The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1836-08-24
CVol. &c

u'es Hi22Laount thereof. according to the circum-
e''nIes W case win costs and such damages
may ne recovered by action on the case in snv
court OF competent jurisdiction, to be brougnt II
'ne iianap{ names OF the person or persons inter.
csled, whemer as patentec, assigne es or M Svan-
tees OF the exclusive right within and ,hroushout
aspecilied part of the United States
SECTION l5. And be it further enacted.
That the defendant in any such action shall be-
permitted TO plead the general issue, and 10 rive
'hls act and any special matter in evidence of
which notice IN writing may have been given to
The planXi or his attorney. thirty DAYS before III
Al, tending 10 prove that the description and spec
lhsauon filed by plaintiff does not contain the whole
ruth relative 10 his invention or discovery or that
i contains more than is necessary to produce tho
described effect; which conceament or addition
shall fully appear TO have been made for the pur-
pose oil decelving the public or that the patentee
was not the original and first inventor or discover.
or OF the thing patented, or Of a substantial aud
ma,erIa ptt thereof claimed as new. or that ithad
been described in some public work anterior tn
the supposed discovery thereof by the paten,ee or
had been in public use, on sale with the consent
and allowance Of the paientee before his applca-
no. for patent that he had sure ptitiously or
nWns,i, obtained the paiert for that which was in
fact invented or discovered by another, who w.
using reasonable diligence in adapting and per-
ieciing the same; or that the patenieo. if alien
al the ume TIE patent was granted. lad failed and
neglected for the space OF eighteen months from
the date OF TIE paient 10 put and continue on sale
TO The public, on reasonable terms, the invention
or discovery Tor which tho patent issued; and
whenever the defendant relies in. his defer co on
the fact OF prcvious invention. knowledge or use
OF tho thing patented he shall state in his notice Of
special matter, the names aud places Of residence
OF those v BON he intends to prove TO have possess
ed prior knowledge of the thing. and where the
same had been used in either OF which cases
Judgment shall be rendered Tor the defendant with
costs: Prrridcd hooeror, That whenever it shall
satisfactorily appear that the patentoe at the time
OF making his application for the pate nj. believed
himself 10 be the first inventor 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 subsiantal part thereof had before
been patented or described in any printed publica
ton. dndproci@ei oiss, That whenever the plaintiff
shall fail to sustain his action on the ground thai in
his specification Of claim is embraced more than
that OF which he was the first inventor, If IL shall
appear that the defendant had used or violated anY
part of tie invention Justly aud truly specified and
claimed as new, it shall be in the power Of the
cour, to adudge aud award Us to costs as may ap
pear TO be just end equitable.
SEC. 10. Ind be IL further enacted,
That whenever there shall be two interfering pa
tents, on whenever patent on application shall
have been refused on an adverse decision of o.
bUard of examiners, on The ground that the patent
applied for would interfere with an unexpred pa
tent previously granted, any person interested in
any such pateut, either by assiynm ent or other
wise, III the one case, and any such applicant IN
the other case may have remedy by bill in equity
and the cour,havIng cognizance thereof on notice
10 adverse parties and other due proceedings had.
adlndgc and declare either the patents void in tho
whole or IN part, or imperative aud invalid in any
particular part or potion of the United States,
cord ng 10 the interest which tho parties 10 sneh
a. al.
tented, aud may also adjudgc that such applicant
is entitled according TO the principles aud provs.
ions Of thsact 10 have aud receive patent for his
invention specified in his claim, for any par,
thereof the fact of priority of right or invention
shall in any such case be made to appear. And
such adjudication. If j, be in favor OF the right Of
such applicant, shall authorize the Commissioner
to issne such patent, his fling a copy Of the nd.
judcation, and otherwise complying with the
QUESTIONS OF this act. Prorided hontrcr That no
such Judgment or adjudication shall infect the
rights Of any person except the parties 70 the
ton aud those deriving title from or under them
subsequent 10 the rendition Of such Judgment.
SECTION IL. ind be IL further enacted,
That all actions, snts, controversies and cascs'a.
rising under any law Of the United states, grant.
ing or confirming TO inventors The exclusive right
TO their inventions or discoveries, shall be origin
ally cogBizablc. well in equity as at law, by tho
circuit Of tie United State,, nny district
. VI
cui, court; which shall have power upon bill n'
equity filed byany party aggrIcysd, in any such
case, 10 grant nuncticns, according 10 the course
and principles Of courts Of equity, 10 prevent the
violation of the rights Of any inventor secured
TO him by any law of the UDilcd States, on such
terms aid conditions as said courts may deem
sonable: Prorided, hoperer, THAI from all udg.
ments and dccrecs, from any such court rendered
in the premises writ Of error appeal, the
case may require, shall lie tc eZSnpreme Court
of the United States, yin the same manner and
der the same circumstances as is now providedby
law in other judgments and DEGREES OF circult
courts, and in all other in which the court
shall deem II reasonable to allow the same.
SEc. IS. And be IL further enacted.
That whichever any patentce OF an in
vcntion or discovery shall desire an ex.
tension Of his patent beyond the term OF
its limitation, he may make application
therefor, in wiring. to the Commissioners
of the Patent Office, setting forth the
grounds thereof, and the Commissioner
shall, on the applicants paying the sum
of forty dollars To the crdt of the Trensu-
ry, as IN the case of an original applica-
ton for a patent, cause to be published, in
one or more OF the principal newspapers
in the city Of Washington, and in sucli
other paper or papers rs he may deem
proper, published in the section of coun-
try most interested adversely to the extern
sion Of the patent, notice of such appli-
cation and Of the time aud place when
and where tire same will BE- considered,
that any person may appear and show
cause why the extension should mot be
granted. And the secretarysof State, tho
al.
the solicitor of the Treasury, shall con-
siltu,e board TO hear AID decide upon
the evidence produced before them BOTH