New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-19

.diudge and declare either of the pa
| tents void in whole or IN part, OF
! imperative, or invalid in any par
ticilar part of the United States, according
| to the interest of the parties m the patehIt
or the Invention patented. But no such
| Judgment or adjudication shall affect the
rights of any person except the parties 10
the suit, and those deriving title under
them subsequent to the rendition OF such
| judgment.
SEC. 50. And be it further enacted, That
damages for the Infringement OF any patent
may be recovered by action on the case III
any circuit court of the United States, or
district court exercising the jurisdiction OF
| the District of Columbia, or of any Terri
tory, in the name of the party interested,
either as patentee, assignee, or grantee:
| And whenever in any such action verdict
| shall be rendered for the plaintiff, the court
NAV enter Judgment thereon for any sum
| above the amount found by the verdict as
| the actual damages sustained, according 70
the circumstances Of the case, not exceed
ing three times the amount OF such verdict,
| together with the costs.
SEC 60. And be it further enacted That
whenever, through inadvertence, accident,
or mistake, and without any willful default
| or intent to defraud or mislead the public,
patentee shall have lin his specificatlon)
| claimed to be the original and first inventor
! or discOverer of any material or substad-
tial part of the thing patented, OF which he
| was not the original and first inventor or
| discOverer as aforesaid, every such pat
entee, his executors, administrators, and
| assigns, whether of the whole or any see
tional interest in the patent, may maintain
a suit at law or in equity, for the infringe
ment of any part thereof, which was bona
| fide his own, provided it shall be a meterial
| and substantial part of the thing patented,
and be definitely distinguishable from the
| parts so claimed, without right as afore-
said, Notwithstanding the specifications
may embrace more than that of which the
| patentee was the original or first inventor
| or discOverer. But in every such case In
| which a Judgment or decree shall be
rendered for the plaintiff, no costs shall be
recovered unless the proper disclaimer has
| been entered at the Patent Office before the
| commencement of the suit nor shall he be
entitled to the benefits of this section if he
shall have unreasonably neglected or de-
layed to enter said disclaimer.
SEC 81. And be it further enacted, That
in any action for Infringement the defend
ant may plead the general issue, and hav-
ing given notice in writing to the plaintiff
or his attorney, thirty days before, may
prove on trial any one or more OF the fol
lowing special matters
First. That for the purpose of
deceiving the public the description
and specification filed by the patentee in
the Patent Office was made to contain less
than the whole truth relative to his inven-
ton or discovery, or more than is necessary
to produce the desired effect; OF,
Second. That he had surreptitiOusly or I'M
justly obtained the patent for that which
was in fact invented by another, who was
using reasonable diligence in adapting and
pertecting the same; or,
Third. That it had been patented or
described in some printed publication prior
TO his supposed invention or discovery
thereof; or,
Fourth. That he was not the original and
first inventor or discoverer of any material
and substantial part of the thing patented;
Or.
Fifth. That it had been in public use or
on sale in this country, for more than tive
years before his application for patent, or
had been abandoned to the public.
And in notices as to proof of previous in
ventiOn, knowledge, or use of the thing pat
ented, the defendant shall state the names
of patentees and the dates of their patents,
and when granted, and the names and resi-
dences of the persons alleged to have in
vented or to have had the
prior knowledge of the thing patented,
and when and by whom it had
been used; and if any one or more of the
special matters alleged shall be found for
the defendant, Judgment shall he rendered
for him with costs. And the like defenses
may be pleaded in any suit in equity for re-
lief against an alleged Infringement; and
proofs of the same may be given upon like
notice in the answer of the defendant, and
with the like effect.
Sec. g. And be it further enacted, That
yrhp hal hat no na+a
at the time of making his application for the
patent, believed himself to be the original and
first inventor or discoverer of the thing
patented, the same shall not be held to be
void on account of the invention or discOv-
cry, or any part thereof, having been known
OF used in a foreign country, before his in
vention or discovery thereof, if it had not
been patented or described in a printed
publication.
where the patentee of any invention or dis
cOvery, the patent for which was granted
prior to the second day of March, eighteen
hundred and sixty-One, shall desire
an extension of his patent beyond the
original term of its limitation, he
shall make application therefor, in
writing, to the Commissioner, setting
forth the reasons why such extension should
be granted; and he shall also furnish
written statement under oath of the ascer-
tanned value of the invention or discovery,
and of his receipts and expenditures
on account thereof, sufficiently in de-
tail to exhibit true and faithful ac-
count of the loss and profit in any manner
accruing to him by reason of said invention
or discovery. And said application shall be
filed not more than six months nor less than
ninety days before the expiration of the
original term of the patent, and no extension
shall be granted after the expiration of said
original term.
SEC. 81. And be it further enacted, That
upon the receipt of such application, and
the payment of the duty required by law,
the Commissioner shall cause to be pub
lished in one newspaper in the city of Wash
ington, and in such other papers published
in the section of the country most interested
adversely to the extension of the patent as
he may deem proper, for at least sixty days
prior to the day set for hearing the case,
notice of such application, and of the time
and place when and where the same will be
considered, that any person may appear
and show cause why the extension should
not be granted.
SEC IS. And be it further enacted,
That on the publication of such
notice. the Commissioner shall refer
the case to the principal examiner
having charge of the class of inventions to
which it belongs, who shall make to said
Commissioner full report of the case, and
particularly whether the invention or dis
covery was new and patentable when the
original patent was granted.
SEC. 66. And be it further enacted That
the Commissioner shall, at the time and
place designated in the published notice,
hear and decide upon the evidence produced,
both for and against the extension; and if it
shall appear to his satisfaction that the pat
entee, without neglect or fault on his part,
has failed to obtain from the use and sale of