The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-16
NEW YORK HERALD TUESDAY, FEBRUARY l6, 1853

the license or consent of such patentee, his as
signs or legal representatives shall write, paint,
print mould cast, carve engrave, stamp, or 0ther-
wise make or atfix the word patent" or the words
"letters patent" or tine word 'patentee," or any
word or words OF like kind meaning or import, with
the view or intent of initiating or counterfeting the
stamp, mark or device, of like import, on any
unpatented article, for the purpose OF deceiy-
ing the public, he; she or they 50 Of.
to a penalty of not less than one hundred dollaro
with costs to be recovered by any action, in any of
the Circuit Courts of the United States or any of
the District Courts of the United States having the
powers and jurisdiction of Circuit Court one half
of which penalty as recovered shall be paid to the
patent fund and the other half to any person who
shall sue for the same.
PATENTEEs TO STAMP ALL ARTICLES.
Sec. "a And be it further enacted, That all pa
tentees and asignees Of patents, hereafter granted
are hereby required to stamp engrave, or cause TO
be stamped or engraved, on each article vended or
offered for sale, when it can be conveniently DONE
on the article and when it cannot be conveniently
done on the single article, then on the package, en-
velope or label Of an aggregated number thereof
the date Of the patent and the word patented :"
and if any person or persons, patentees assignees
shall neglect to do So he, she or they, shall be
liable to the same penalty, to be recovered and dis
posed of in the manner specified in the foregoing
{23d) section of this act.
PROVISIONS FOR PATBNTING ARTICLES PATENTED IN
FOREIGN COUNTRIES.
Sec. 20. And be 1t further enacted, That no per-
son shall be debarred from receiving patent for any
invention discovery, by reason OF the same having
been patented in foreign country more than a six
the same shall not have been introduced into public
and common in the United States prior to the
application for such patent: And provided, also,
to the term of fourteen years from the date pub
lcation of such foreign letters patent.
PURCHASERS OF PATENTS TO HAVE THE SAME RIGHTS
AS PATENTEEs-PRovIsIoNs IN CASES OF PRIOR
USE.
Sec. &c. And be it further enacted, That every
person or corporation that has or shall have pur-
chased or constructed any newly invented machine,
manufacture or composition of matter prior to the
application by the inventor or discOverer tor pa
tent. shall be held to possess the right to use, and
vend to others to be used, the specific machine,
manufacture composition of matter made or
purchased without liability therefor to the inventor
any other person interested in such invention;
and no patent shall be held to be invalid by reason
Of such purchase, sale use, prior to the applca-
tion for patent as aforesaid, except on proof of
abandonment of such invention to the public, or
that such pur, hase sale or prior use has been for
more than two years prior to such application for
patent.
MONEYS PAID INTO THE PATENT OFFICE BY MISTAKE
TO RETURNED.
Sec. o. And be il further enacted, That the Trea-
of the United States is hereby authorized to
pay back ont of the patent fund any sum sums of
money to any person who shall have paid the same
into the Treasury, or to any assistant treasurer
,
Patent Office through mistake, and which are not
provided to he paid by law certificate Thereof being
made to said Treasurer by the Commissioner of
Patents.
THE COMMISSIONER TO MAKE RULES FOR TAKING
EVIDENCE.
Sec. 2s. And he it further enacted. That the Com
missioner of Patents shall have power to make all
such rules and regulations In respect TO the taking
of evidence 10 be used in contested cases before
him, as may be Just and reasonable.
THE COMMISSIONER TO EMPLOY AS MANY CLERKS AS
Sec. 20. And be it further enacted, That the Com
missioner of Patents is hereby authorized to en-
ploy, from time to time as many temporary clerks
as may be necessary to execute the copying and
drafting required by this act, and to examine and
compare the records with the originals, who shall
receive not exceeding ten cents for every page Of
one hundred words, and for drawings and compari
Of records with originals, such reasonable com
pensati0n ~ shall be prescribed by the Commits
sioner; and he is also hereby authorized TO employ
watcbmen, laborers, and assistant messengers and
to pay them, respectively such wages as in his iudg
ment j. consistent with the wants and circumstances
Of the the Office. and also to have copied any draw
ings in the files of the office that he may think IL
important TO the Office to have duplicates Of and to
pay all reasonable charges for the same
Sec. 80 And be it further enacted, That all acts,
and parts Of acts heretofore passed this subject,
be, and the same are hereby repealed: Provided,
however, that all actions and processes in law or
equity, sued out prior to the passage OF this act may
be prosecuted to final Judgment and execution in the
same though this act had not been passed:
And provided also That all applications for patents
pending at the time Of the passage of this act, In
cases where the duty has been paid, shall he pro-
ceeded with and acted upon in the same manner as
though filed after the passage thereof.