Arkansas true Democrat., 1861-11-14

substantial part thereof hal before been patehleo or described in any printed pubhcaton HnG, pro, uided, also, That whenever the pialntih snai laii to sustain his action on the ground that in his pe c;6catiou or claim is embraced more than that of which he was the first inventor, if 1t shall appear that the defendant has used or violated any part o the invention justly and truly specified ana ciaile' as new it shall be in the power of the court to au- judge and award, as to costs, as may appear 'o oe just and equitable. ~
 ever there shall be two interfering patents' or whenever patent or application shall have peeh refused on an adverse decision ot thesauorney So neral, on the ground that that patent apPiieu ioi would interfere with an unexpred patent prey lou0 lv granted, any person interested III such l"toH' either by assignment or otherwlse III lile ohe Iaoo and any such applicant in the other case may ii"f0 remedy in equity: and the court having coGniZallce thereof on notice to adverse parties, ana other uue nroceedinCs had may adjudge ana oeciNe cI'hpi the patents void in the whole or ID part or lioPe rative and invalid in any particular part oI Pc v'o. of the Confederate States, according 10 tue in1oi est which the parties to such suit may possess Ill the patent or the invention patented; anu ili'i ,o adiudge that such applicant IS entitled, iccoi'IHo to the nrincines and provisions of this act to nave and receive q patent for his invention, as specIheu in his claim. or for any part thereon, aS tle "O VI nr;oritv or oht or invention shall in any such case' be made to appear. And such adludlcatloh' u lV ba in Ei''4- thorze the commissioner to issue such patent oh his flino CODY of the adjudication and otherwise con,nlving with the acquisition ot thls act: IT'D ,,;ded bomerer. That no such judgment or adJudl- cation shall affect the rights of any person except the parties to the action and those denVlhg titie from and under them subsequent to the Tehdl'ioh of such judgment. | SEC Is. And De i further enacted, That all ac- tions suits controv ersies and cases al1snS undef any law of the Confederate States, granting or con frming to inventors the exclusive right to thef ln- yentions or discoveries shall be on9lnally coShZ'- be as well in equity at law, by the district courts of the Confederate States, which courts snail nav power in any such to grant njunctionS accord ing to the course and principles O courts o equlVY to prevent the violation of the rights of any inven- tor as secured to him by any law of the Coniede- rate States on such terms and conditions as said courts may deem reasonable: Pr0rldcd, h0UeUeT That from all judgments and decress from any sucl court rendered in the premises, Wlt ol error ol appeal as the case may require, shall lie to the supreme court of the Confederate States in the same manner and under the same circumstances a' is now provided by law in other judgments and de crees of district courts and in all other cases II | which the court shall deem 1t reasonable to allow l the same
 SEC l6 And De t further enacted, That 1t shal | be the duty of the commissioner to cause to Ut classified and arranged, in such rooms or gallene l F'-O'
 cases when necessary for their preservation, an, in such manner as shall be conducive to beneh
 cial and favorable display thereof, the moce's am
 specimens of compositions and fabrics, anu othe
 manufactures and works of art, patented or unpat
 ented which have been or shall hCreattcrbe dep0s
 ited in said office. And said rooms or gaiieIc
 shall be kept open during suitable hours for pubi
 inspection.
 SEC r. And be t further enacted That when
 ever a patent shall be returned for correction an
 reissue under this act. and the patentee shall GC
 sire several patents to be s-ued fur distinct and SC
 parate parts of the thing patented, ne Shai nrs
 nav in manner and ill addition tc the sum provde
 hv this act the sum of twenty dollars for each ad
 ditional patent so to be issued nor shall any ne
 patent be issued for an improvement made III an . machine, manufacture or process, to the orl@lh'
 inventor. assignee possessor ot patent thtitlo
 nor any disclaimer he admitted to record, unn' duplicate model or drawing of the same snail nav been deposited in the patent office, Ii the commlS sionqr shall require the same; nor shall any pate1
 be granted for an invention, improvement or ii:
 coverv, the model or drawing oi which shall ha1
 been lost until another model or drawing, II r , ouired by the commissioner, shall ill like manE' be deposited in the patent office And in all sue cases the question ot compensation Tor Such moGe and drawings shall be subj ect to the judgment ar tEot1i-y- ret tA eaailss.oner. under the same I'm issued to the ass gnee or assgnecs of the invCnt I or discoverer, the assignment thereof being fir c of record, and the application therefor being du n made, and the specification duly sworn to by u f inventor. And in all cases hereafter the applica for patent shall be held to furnish duplicate dray 0 l ings, whenever the case admits of drawings, one s which to be deposited in he office, and the oth :, to be annexed to the patent and considered pa 7 of the specification.
 : SEC. l9. ind De t f4rther enacted, That whel ever any patentee shall have, through inadyertenc accident or mistake made his specification of cai1 too broad, claiming more than that of which | was the original or first inventor, some matcri; and subtantial part of the thing patented bein truly and justly his own, any such patentee his ao
 ministrators, executors and assigns, whether of
 whole or of sectional interest therein, may mak disclaimer of such parts of the thing patented
 the discaimant shall not claim to hold by virtue
 the patent or assignment, stating therein the exten
 of his interest in such patent, which disclaime
 shall be in writing, attested by one or more wit
 nesses, and recorded in the patent office, on pay
 ment by the person claiming, n manner a5 otht
 patent duties required by law to be paid, of tn
 sum of ten dollars. And such disclaimer shaI
 thereafter be taken and considered as part of tlI
 original specification, to the extent of the interes
 which shall be possessed in the patent or right SC
 cured thereby by the disclaimant, and by thos
 claiming by or under him, subsequent to the recor
 thereof But no such disclaimer shall affect an
 action pending at the time of its being filed, ex
 cept so far as may relate to the question of unrea sOnablc neglect or delay in filing the same.
 SEC. 20 And 6e uJuyther enacted, That vlleneye application shall be made to the commissioner for patent fer a newly discovered improvem to be made 10 an existing patent, or wherever paten shall be returned for correction and re issue the spe cihcalon Of claim annexed to every such patentshal be subject to revision and restriction, ill the sam
 manner as are orig nal applications for patents th commissioner shall not add any such improvement to the patent in the case nor grantthe reissue in the other case until the applicant shall have en tered disclaimer or altered his specification c l claim ill accordance with the decision of the com missioner; and in all such cases the applicant, il dissatisfied with such decison shall have the same remedy and be entitled to the benefit of the same privileges and proceedings as are provided by law 1 in the case of original applications for patents. SEC. 2l. And be u further en0cted, That when ever, by mistake, accident nadvertence, and without any wlful default or intent to delraud oI mslead the public, any patentee shall have in his specification, claimed to be the original and first inventor or dscoverer of any material or substan- tial part of the thing patented, of which he was not the original and first inventor and shall have no legal or just ri ght to claim the same, in every such the patent shall be deemed good and valid for much of the invention or discovery as shall be truly and bona tide his own: Prouided It shall be material and substantial part of the thing patent ed, and be definitely distinguishable from the other parts so claimed, without right as aforesaid And every such pat tentee his executors administrators and assigns whether of a whole or of a sectional interest therein, shall be entitled to maintain suit Ut law or in equity such patent for any such in Engagement of such part of the invention or dis covery as shall be bona ,fde his own as aforesaid,