the provisions of this act,](a) shall preclude any person interested in favor of or against 4 July 1836. the validity of any patent, which has been or may hereafter be granted, from the right Remedy at law to contest the same in any judicial court, in any action in which its validity may come in preserved. question. V. SURRENDER AND RE-ISSUE OF PATENTS. 5 Stat. 122. Defective patents may be surren issued. 43. Whenever any patent, (b) which has heretofore been granted, or which shall here- 4 July 1836 3 13. after be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had or shall have a right to claim as new; (c) if the dered and reerror has, or shall have arisen by inadvertency, accident or mistake, and without any fraudulent or deceptive intention, (d) it shall be lawful for the commissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen dollars, to cause a new patent to be issued to the said inventor for the same invention, (e) for the residue of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected description and specification.(g) And in case of his death or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators or assignees. And the patent so re-issued, together Effect thereof. with the corrected description and specification, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing out of the original patent. And whenever the original patentee shall be desirous of Improvements adding the description and specification of any new improvement of the original invention may be included or discovery which shall have been invented or discovered by him subsequent to the tent. date of his patent, he may, like proceedings being had in all respects as in the case of original applications, and on the payment of fifteen dollars as herein before provided, have the same annexed to the original description and specification; (h) and the commissioner shall certify on the margin of such annexed description and specification, the time of its being annexed and recorded; and the same shall thereafter have the same Effect thereof. effect in law to all intents and purposes, as though it had been embraced in the original description and specification. in re-issued pa 5 Stat. 192. 44. Whenever a patent shall be returned for correction and re-issue under the thirteenth 3 March 1837 8 5. section of the act to which this is additional, and the patentee shall desire several patents to be issued for distinct and separate parts of the thing patented, he shall first pay in Fees for several manner and in addition to the sum provided by that act, the sum of thirty dollars for on surrender. each additional patent so to be issued. VI. ACTIONS ON PATENT RIGHTS. distinct patents 5 Stat. 123. damages in case 45. Whenever, in any action for damages for making, using or selling the thing whereof 4 July 1836 2 14 the exclusive right is secured by any patent heretofore granted, or by any patent which may hereafter be granted, (i) a verdict shall be rendered for the plaintiff in such action, Court may treble it shall be in the power of the court to render judgment for any sum above the amount of infringement. found by such verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof, according to the circumstances of the case, with costs. And such damages may be recovered by action on the case, in any court of competent How recoverable jurisdiction, to be brought in the name or names of the person or persons interested, whether as patentees, assignees or as grantees of the exclusive right within and throughout a specified part of the United States.(k) (a) See supra, 33, 37. (b) A patent may be surrendered and re-issued, as often as may be necessary to effect the purposes of the act. French v. Rogers, 4 Am. L. J. 151-2. (c) Whether the defect be in the specification or claim, the patentee may surrender his patent. and by an amended specification or claim. cure the defect. Battin e. Taggert, 17 How. $3. (d) The decision of the commissioner in respect to accepting the surrender of an old patent, and granting a new one, is conclusive, unless it be impeached for fraud, or he has exceeded his authority, Woodworth r. Stone, 3 Story. 749. Allen v. Blunt, Ibid. 742. Stimpson v. West Chester Railroad, 4 How. 380. Philadelphia and Trenton Railroad Co. v. Stimpson, 14 Pet. 448. (e) The re-issued patent must be substantially for the same invention, though it be described in terms more precise and accurate than in the first patent: under such circumstances, a new and different invention cannot be claimed. Battin v. Taggert, 17 How. 83. 8. c., 2 Wall. Jr. 101. French v. Rogers. 4 Am. L. J. 152-3. Brooks v. Fiske, 15 How. 228. And this is a question of fact. Stimpson v. West Chester Railroad Co., 4 How. 380. When issued. it relates back to the date of the original patent. Smith v. Pearce, 2 McLean, 176. Woodworth v. Hall, 1 W. & M. 248. And no use of the thing patented. prior to a surrender on account of a defective specification, can confer a right to continue the use after the re-issue of the letters in a corrected form. Stimpson v. West Chester Railroad Co., 4 How. 380. The act, however, does not require the patentee to claim, in his renewed patent, all things which were claimed in the original patent, but gives him the privilege of retaining whatever he deems proper. Carver v. Brain. tree Manufacturing Co., 2 Story, 432. Brooks v. Fiske, 15 How. 228. So he may take out the re-issued patent for more than is described in the surrendered one, provided it does not exceed the actual discovery when the patent was taken out. Benjamin v. Lowlen, Circuit Court, S. Dist. of New York, April 1846. (g) A patentee cannot, by a surrender of his patent, affect the rights of third persons, to whom he has previously assigned his interest in the whole or a part of the patent, unless the assignees consent to the surrender. Woodworth v. Stone, 3 Story, 749. But a surrender with the consent of the assignees will render void their assignments, and render necessary new assignments to them. Gibson v. Richards, Circuit Court, N. Dist. of New York, October 1845. (h) Or, if he pleases, he may take out a new patent for his improvement. O'Reilly v. Morse. 15 How. 122. (i) As to the measure of damages; see Hogg v. Emerson, 11 How. 587. Corning r. Burden, 15 Ibid. 271. Seymour v. McCor mick, 16 Ibid. 480. Parker v. Corbin, 4 McLean, 462. Guyon v. Serrell, 1 Blatch. 244. The jury are at liberty to give such reasonable damages as shall vindicate the rights of the patentee, and shall indemnify him for all expenditures necessarily accrued in the suit beyond what the taxable costs will repay. Pierson v. Eagle Screw Co., 3 Story, 402. Allen v. Blunt, 2 W. & M. 122. And see, as to the liability of parties using the plaintiff's invention; York and Maryland Line Railroad Co. v. Winans, 17 How.30. (k) See supra, 40, note (b). 4 July 1836 2 15. Defendant may plead the general issue, and give notice of special matter. Defences. 46. The defendant in any such action shall be permitted to plead the general issue, and to give this act and any special matter in evidence, (a) of which notice in writing may have been given to the plaintiff or his attorney (b) thirty days before trial, tending to prove that the description and specification filed by plaintiff does not contain the whole truth relative to his invention or discovery, or that it contains more than is necessary to produce the described effect, which concealment or addition shall fully appear to have been made for the purpose of deceiving the public; or that the patentee was not the original and first inventor or discoverer of the thing patented, or of a substantial and material part thereof claimed as new, or that it had been described in some public work anterior to the supposed discovery thereof by the patentee, (c) or had been in public use or on sale, with the consent and allowance of the patentee before his application for a patent; or that he had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same; or that the patentee, if an alien at the time the patent was granted, had failed and neglected for the space of eighteen months from the date of the patent, to put and continue on sale to the public on reasonable terms, the invention or discovery for which the patent issued; in either of which cases judgment What notice to shall be rendered for the defendant with costs. And whenever the defendant relies in Bet forth. his defence on the fact of a previous invention, knowledge or use of the thing patented, he shall state in his notice of special matter, the names and places of residence of those whom he intends to prove to have possessed a prior knowledge of the thing, and where the same had been used: (d) Provided however, That whenever it shall satisfactorily appear that the patentee, at the time of making his application for the patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery or any part thereof having been before known or used in any foreign country, it not appearing that the same or any substantial part thereof had before been patented or described in any printed publication: (e) And provided also, That whenever the plaintiff shall fail to sustain his action on the ground that in his specification of claim is embraced more than that of which he was the first inventor, if it shall appear that the defendant had used or violated any part of the invention justly and truly specified and claimed as new, it shall be in the power of the court to adjudge and award as to costs, as may appear to be just and equitable. When prior use abroad not to avoid patent. Costs. Ibid. 16. Remedy in equity in case of inter ference. 47. Whenever there shall be two interfering patents, or whenever a patent on application shall have been refused on an adverse decision [of a board of examiners,] on the ground that the patent applied for would interfere with an unexpired patent previously granted, any person interested in any such patent, either by assignment or otherwise in the one case, and any such applicant in the other case, may have remedy by bill in equity.(g) And the court having cognisance thereof, on notice to adverse parties and other due proceedings had, may adjudge and declare either the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of the United States, according to the interest which the parties to such suit may possess in the patent or the inventions patented; and may also adjudge that such applicant is entitled, according to the principles and provisions of this act, to have and receive a patent for his invention as specified in his claim, or for any part thereof, as the fact of priority of right or invention shall in any such case be made to appear. And such adjudication, if it be in favor of the right of such applicant, shall authorize the commissioner to issue such patent, on his filing a copy of the adjudication, and otherwise complying with the requi To affect parties sitions of this act: Provided however, That no such judgment or adjudication shall affect only. the rights of any person except the parties to the action and those deriving title from or under them subsequent to the rendition of such judgment. Ibid. 17. Jurisdiction of 48. All actions, suits, controversies and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or disthe circuit courts. Coveries, (h) shall be originally cognisable, as well in equity as at law, by the circuit courts of the United States, (i) or any district court having the powers and jurisdiction of (a) The defendant is not obliged to pursue this course. He may still plead specially, and then the plea is the only notice which the plaintiff can claim. Evans v. Eaton, 3 Wh. 504. Grant v. Raymond, 6 Pet. 246. But see, contra, Wilder v. Gayler, 1 Blatch. 597. (b) As to the precision required in the notice of special matter, see Evans v. Eaton, 3 Wh. 503-4. Philadelphia and Trenton Railroad Co. v. Stimpson, 14 Pet. 459. Silsby v. Foote, 14 How. 218. B. C., 1 Blatch. 445. (c) See ante, 726, note (g). This does not make such work evidence of any other fact, except that of the description of the improvement. Seymour e. McCormick, 19 How. 97. (d) The act does not require notice of the names and places of residence of the witnesses, by whom such prior knowledge and use is intended to be proved. Wilton v. The Railroads, 1 Wall. Jr. 192. Many v. Jagger, 1 Blatch. 372. (e) This was intended to protect the American inventor against the injustice of being thrown out of the fruits of his ingenuity by the existence of a secret invention or discovery abroad. 5 Opin. 18. And see O'Reilly v. Morse, 15 How. 110-11. (g) The assignee of an inventor whose application has been re jected. may file such bill in his own name, by force of the act 3 March 183910, (infra, 50). Gay v. Cornell, 1 Blatch. 506. Arnold v. Bishop, Cranch's Patent Decisions, 108. (h) The jurisdiction in cases arising under the patent laws, does not depend upon the citizenship of the parties, but upon the subject-matter. Allen v. Blunt, 1 Blatch. 480. But a bill for the specific execution of a contract for the sale or use of a patent right, is not such a suit, and the circuit courts have no jurisdic tion if the parties reside in the state where the suit is brought. Brooks v. Stolley, 3 McLean, 523. Burr . Gregory. 2 Paine. 426. ()The state courts have no jurisdiction in such cases. Battin v. Kear, 14 Leg. Int. 212. Dudley v. Mayhew, 3 Comst. 9. 4 July 1836. a circuit court;(a) which courts shall have power, upon bill in equity filed by any party aggrieved, in any such case, to grant injunctions, according to the course and principles ILjunctions. of courts of equity, to prevent the violation of the rights of any inventor as secured to him by any law of the United States, on such terms and conditions as said courts may deem reasonable :(b) Provided however, That from all judgments and decrees, from any Errors and apsuch court rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of circuit courts, (c) and in all other cases in which the court shall deem it reasonable to allow the same.(d) peals. 5 Stat. 194. for so much as is 49. Anything in the fifteenth section of the act to which this is additional to the con- 3 March 1837 8 9 trary notwithstanding, (e) whenever by mistake, accident or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have in Patent to be good his specification claimed to be the original and first inventor or discoverer of any material original. or substantial part of the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, (g) in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bonâ fide his own: Provided, It shall be a material and substantial part of the thing patented, and be definitely distinguishable from the other parts so claimed without right as aforesaid. And every such patentee, his executors, adminis- Actions for in trators and assigns, whether of the whole or of a sectional interest therein, (h) shall be fringements. entitled to maintain a suit at law or in equity on such patent for any infringement of such part of the invention or discovery as shall be bonâ fide his own as aforesaid, notwithstanding the specification may embrace more than he shall have any legal right to claim. But, in every such case in which a judgment or verdict shall be rendered for the No costs unless plaintiff, he shall not be entitled to recover costs against the defendant, unless he shall disclaimer filed. have entered at the patent office, prior to the commencement of the suit, a disclaimer of disclaimer to bar, all that part of the thing patented which was so claimed without right: (i) Provided how- Delay in filing ever, That no person bringing any such suit shall be entitled to the benefits of the provisions contained in this section, who shall have unreasonably neglected or delayed to enter at the patent office a disclaimer as aforesaid.(k) 5 Stat. 354. of interference 50. The provisions of the sixteenth section of the before-recited act shall extend to all 3 March 1839 & 10 cases where patents are refused for any reason whatever, either by the commissioner of patents or by the chief justice of the District of Columbia, upon appeals from the decision Remedy in case of said commissioner, as well as where the same shall have been refused on account of, extended to all or by reason of interference with a previously existing patent. And in all cases where cases where pa there is no opposing party, a copy of the bill shall be served upon the commissioner of patents, when the whole of the expenses of the proceeding shall be paid by the applicant, whether the final decision shall be in his favor or otherwise. VII. EXTENSION OF PATENTS. tents are refused 5 Stat. 124. 51. Whenever any patentee (7) of an invention or discovery shall desire an extension 4 July 1836 ? 18. of his patent beyond the term of its limitation, he may make application therefor, in writing, to the commissioner of the patent office, setting forth the grounds thereof; (m) Patents may be and the commissioner shall, on the applicant's paying the sum of forty dollars to the credit of the treasury, as in the case of an original application for a patent, cause to be (a) The expiration of the patent, between the time of the filing of the bill and the final hearing, does not oust the jurisdiction; they may still go on to decree an account. Sickles v. Gloucester Manufacturing Co., 13 Leg. Int. 388. (b) Where there is no dispute as to the title, the courts have jurisdiction to refer the case to a master, to take an account of the profits of which the plaintiff has been deprived by reason of the infringement. Allen v. Blunt, 1 Blatch. 480. See Byam v. Eddy, 24 Verm. 666. (c) A judge at chambers has power to allow a writ of error, under this section. Foote v. Sil-by, 1 Blatch. 542. (d) This does not include a suit in equity to set aside an assignment of a patent right. Wilson v. Sandford, 10 How. 99. It only refors to the description of cases provided for in this section, and where the matter in dispute is below $2000. Ibid. 101. (e) See supra, 46. (g) A patentee must disclaim, whether the patent is illegal in part, because he claims more than was sufficiently described, or more than he invented. O'Reilly v. Morse, 15 How. 120-1. See Peterson v. Wooden. 3 McLean, 248. (A) If the patentee has assigned in part, and a joint suit be brought in equity for a perpetual injunction, a disclaimer by the patentee alone, without the assignee's uniting in it, will not entiile the parties to the benefit of this and the 7th section. Wyeth v. Stone, 1 Story. 274. (See Reed v. Cutter, 1 Story, 591. Seymour v. McCormick, 19 How. 96. Where a disclaimer is filed, after suit brought, although under this section the patentee is not entitled to costs, on a verdict in his favor, yet, under the act of 1836, the court has power to increase the amount of the damages. Guyon v. Serrell, Blatch. 244. extended for seven years. (k) Though a patentee has not disclaimed what the court holds to be invalid, if his claim to it had been sanctioned by the patent office and by a circuit court, his delay is not unreasonable. O'Reilly . Morse, 15 How. 62. (1) The extension of a patent may be granted to the legal representatives of the original patentee. Washburn v. Gould, 3 Story, 122. Woodworth v. Sherman, Ibid. 171. Brooks v. Bicknell, 3 McLean, 250, 432. Wilson v. Rousseau, 4 low. 646. 3 Opin. 446. (m) The act 3 July 1832, provides that it shall be the duty of the secretary of state, annually, in the month of January, to report to congress, and to publish in two of the newspapers printed in the city of Washington, a list of all the patents for discoveries, inventions and improvements, which have expired within the year immediately preceding, with the names of the patentees, alphabetically arranged. And that application to congress to prolong or renew the term of a patent, shall be made before its expiration, and shall be notified at least once a month, for three months before its presentation in one of the newspapers printed in the city of Washington, and in one of the newspapers in which the laws of the United States shall be published in the state or territory in which the patentee shall reside. The petition shall set forth particularly the grounds of the application. It shall be verified by oath; the evidence in its support may be taken before any judge or justice of the peace; it shall be accomplished by a statement of the ascertained value of the discovery, invention, or improvement, and of the receipts and expenditures of the patentee, so far as to exhibit the profit or loss ari-ing there from. 4 Stat. 559. Notice. Jath. Extension. 4 July 1836, published, in one or more of the principal newspapers in the city of Washington, and in such other paper or papers as he may deem proper, published in the section of country most interested adversely to the extension of the patent, a notice of such application, and of the time and place when and where the same will be considered, that any person may appear and show cause why the extension should not be granted. (a) [And the secretary of state, the commissioner of the patent office and the solicitor of the treasury, shall constitute a board (b) to hear and decide upon the evidence produced before them both for and against the extension, and shall sit for that purpose at the time and place designated in the published notice thereof.] The patentee shall furnish [to said board] a statement, in writing, under oath, of the ascertained value of the invention, and 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. And if, upon a hearing of the matter, (c) it shall appear to the full and entire satisfaction of said board, having due regard to the public interest therein, that it is just and proper that the term of the patent should be extended, by reason of the patentee, without neglect or fault on his part, having failed to obtain, from the use and sale of his invention, a reasonable remuneration for the time, ingenuity and expense bestowed upon the same, and the introduction thereof into use; it shall be the duty of the commissioner to renew and extend the patent, by making a certificate thereon of such extension, for the term of seven years from and after the expiration of the first term; which certificate, [with a certificate of said board of their judgment and opinion as aforesaid,] shall be entered on record in the patent office; (d) and thereupon the said patent shall have the same effect in law as though it had been originally granted for the term of twenty-one years.(e) And the benefit of such renewal (g) shall extend to assignees and grantees of the right to use the thing patented to the extent of their respective interest therein: (h) after expiration Provided however, That no extension of a patent shall be granted after the expiration of the term for which it was originally issued. Effect thereof. No extension of term. 27 May 1848 9 Stat. 231. vested in the commissioner. Notice. 1. 52. The power to extend patents now vested in the board composed of the secretary of state, commissioner of patents and solicitor of the treasury, by the 18th section of Power to extend the act approved July 4th 1836, respecting the patent office, shall hereafter be vested solely in the commissioner of patents. And when an application is made to him for the extension of a patent according to said 18th section, and sixty days' notice given thereof, he shall refer the case to the principal examiner having charge of the class of inventions to which said case belongs, who shall make a full report to said commissioner of the said Examiner to re- case, and particularly whether the invention or improvement secured in the patent was new and patentable when patented; and thereupon the said commissioner shall grant or refuse the extension of said patent, upon the same principles and rules that have governed said board; (i) but no patent shall be extended for a longer term than seven years. port. 3 March 1837 27. 5 Stat. 193. Patentee may dis claim where his specification is too broad. How made. VIII. DISCLAIMERS. 53. Whenever any patentee shall have, through inadvertence, accident or mistake, made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being truly and justly his own, any such patentee, his administrators, 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; (k) 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 (a) See infra, 52, as to the length of notice. Applications for extensions of patents must be made to the commissioner a sufficient time before the expiration of the patent to enable him to give the notice required by law. 3 Opin. 594. ()This board is abolished, and its powers vested in the commissioner; see infra, 52. (c) The functions of the board are in their nature judicial. Their judgment is not conclusive as to the right; but questions of notice, &c., are conclusively settled by their decision. Brooks . Bicknell, 3 McLean, 250, 432. Clum v. Brewer, 2 Curt. C. C. 506. But it is not conclusive as to their own jurisdiction. Wilson v. Rousseau, 4 How. 646. (d) It is not essential to the validity of a renewed patent, that the proceedings of the board should be stated at length; but it must appear that the subject of renewal was before the board, and that their decision was in favor of it. Brooks v. Jenkins, 8 McLean, 432. (e) After such extension, the original patent becomes virtually a patent for the term of twenty-one years. Gibson v. Harris, 1 Blatch. 167. Woodworth v. Edwards, 3 W. & M. 120. It inures, however, only for the use of the original patentee, or his legal representatives. Wilson v. Rousseau, 4 How, 646. Simpson v. Wilson, Ibid. 709. An assignee under the original patent takes n. interest therein, unless such right be expressly conveyed to him by the patentee. Woodworth e. Sherman, 3 Story, 171. (h) This means their right in the patented machines, and net in the invention itself. Wilson v. Rousseau, 4 How. 653. Under this clause. the assignee of a right to use a patented planing machine, may replace the knives when worn out, without destroying the identity of that particular machine. Wilson v. Simpson 9 Ibid. 109. (i) The act of the commissioner in extending letters patent is conclusive evidence of all facts, which he is required to find in order to graut such extension in the absence of fraud or any excess of jurisdiction. Clum v. Brower, 2 Curt. C. C. 506. (k) The party making a disclaimer, must state his interest in the patent. Brooks v. Jenkins, 3 McLean, 432. Foote r. sils y, 1 Blatch, 445. But if it state that he is the patentee, the implica tion that he owns the whole interest is sufficient. Silsby r. Fete, 14 Ilow. 218. If the patentee has assigned in part, and a joint suit is brought in equity for a perpetual injunction, a disclaimer by the patentee alone, without the assignce's uniting in it, will not entitle the parties to the benefit of this and the 9th section of the act. Wyeth v. Stone, 1 Story, 274. thereafter be taken and considered as part of the original specification, to the extent of 3 March 1837. 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. (a) But no such disclaimer 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. Effect thereof. Ibid. 28. and re-issues to applications. 54. Whenever application shall be made to the commissioner for any addition of a newly discovered improvement to be made to an existing patent, or whenever a patent Applications for shall be returned for correction and re-issue, the specification of claim annexed to every improvements such patent shall be subject to revision and restriction, in the same manner as are origi- be subject to renal applications for patents. The commissioner shall not add any such improvement to Vision as original the patent in the one case, nor grant the re-issue in the other case, until the applicant shall have entered a disclaimer, or altered his specification of claim in accordance with Disclaimer. the decision of the commissioner. And in all such cases, the applicant, if dissatisfied with such decision, shall have the same remedy and be entitled to the benefit of the Appeal. same privileges and proceedings as are provided by law in the case of original applications for patents. IX. PATENT FUND.(b) 5 Stat. 194. patent office. 55. All moneys paid into the treasury of the United States for patents and for fees for 3 March 1837 3 14. copies furnished by the superintendent of the patent office prior to the passage of the act to which this is additional, shall be carried to the credit of the patent fund created Patent fund ap propriated for by said act; and the moneys constituting said fund shall be and the same are hereby payment of exappropriated for the payment of the salaries of the officers and clerks provided for by penses of the said act, and all other expenses of the patent office, including all the expenditures provided for by this act; (c) and, also, for such other purposes as are or may be hereafter specially provided for by law. And the commissioner is hereby authorized to draw upon said fund, from time to time, for such sums as shall be necessary to carry into effect the provisions of this act, governed, however, by the several limitations herein contained. And it shall be his duty to lay before congress, in the month of January, Commissioner to annually, a detailed statement of the expenditures and payments by him made from make annual resaid fund. And it shall also be his duty to lay before congress, in the month of January, annually, a list of all patents which shall have been granted during the preceding year, designating, under proper heads, the subjects of such patents, and furnishing an alphabetical list of the patentees, with their places of residence; and he shall also furnish a list of all patents which shall have become public property during the same period; together with such other information of the state and condition of the patent office, as may be useful to congress or to the public. port to congress. 5 Stat. 543. 56. That the treasurer of the United States be and he hereby is authorized to pay 29 Aug. 1842 § 1. back, out of the patent fund, any sum or sums of money, to any person who shall have paid the same into the treasury, or to any receiver or depositary to the credit of the Fees paid by mistake may be retreasurer, as for fees accruing at the patent office through mistake, and which are not paid out of the provided to be paid by existing laws, (d) certificate thereof being made to said treasurer patent fund. by the commissioner of patents. X. MISCELLANEOUS PROVISIONS. 5 Stat. 544. name, &c., of pa 57. If any person or persons shall paint or print, or mould, cut, carve, or engrave or 29 Aug. 1842 § 5. stamp upon anything made, used or sold by him, for the sole making or selling which he hath not or shall not have obtained letters patent, the name or any imitation of the name Penalty for using of any other person who hath or shall have obtained letters patent for the sole making and tentee without vending of such thing, without consent of such patentee, or his assigns or legal repre- authority, &c. sentatives; or if any person, upon any such thing, not having been purchased from the patentee, or some person who purchased it from or under such patentee, or not having the license or consent of such patentee, or his assigns or legal representatives, shall write, paint, print, mould, cast, carve, engrave, stamp or otherwise make or affix the word "patent" or the words "letters patent," or the word "patentee," or any word or words of like kind, meaning or import, with the view or intent of imitating or counterfeiting the stamp, mark or other device of the patentee; or shall affix the same or any or marking “paword, stamp or device of like import, on any unpatented article, for the purpose of tent, & deceiving the public; he, she or they, so offending, shall be liable for such offence to a penalty of not less than one hundred dollars, (e) with costs, to be recovered by action in How recoveral le. any of the circuit courts of the United States, or in any of the district courts of the United States having the powers and jurisdiction of a circuit court; one-half of which (a) See Batten v. Taggert, 2 Wall. Jr. 101. (b) See supra, 27. (c) The salaries of all clerks in the patent office. like its other expenditures, are to be defrayed out of the patent fund. 6 Opin. (d) See 7 Opin. 390-1. patented articles. (e) This is a penalty of $100, and no more. Stimpson v. Pond, 2 Curt. C. C. 502. |