The weekly standard., 1870-08-17

are paid or rendered hun at the time of the scry
ice OF the subpoena: nor for refusing 10 disclose
| by himself "'"uo VI ''N' ~"
Sec 46. And he it further enacted, That every
appncadt Tor patent or the reissue of patent,
any oi the claims which has been twice rejected,
anu a every party to an interference may appeal
s 1Io.h tne decision of the primary examiner, or
S,h y, ,ue examiner In charge of interference, in
sucn case to the board OF conference.-the.
ded by law.
sec, AZ: And be il further enacted, That II such
paIty is dissatisfied with the decision OF the ex-
aan..tners-ln-chief, a.. he may, on payment Of the
e;n aI.y required BY law, appeal to the Commits
sec. AZ. And be if further enacted, That il such
patty except party to an interference, is dis
satisued with the decision of the Commissioner,
ne may appeal to the supreme court of the Dis
'rtet OF Columbia, sitting in banc. .
sec 49, And be it enacted, That when an ap-
peal is taken to the supreme court of the Dis
tict OF columbia, the appellant shall give notice
.ueIeOi 10 the Commissioner, and file in the Pa
tent once, within such time as the Commits
siener shall appoint, his reasons of appeal, spe
cincaily set forth in writing.
sec 5O. And be it further enacted, That it
snali be the duty of said court, on petition, to
near and deteamine such appeal, and to revise
the desisloe appealed fiom in q summary way
on the evidence produced before the commits
pace oil hearing; and the revision shall be con-
nhcd 10 the points set forth in the reason of ap-
peal. And after hearing the case, the court shall
return to the Commissioner a certificate of its
proceedings and decision, which shall be enter
60 oI record in the Patent Office, and govern the
iurther proceedings of the case. But no opinion
or decision of the court in any such case shall
preclude any person interested from the right to
contest the validity of such patent in any court
wherein the same may be called in question.
sec 81. And be it further enacted, That on
receiving notice of the time and place of hear
ing such apdeal, the Commissioner shall notify
al parties who appear to be interested therein,
In such manner as the court may prescribe The
party appealing shall lay before the court certi-
ned copies of all the original papers and evil
dence in the case, and the Commissioner shall
furnish 1t With the grounds of his decision, fully
set forth ir Writing touching all the points in
VOWED by reasons of appeal. And at the re-
quest oil any party interested, or of the court,
s; .ne commissioner and the examiners may be ex-
amined uuder oath, in explanation yf the prin-
ciples OF the machine or other thing for for which
patent Is demanded
Sec So and be it iurtocr enacted, That when.
ever patent on application is refused, for any
reason whatever, either by the Commissioner or
by the supreme court of the District of Colum-
bla upon appeal from the Commissioner, the ap-
plicant may have remedy by bill in equity; and
Tie court having cogniZance thereof, on notice
to adverse parties and other due proceedings
.had, may adjudge that such applicant is entitled,
according to law, to Ieceive patent for his in
vention, as specified in his claim, for any part
thereof, as the facts in the case may appear And
such adjudication, and otherwise complying with
the acquisitions OF law. And in all cases where
there Is no opposing party a copy of the bill
shall be served on the Commissioner, and all
the expenses of the proceeding shall be paid by
the applicant, whether the final decision is in
his favor or not.
Sec. So. And be it further enacted, That when.
ever any patent is imperative or invalid by rea-
son OF the patentee claiming as his own inven-
ton or discovery more than he had a riffht to
claim as new, if the error had arisen by in advcr-
renee, accident, or mistake, .and without any
fraudulent or deceptive intention, the Commits
sioner shall, on the surrender of such patent and
the payment of tie duty required by law cause a
new patent Tor the same invention, and in accor.
dance with the corrected specification, to be is
sued to the patentee, or in the case of his death
or assignment OF the whole or any undivided
part OF the original patent to his executors, ad-
illustrators, or assigns, for the unexpred part
OF the term of the original patent, the surrender
oil which shall take effect upon the issue of the
amendment patent; and the commissioner NAV
IN his discretion, cause several patents to be
issued lor distinct and several parts OF the
thing patented, upon demand of the applicant,
and upon the payment of the required fec for
reissue for each of such reissue letters
patent And the specifications and claim
iu ofeiy SUCH case snail be subject to |
revision and restriction in the same manner ms
original applications are And the patent SO re-
Issued, together with the corrected Specification
shall have the effect and operation in law, on |
the trial OF all actions for causes thereafter aris
Ing as though the same had BEEN originally filed
IN Such corrected form; but no new matter |
shall be intro duced into the specification. nor i'm
case OF machine patent shall the model or |
drawing be amended, except each by the other |
but when there is neither model nor drawino |
amendments may be made upon proof satisfac.
tory To the Commissioner that such new matter |
or OF; ainenament was part OF the original inven-
tion, and was omitted from the specification by |
inadvertence, accident, or mistake, as aforesaid
Sec 81. and be it further enacted, That when
ever through inadvertence, accident, or mistake
anu without any fraudulent or deceptive inten.
tlon, a patcntee has claimed more than that of |
which he was the original or first inventor or |
discoverer, his patent shall be valid fol. al tpat
part which Is surn paIentee hls heirs
ona interest fsfsin maS on payment tS of tbe
duty required by law, make claim or to hold by |
virtue of the patent or assignment, stating |
therein the extent of his interest in such pa |
tent said disclaimer shall be in writing, attes-
ted by one or more witnesses, and recorded in |
the Patent Office, and it shall thereafter be con
sidercd as part OF the original specification to |
the extent of the interest possessed by the |
claimant and by those claiming under him after |
the record thereof. But no such disclaimer shall |
affect any action pending at the time fits being
filed, except SO far as may relate to the gucs-
tion of unreasonable neglect delay in filing it.
Sec So. And be it further enacted, That all
actions, suits, controversies, and cases arising
under the patent laws of the United States shall
be ori ginaily eognizable, as well in equity as
at law, by the circuit courts of the. United
States. or any district court having the powers
and jurisdiction of circuir court, or by the su-
preme 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 according 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 rendered in any such case
for an Infringement the claimant shall be ent
tied to recover, in addition to the profits to be
accounted for by the defendant, the damages
the damages the complainant has sustained
thereby, and the court shall assess the same or
cause the same TO be assessed under its direc-
ton, and the court shall have the same powers
to increase the same in its discretion that are
given by this act to increase the damages found
by vercicts in actions upon the case but all ac-
tos shall be brought during the term for which
the letters patent shall be granted or extended,
or within six years after the expiration thereof.
Sec. 56. And be 1t further enacted, That writ
OF error or appeal to the Supreme Court of the
United States shall lie from all judgments and
DEGREES of any circuit court, or any district
court exercising the jurisdiction of a circuit
court, or of the supreme court of the District
of Columbia or OF any. Territory, in any action,
suit, controversy, or case at law or in equity,
touching patent rights, in the manner and un-
der the same circumstances as in other judg
ments and DEGREES OF such circuit courts, with
out regard to the sum of value in controversy.
Sec. 81 And be it further enacted That writ
ten or printed copies of any records, books, pa
pers, or drawings belonging TO the Patent Office,
and of letters-patent under the signature of the
Commissioner or Acting Commissioner, with
the seal ef office affixed, shall be competent evil
dence in all cases wherein the originals could
be evidence, and any person making application
therefor, and paying the fee required by law,
shall have certified copies thereof. And copies
oil the specifications and drawings of foreign
letters patent, certified in like mvnner shall be
prima facie evidence of the fact of the granting
OF such foreign letters rs-patent, and of the date
and contents thereof
Sec, 5S. And be it further enacted, That when
ever there shall be interfering patents, any per-
son interested in any Cne OF such Interfering
patents, or in the working OF thes INVENTOR
| claimed under either OF such patents, may have
relief against the interfering patentee, and all
| parties interested under him, by suit in equity
| against the owners of the interfering patent
and the court having cognizance thereof, as
| hereinbeiore provided, on notice to adverse par
| ties, and other due proceedings had according
10 the course of equity, may adjudge and declare
either OF the parents void in whole or in part, or
| imperative, or invalid in any particular part ol
the United States, according to the interest Of
the parties in the patent or the invention patent
| cd But no such Judgment or adjudication shall
affect the rights of any person except the pSr-
| tios to the suit aud those deriving title undei
them subsequent TO the rendition OF such judg-
ment.
Sec. So And be it further enacted, That dam
ages for the Infringement Of any patent may be
| rrcoyprpd Inv action on TIE case in any circuit