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

the Patent Office. aud Of letters-pateut uns
derhe signature Of the Commissioner or
Acting Commissioner. With the seal Of Of
Gee affixed, shall be competent evidence
10 all cases wherein the originals could DO
evidence, aud any person making aPplica.
ton therefor, and paying the fee required
By law, shall have certified copies thereof
And copies Of the specifications and draw
ings Of foreign letters-pateot. certified in
like manner. shall be prima facie evidence
Of the fact Of the granting Of such foreign
letters;patent and Of the date and contents
thereof
SIS. So. Andni further enacted. That
whenever there shall DO interfering patents.
any person interested 10 any one Of such
interfering patents, or in the working Of
tue invention claimed under either Of such
patents, may have relief against the inter-
fering 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 here
inbefore provided, on notice to adverse
parties. and other due proceedings had ac-
cording to the course Of equity, may ad-
Judge and declare either Of the patents
void in whole or in part. orinoperative, or
invalid in any particular part Of the United
States. according to the interest Of the
parties in the patent or invention patented
But no such judgment or adjudication shall
affect the rights Of any person except the
parties to tho suit and those deriving title
under them subsequent to the rendition of
such judgment.
SIC. 50. AID belt further enacted. That
damages for tho Infringement Of any pat
eut may be recovered BY action on me case
10 any circuit court in the United States,
or district court exercising the jurisdiction
Of circuit court, or in the supreme court Of
the District Of Columbia. or Of any Terri
tory, in the name Of the party interested,
either as patentee, assignee, or grantee
Aud whenever in any such action YER
dict shall DO rendered for tho plaintiff, the
court may enter judgment thereon for any
snn.aboye the amount found by the vor-
dict as the damages sustained, accordingto
the circumstances ofthe case. not exceed
ing three times the amount ofsuch verdict,
together with the costs.
SIC. 60. 1nd De it further enacted,
That whenever, through inadvcrtence, &c
cident, or mistake, and without any wiIful
default or intent to defraud or mislead the
public, patcntee shall have Gin bis speci-
fication) claimed to DO the original aud
first inventor or disCoyoror Of any materi-
al or substantial part Of the thing patented,
of which he was not the original and first
inventor or iiscoverer as aforesaid. every
such pateutec, his executors, admiuistra-
tors, and assigns, whether Of the whole or
any sectional interest in the patent, may
maintain suit at law or in equity, for the
infringement of any part thereof, which was
bonafide bis own, provided it shall be
material and substantial part of the thing
patented, and be definitely distinguishable
from the parts so claimed. without right as
aforesaid. notwithstanding the specifca-
tons may embrace moro than that Of which
the patentee was the original or first in
ventor or discOverer. But in every such
case in which 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
be be entitled to the benefits of this sect
lou if he shall have uureasonably neglected
or delayed to enter said disclaimer.
ITO be Continued.