account of loss and profit in any manner accruing to him from and by reason of said invention. See Act of 1836, 0 18 ; Act of 1848, 4 1; and Act of 1864 0 10.