New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-19
NEW ORLEANS REPUBLICAN, FRIDAY, AUGUST 10, 1870
newed applications abandonment shall be

considered as question of fact.
Sec. 36. And be it further enacted, That
every patent or any interest therein shall
be asslgnable in law, by an instrument in
writing; and the patentee or his assigns or
legal representatives may, in like manner,
grant and convey an exclusive right under
his patent to the whole or any specified
part of the United States; and said assign
ment, grant, or conveyance shall be void as
against any subsequent purchaser or mort
gage for valuable consideration, without
notice, unless it is recorded in the Patent
Office, within three months from the date
thereof.
SEC. 81. And be il further enacted, That
every person who may have purchased of
the inventor, or with his knowledge and
consent may have constructed any newly
invented or discovered machine, or other
patentable article, prior to the application
by the inventor or discoverer for patent.
or sold or used one so constructed, shall
have the right to use, and vend to others to
be used, the specific thing SO made or pur-
chased, without liability therefor
SEC. 50. And be it further enacted, That
1T shall be the duty of all patentees. and
their assigns and legal representatives, and
OF al persons making or vending any
patented article for or under them, to give
sufficient notice to the public that the same
Is patented, either by fixing thereon the
word patented together with the day
and year the patent was granted; or when,
from the character of the article, this can
not be done, by fixing to it or to the pack
age wherein one or more of them is inclosed
label containing the like notice; and in
any suit for infringement, by the party fail
ing SO to mark, no damages shall be re-
covered by the plaintiff, except on proof
that the defendant was duly notified of the
infringement, and continued, after such
notice, to make, use, or vend the article so
patented.
SEC. 39. And be it further enacted, That
II any person shall, in any manner. mark
upon anything made. used. or sold by him
Tor which he has not obtained a patent, the
name or any imitation of the name of
any person who has obtained patent
therefor, without the consent of such pa
tentee, or his assigns or legal representative
or snail In any manner mark upon or athx
to any such patented article Ihe word
patent or .'patentee,' or the words
Letters patent" or any word of like i'm
port, with intent TO initiate or counterfeit
the mark or device of the patentee, without
having the license or consent of such pa
tentee or his assigns or legal representa-
tiyes; or shall III any manner mark upon or
afflX TO any unpatented article the word
patent or any word importing that
the same is patented, for the purpose of de-
ceiving the public, he shall be liable for
every such otiense to a penalty of not less
than one hundred dollars, with costs: one
moiety of said penalty to the person who
shall sue for the same, and the other to the
use OF the United States, to be recovered by
suit III any district court of the United
States within whose jurisdiction such
ottense may have been committed.
SEC. 40. And be it further enacted, That
any citizen of the United States, who shall
have made any new invention or discovery.
and shall desire further time to mature the
same, may, on payment of the duty re
quired by law. file in the Patent Office
caveat setting forth the design thereof. and
OF its distin gushing characteristics. and
praying protection of his right until he
shall have matured his invention; and such
caveat shall be filed IN the confidential ar
chives Of the office and preserved in Sc
crecy, and shall be operative for the term
of one year from the filing thereof: and if
application shall be made within the wear
by any other person fora patent with which
such caveat would in any manner interfere.
the Commissioner shall deposit the
description, specification. drawings and
model of such application in like manner in
the confidential archives of the Office, and
give notice thereof, by mail, to the person
filing the caveat, who. if he would avail
himself of his caveat, shall file his descrip-
ton, specifications, drawings, and model
within three months from the time of plac-
ing said notice in the post Office in Wash
ington, with the usual time required for
transmitting it to the caveator added there
to, which time shall be Endorsed on the no.
tice. And an alien shall have the privilege
herein granted, if he shall have resided in
the United States one year next preceding
the filing OF his caveat, and made oath OF
his intention to become a citizen.
SEC H. And be it further enacted. That
whenever on examination, any claim for a
patent is rejected for any reason whatever.
the Commissioner shall notify the applicant
thereof. giving him briefly the reasons for
such rejection, together with such informa-
ton and references as may be useful in
Judging of the propriety of renewing his
application or of altering his specification:
and if, after receiving such notice, the APP
plicant shall persist in his claim for Il patent,
with or without altering his specifications
ton of the case.
SEC. AZ And be it further enacted, That
whenever an application is made for pat
ent which, in the opinion OF the Commits
sioner, would interfere with any pending
application, or with any uneXpired patent,
he shall give notice thereof to the appli-
cants, or applicant and patentee, as the case
may be, and shall direct the primary ex-
aminer to proceed to determine the ques
ton of priority of invention. And the
Commissioner may issue patent to the
party who shall be adudged the prior in
ventor, unless the adverse party shall APP
peal from the decision of the primary ex-
aminer, or of the board of eXaminers-in-
chief. as the case may be, within such time,
not less than twenty days, as the Commits
sioner shall prescribe.
SEC. 43. And be it further enacted That
the Commissioner may establish rules tor
taking atlidavits and dispositions required
in cases pending in the Patent Office, and
such atfidavits and dispositions may be
taken before any officer autho rlzed by law
to take dispositions to be used in the courts
of the United States, or of the State where
the officer resides.
SEC. A. And be it further enacted, That
the clerk of any court of the United States,
for anv district or Territory wherein testi-
mony is to be taken for use in any contested
case pending in the Patent Office, shall,
upon the application of any party thereto,
or his agent or attorney, issue subpoena for
any witness residing or being within said
district or Territory. commanding him to
appear and testify before any officer in said
district or territory authorized W take Ut
positions and affidavits, at any time and
place in the subpoena stated; and IT any
witness. after being duly served with such
subpoena shall neglect or refuse to appear,
or after appearing shall refuse to testify,
tbe iudge Of the court whose clerk issued
the subpoena may, ON proof of such neglect
or refusal. enforce obedience to the process,
or punish the disobebience as In other like
SEC. As. And be it further enacted, That
every witness duly subpenaed and in at
tendance shall be allowed the same fees as
are allowed to witnesses attending the