New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-26

10 be called in question except by direct proceeding
hereinafter provided In prosecutions for Infringement
after such confirmation the defendant shall not be per-
med how in defense that the patent was invalid Bat
in cases where justice and equity require delay OF such
prosecution until suit to set aside patent can be de-
,eiued the court before which the prose ,uton for 10
fpeemsnt shall be pending shall have power TO grant
stay Of proceedings for that purpose.
SIC iG AHd Z, further eRactrd That within one yea-
from the date of such confirmation direct proceeding
nav be Instituted aside the patent IN the manner
hereinafter uroy,dcd: after the end of which tune the
patent hall only be liable 10 attack Tor fraud or Tor oho
causes which would enable court OF equity 10 set a.de
the Judgment decree of court OF law or equity And
after the end of three years from the discovery OF aay
fraud from the existence OF any o,heE defect such de-
feet is cured. -,
from The date OF the confirmation of any Paen; as above
contemplated st any time during the NE OF any other
natent not 20 confirmed any person may ME bhi IN
equity in any OF the District Courts of the United States
where the paientee or his assignee resides 70 ans such
pa;ent The plaintiff in such sut shall notify the Gem
missioner such Patents Of the CONNIE neemeht OF such
sut and shall pay into the Patent once the sum OF try
dollar. and thereupon the Commissioner shall cause
notice 10 be published in Ike manner as heretofore PEE
scribod Of applications ios extension 0, Pses'
ANY person may make himself party TO such SUIT as
nana by notifying the Clerk of the Court of that TACT
after which he shall be entitled 10 be treated as party IN
ali respects The Court may make rules for taking depo-
stons as well regard 10 all other points OF practice
and ur,c eelure not otherwise regulated oy law ana
mon the trial of the cause the Court shan De SATISFIED una!
anv person who is plaintiff IN such proceeding Is acting
in uson with any person Interested in the letters patent,
the Court may its decree order that the cause DC us
missed without prejudice to the rSht oil any ohe person
10 file subsequent bill repeal the same letters patent
Src Is And be a further enacted, That the mode Of
serving the defendant with process may also be hNedb
he Cont and if the defendant cannot with proper dill
gepce be found in the United STATES the notice pa0sned
by the Commissioner of Patents as Aforesaid shdi %
deemed n sufficient service and the defendnnt when
served IN process in either of the modes above cone
Mated shall fail to appear defaH may be entered AGAINST
him. and decree rem tered accordingly The party ming
the bill shall be liable IN the stinsiance Tor az! t9 co'
of suit but these may be collected by hun from the de-
PENDANT isuccessfu If unsuccessful or they cannot 30
collected from the defendant all those who have made
themselves plaintiffs shall be required 10 contribute her
equal proportion of such costs the costs OF taxing te
mony shall be paid in the first instance by the party Tor
whom the testimony is taken, and be eoectao!e hnaiy
from the unsuccessful party, and be apporoned an proper
cases among all the plaintiffs. Any case OF this kind may
be taken 10 the Supreme Court OF the United states oy
either pa ~ ON appeal at any tune WITHIN one o AZ
the final decision in the Circuit Court IN ihe nahueI =,
the Supreme Court shall prescribe II the decision m 'o
Circuit Court is not appealed FROM as above proylaegS,
shall be fra and such decision or the oeci'lou vi 'v
Snn,.pe Cont annulng confirming such patent snan
be forever conclusive to the validity OF the patent,
So 10 Ind be a. further enacted That the salary OF
tho conmssioner of Patents shal be the Of -douars
ner and the salary OF the chief Clerk shall DC inc
same az that OF principal Examiner. o.,
SEc. 20. And he Il further enacted mat the CommS3
oner of Patents be- and he is hereby authorized to con-
tract for q term of four years, for sufficient number OF
copies of the descriptions, spechcaiions ana ura" o,
the cure 1T patents, they are ordered 10 Issue as VIII
suppy the Office for all purpose of reference and for GER
tilted copies which by law furnished by the Patent
Once and distribution, not exceeding four thousand
copes of each patent Pr0rded the entire cost thereof
shall not exceed five cents per copy.
SIC 81 ARd he further enacted That the Commission
or of Patents shal distribute to each aud every District
Court If the United States copy OF each letters patent
upon which the seal OF the Patent Office shall be impressed
which shall be held to be competent evidence of the sub
jeotnatter oil sed letters patent I'D an cases III when mo
original letters patent could be evdence and certified
copies any patent shall be furnished TO any applicant
therefor the terms al the written copies arc
furnished and have the same effect in law AZ written
copies provided in the fourth section OF the act entitled
An promote the progress of the useful arts aud 10
repeal oil and of heretofore made that
:" purpose approved ith july 1886.
SEC 90 aid be FURTHER enacted That all the copies Of
the record herein provided for shall be executed in the
Patent Office by contract under the direction and super
vision of the Commissioner of Pstents and official
original paper shall be taken from the office for that pur
pose.
SEC g. And be further enacted, That any person who
may have cOnrved and constructed any form for cast
ing which will require mold, matrix, pattern,
any form for article of manufacture or commodity,
which may itself be used such matrix mold pattern
for casting which may in any other manner be copied
from in such way that the c0pyist derive direct
and evident advantage from the labor k or ingenuity
Of the maker or conirye may by having the same regis
tered in The hereinafter provided obtain registry
patent therefor. Application for such patent must be
made 10 the Commissioner in the usual way The oath
must state that the applicant himself by his agent, did
deylse and construct tho article commodity which s
the suh ofhe patent he is seeking and all the other
regulations and provisions which apply the obtain
ing or peoecton patents for invention shall apply to
applications under this section far in their
they may be deemed applicable and far they not
inconsistent with the provisions Of this act
SEC. "a Ana De thTtheT CHdcd, lhat shall be
brought for the infringement OF any registry patent unless
the wOId registered with the date Of such registry be
conPcuousy cast upon or attached to the article regis
tered end all copies thereof made by the patenee his
assignee. And person shall be held TO have nfnged
such patent unless he shall have used the article regs
tered mold, matrix pattern by Of which 10
manufacture like article unless in other way he
shall have derived sensible advantage to himself by
copying hom the article go registered Oh some portion
thereof.
SEC %. Aud be It further enacted That the Commits
sioner Of Patents IL hereby authorized to cause the draw
ngs OF all patents issued during the and each
ceediDg Year. much thereof will show the exact
point OF invention in each case to be suitably engraved
that plates thereof may be prepared in 10
company his annual report for the year which such pat
ent issued Pr0vtded Such engraved plates shall
exceed cost the Of three dollars for each drawing
engraved the expense to be paid out Of the patent fund
/ SEC. 20. ind he further enacted, That the Circuit
Courts Of the United States in their respective districts
shall have jurisdiction in equity upon the application
any party holding letters patent Of the United States for
any and useful art machine manufacture or compo-
sion Of matter or having any sectional interest therein
10 issue Dunctions, both temporary and final restrain
and prevent the importation and sale OF any article ar-
Giles the product OF the same substantially the arr
machine manufacture process Of compromising NATTER
made in any foreign territory adjoining 10 the
United States anu introduced into the United States for
the purpose Of traffic Provided That before any such
injunction shall be granted The complainant shall offer in
evidence satisfactory to the Court that such article
articles was were made by art machine process
Of manufacture Of compromising matter which, If used
exercised within the United States would be
plaon OF law Infringement OF the letters patent under
which he claims And upon proper bill fed for the
purpose aforesaid the said Courts shall proceed in all re-
specs according to the rules and principles which govern
the said Courts in granting junctons to restrain and
prevent arrangements of letters patent IN other cases ana
sha grant appeals from all final DEGREES rendered therein
in like manner rs appeals are now required by law 10 be
granted in other suites in equity 10 restrain and prevent
bfringemen;s OF letters patent.
SIC. q. And be e t1rtter enacted That IT, upon tho