The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1870-11-17

from the Commissioner. the applicant may
have remedy by bill in equity; aud the
court having cognisance thereof. on notice
to adverse parties and other due proceed
ings had. may adjudge that such applicant
is'antitled according olaw, % receive a
patent for his invention, as specified in bis
claim. or for any part thereof. as the facts
in the case may appear. And such adju-
dicadon. If il Be in favor Of the right Of
the applicant, shall authorize the Commits
sioner TO issue such patent. on the applicant
ding in the Patent Office copy Of the
adjudication, and otherwise complying with
The acquisitions Of law And IN all cases
where there is NO opposing party copy Of
the bill shall be served on the COmmiss-
Toner, and all the expenses Of the proceed
ings shall be paid by the applicant, wheth-
or the final decision is in his favor or not
SEC. So. And be Il further enacted.
That whenever any patent is imperative
or invalid, BY reason Of q defective or In
sufficient specification. or BY reOson Of the
patentee claiming as his own invention or
discovery more than he had right to claim
as new, il the error has arisen by inadver.
tence. accident. or mistake. and without
any fraudulent or deceptive intention, the
Commissioner shall, on the surrender Of
such patent and the payment of such duty
required BY law. cause new patent for
the same invention. and in accordance with
the corrected specification, to be issued to
the patentce. or, in case Of his death or
assignment Of the whole or any undivided
part of tho original patent. to his execu-
tors, administrators or assigns, for the I'M
expired part of the term ofthe original pa
tcnt, the surrender of which shall take eff
feet upon the issue Of the amended patent;
and the Commissioner may, in his discro-
ton, cause several patents to be issued for
distinct and separate parts of the thing
patented, upon demand Of the applicant,
and upon payment ofthe required fee for
reissue for each Of such reissued letters
patent. And the specifications and claim
in every such case shall be subject to re.
vision mud restriction in the same manner
as original applications are. And the pa
tent so roissued, together with the correct
ed specification, shall have the effect and
operation in Inv, on the trial Of all actions
for causes thereafter arising, as though the
same had been originally fled in such cor
rected form; but no new matter shall be
introduced intothe specification, nor in
case Of a machine patent shall the model
or drawings be amended, except each by
the other; but when there is neither model
nor drpwing, amendments may be made
upon proof satisfactory to the Commission
err that such new matter or amendment was
part Of the original invention. and was
omitted from the specification by inadvert-
euce, accident, or mistake, as aforesaid.
SEQ. 81. And be II further enacted,
That whenever. through inadvertence. ac-
cident, or mistake, and without any frau
dulent or deceptive attention, a patentee
has claimed more than that of which he
was the original or first inventor or discover
err his patent shall be valid for all that part
which is truly and justly his own, provided
the same is a material or substantial part
of the thing patented; aud any such paten-
tee, his heirs or assigns. whether Of tue
whole or any sectional interest therein,
may. on payment of the duty required by
law, make disclaimer Of such parts of the
thing patented as no shall not choose to
claim or holdby virtue Of the patent or as
signment, stating therein the extent of his
interest 10 such patent; said disclaimer shall
be in writing, attested BY one or more wit
ncsses, and recorded in the Patent Office,
and it shall thereafter be considered MS part
of the original specification to the extent
of the interest possessed by the claimant
aud by those claiming under him after the
record thereof. But no such disclaimer
shall affect any action pending at the time
ofits being fled, except so far us may re-
late to the question Of unreasonable neglect
or delay in Cling it.
SEC. 55. Ana M 1t further enacted.
That all actions, suits, controversies, aud
cases arising under the patent laws of the
United States shall DO originally coguiza-
Bile, as we'll in equity as at law, by the cir
cult courts of the United States, or any dis
trict court having the powers and jurisdict-
ion of circuit court, or by the supreme
court of the District of Columbia. or Of
any Territory; and the court shall have
power, upon bill in equity fled by. any
party aggrieved, to grant injunctions ac-
cording to the course and principles Of
courts Of equity, to prevent the violation
of any right secured by patent, on such
terms as the court may deem reasonable;
and upon decree being rendered in any
such case for an infringement, the claim
ant shall be entitled to recover, in addi-
ton to the profits to be accounted for BY
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