The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-16

APPLICATIONS 10 Blk GRANTED 10 AssIGNEEs OR XIX
RCUTORs OF APPLICANTS WHO FAVE DIED BEFORE
TIKI GRANTING OF PATENT.
Sec. Is. And be it further enacted, That where
any person ha, made or shall have made any new
invention, disc very or Improvement, on account Of
which a patent might, by virtue of this act be
shall be granted therefor the right Of applying for
and obtaining such patent shall devOlve upon the
executor adm nsrator OF such person in trust for
the heirs at law of the deceased in case he shall
have died ntestate; but If otherwise then In trust
for his devisees, in as full and ample manner
and under the same conditions, limitations
and restrictions as the same was held or
might have been claimed or enjoyed by such person
in his or her lifetime, and when application for q
patent shall be made by such legal Representatives,
the oath or affirmation provided In the ninth section
of this act shall be so varied as to be applicable to
them.
PATENTS NAY BIZ ISSUED TO AssIGNBEs OR EXECUTORS
GRANTS TO BE RECORDBD-MoRE FEES.
Sec. IA. And be it further enacted That any patent
may be issued to the assignee or assignee of the in
ventor or discoverer the assignment thereof being
first entered of record and the application therefor
being duly made, and the specification duly sworn to
by the inventors and that every patent and invention
shall be assignable in law, either to the whole
interest or any undivided part thereof by any insru
ment in writing; which assignment and also every
grant and conveyance of the exclusive right, under
any patent to make and use and to grant to others
to make and use the thing patented within and
throughout any. specified part or portion of the
within three months from the execution thereof for
which the assignee or grantee shall pay to the Com
missioner the sum of one dollar, when snch instru
ment shall not exceed three hundred words the sum
of two dollars when it shall exceed three hundred
and shall not exceed one thousand words and the
sum of three dollars when it shall exceed one thou
sand words which fees shall in all be paid in
advance.
lSvALIDPATENTs BY REASON OF ACCIDENTAL DEFEC-
TIVE DESCRIPTION MAY BE AMENDED FOR THE RE
MAINDER OF THE TERN OF PATENT-AMENDED PA
TENTs MAY BK ISSUED FOR DISTINCT PARTS OF A
PATENTED INVENTION.
Sec. Is. And be it further enacted That whenever
any patent which has heretofore been granted, or
which shall hereafter be granted shall be imperative
or invalid by reason of defective or insufficient
description or specification. or by reason of the
patentee claiming in hrs specification as his own in-
vention more or less than he had or shall have a
right to claim new, if the error has shall have
arisen by inadvertency or mistake and without any
fraudulent or deceptive intention, it shall be lawful
for the Commissioner upon the surrender to him of
such patent and the payment OF the further duty OF
twenty-five dollars, to cause a new patent
to be issued to the said patentee or
his assignee for the same invention for the residue
of the period then unexpired for which the original
patent granted, in accordance with the correct
ed description and specification; and in of his
death or any assignment by him made of the original
patent, similar right shall vest in his executors,
administrators or assigns, and the patent so ressued
together with the corrected description and speci-
cation shall have the 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 snch corrected
form before the issuing of the original patent. And
whenever patent shall be returned for correction,
and reissued and the patentee shall desire several
patents TO be issued for distinct and separate parts
Of the thing patented, he shall first pay in like man
ner, in addition to the provided by this act the
sum of fifty dollars for additional patents so to
lie issued. Whenever patent shall be return
ed for correction and reissue under the
provisions Of this section. the claim of such
patent shall be subject to examination, revision and
restriction in the same manner as original applica-
tons for patents, and the Commissioner shall not
grant the reissue until the applicant shall have
altered his specification and claims in accordance
with the requirements of such examination.
A COURT MAY RENDER JUDGMENT FOR THREE TINES
THE AMOUNT OF A VERDICT FOR INFRINGEMENT OF
PATENT.
Sec. l6. And be it further enacted, That whenever
in any action for damages for making, using or sell
ing the thing whereof the exclusive right is secured
by any patent heretofore granted or by any patent
which may hereafter be granted, verdict shall be
rendered for the plaintiff in such action, 1t shall be
in the power of the Court to render judgment for any
sum above the amount found by such verdict as the
actual damages sustained by the plaintiff not exceed
ing three times the amount thereof according TO the
circumstances Of the case, with costs; and such dam
ages and costs may he recovered by action on the case
in any court of competent jurisdiction to be brought
in the name names of the person or persons inte-
rested whether paentees assgnees or "a grantees
n
specified part Of the United States.
HINTS OF JUSTIFICATION To THOSE VINO INFRINGE
PATENTs-A PATENT NOT VOID oS ACCOUNT OF
PREVIOUS INVENTION, II such INVENTION BE IN
KNOWN TO THE PATESrEE, AND NOT BEFORE PA
TENTED-PROvisI0N IN CASE or PATENTS FOR
INVENTIONS BEFORE PATENTED.
Sec. IL. And be il further enacted That the de-
fendant in any such action shall be permitted To
plead the general issue and TO give this act and any
special matter in evidence IL such notice in writing
may have been given 10 the plaintiff or his attorney
thirty days before the trial. tending to prove that the
description and specification filed by the plaintiff do
lot contain the whole truth relative to hs invention
or discovery or that they contain more than Is ne
cessary 10 produce the described effect which conceal
ment 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
discoyerer of the thing patented or OF suhstan-
tial and material part thereof claimed rs new, or
that IL had been described in some public work an-
terror to the supposed discovery thereof by the pa
entee or been In public use or on SALE with the con.
sent and allowance OF the patentee before bis applica
ton for patent, that he had surrepttously UNI
Justly obtained the patent for that which i'm fact
invented or discovered by another. who was using
reasonable diligence in adapting or persecting the
same, that the patentee, IL an alien az the time
the patent was granted, had failed and neglected,
for the space Of eighteen months from the date Of
the patent, 10 put and continue on sale TO the pub
lie, on reasonable terms, the invention or discovery
for which the patent Issued; aad whenever the
defendant relies in his defence ON the fact of pre-
vious invention, knowledge or 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 prior
knowledge of the thing, and where the same had
been used in either OF which cases judgment shall be
rendered for the defendant, with costs: Provided
however that whenever il shall satisfactorily appear
that the patentee az the time OF making bis
application for the patent, believed himself
20 he the fret inventor or dscovcrer OF the
thing patented. the same shall not be- held 10 be
void on account of the invention or discovery,
or any part thereof, having been known be-
fore or used in any foreign country, il not appear
ing that the same any substantial part thereof,
had before been patented described in any printed
publication. And provided also. That whenever the
plaintiff shall fail 20 sustain his action on the
ground that in bis specif aton 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 the invention Justly and truly
specified and claimed as new, IL shall be- in the
power Of the court to adudge and award to costs
a. may appear IN be lust and equitable. And pro-
vided moreover That whenever by mist AXE accident