The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1870-12-30
con,i..ed from First Page.

Sv,s snd Ia deGnteiy distinguishabe ffom the
narts 40 eiaimed without right as Aforesaid. not
Wthstanding The sPecifcstlons may V os
srt inventor or discovcrcr But In every such case
IN vbieh \ Judgment or decree shall be rendered
for the plaintiff, costs shall DO recoVeica unnes
the pru,,er disclaimer has been entered al tho TAT
snt oi,ee before the commencement Of the suit;
no, .haii he be entitled 10 the benefits OF this Soc
ton II no shall unreasonably have neglected or do
ssc ~ And be- N further enacted, That In any
action for infringement the defendant may plead
the general Issue. and having given nogce ~ VIZ
fore may prove On trial any one or moro Of the oi
lowing special matteri ,,.
Firsi. That FOR the purpose Of deceiving the pub
sS enc .e' in sSs Patent once was made 70 contain less
than the whole truth relative To his Invention or
discovery, or more than 10 necessary 70 produce tho
Second. That he had surreptitiously or unju,tly
obtained the patent for that which was, in Tact,
invented by another, who was using reasonable dill
igence In adapting and perfecting the samei Of,
some printed publication prior 10 his supposed In
vention or discovery thereof or,
Fourth. That he was not the original and frst In.
vcntor or dscovercr Of any material and substantial
fifth. That 1t had been In public usc or on sale
In this country for more than two years before his
application for patent or had been abandoned to
the public.
And in notices as to proofof previous invention,
knowledge, or use Of the thing patented the deien
dant shall state the names OF patentees and the
dates oftheir patents, and when granted, and the
names and residences Of the persons alleged TO have
invented 10 have had the prior knowledge OF the
thing patented, and where and by whom u had been
used and " any one or more OF the special matters
ALLEGED shall be found for the defendant Judgment
shall be rendered for him with costs. And the like
defenscs may DO pleaded In any suit In equity for
relief against an alleged infringement; and proofs
ss or an& With the ike
SIC 62. And be II further enacted, That whenev.
or II shall appear that the patentee, at the time OF
making his application for the patent, believed
coverer Of tho thing patented the same shall not DO
held 10 be void on account Of the invention or dis
ooyery thereof FIT had not been patented, or do
scribcd in printed publication.
SIC. CT And be II further enacted, That where the
Tor which was granted prior 70 the second day Of
March, eighteen hundred and sixty-one, shall de.
sire extension Of his patent beyond the original
term oil Limitation, he shall make application
therefor In writing, ~ the Commissioner. setting
forth the reasons why such extension should be
granted and he shall also furnish written state
mcnt under oath Of the ssoertained value OF the In
dtures on account thereof, sufficiently in detail 70
exhibit true and faithful account OF tho loss and
profit In any manner accruing TO him by reason oil
said invention or discovery. And said application
than ninety days before the expiration OF the orig.
nal term OF the patent, and no extension shall DO
granted after the expiration OF said original term
SEc. 60. And be Il further enacted, That upon the
receipt OF such application, and the payment Of the
duty required by law, the Commissioner shall
cause 10 be published In one newspaper in the city
Of Wa'hngton and 10 suen other papers puSld'nSSa
versely 10 the extension OF the patent rs he may
deem proper FOR at least sixty days prior 70 the day
set for hearing the case, notice OF such application
and of the time and place when and whore the same
will be considered, that any person may appear and
show cause why the extension should not DO grant
cd.
publication OF such notice, the Commissioner shall
refer the case 10 the principal examiner having
charge OF the class Of inventions 10 which belongs
-hS shall make 70 said cS%msSnsr m aSPGr.
or discovery was new and patentabe when tho orig
inal patent was granted.
SEC. &C. And DO u further enacted, That the Com
missioner shall, at the time and place designated
I'm the public notice, hear and decide upon the EVIL
dence PRODUCED both for and against the extensions
and II II shall appear % his satisfaction that the
patcntee without neglect or fault on his part, has
hiled TO obtain nom the use and sale OF his invsn
time ingenuity, and expense bestowed upon II, and
the introduction oft into and that just and
proper, having due regard ~ the public Interest,
said Commissioner shall make q certificate thereon,
renewing and extending the said patent for the
term Of years from the expiration OF the first
III,
tent Office, and thereupon the said patent shall
have the same effect in law though II had been
originally granted for twepty-one years.
SHC CT. And he IL further enacted, That the beno-
n Of the extension OF patent shall extend TO the
assgnecs and grantees OF the right to use the thing
patented 70 the extent Of their Interest therein.
SIC c.. And be II further enscted, That the fol-
lowing shall be the rates for patent fees
On fling each original application for q patent,
fifteen dollars.
I'm flnV caypat. en- dollars
On every application for the reissue OF patent,
thirty dollars.
On every application for the extension OF pa
On The granting Of every extension Of patent
On an appeal for the first tlmo nom the primary
examiners 10 tho examiners.in-chef,t ten dollars.
On every appeal from the examiners-in-chicf TO
THE Commissioner. twenty dollars.
For certified copies OF patents and other. papers,
ten cents per hundred words.
For recording every assignment, agreement,
power OF attorney, or other paper OF hundred
and under one thousand words two dollars; Of over
one thousand words, three dollars.
For copies for drawings, tho reasonable cost OF
making them.
SIC. ca. And he II further enacted. That patent
fees may he paid 10 the Commissioner, or TO the
Treasurer or any OF the assistant casurers OF the
United States or TO any Of the designated deposit
designated by the Secretary Of the Treasury for
that purpose, who shall give the deposition 70.
ceipt or certificate OF deposit therefor. And all
or rom any source whassser, shall DO paid into tho
treasury az received, without any deduction what
ever and all disbursements for said Office shall DO
made by tho discussing clerk OF the Interior De-
partment
SIC. 10. And 10 II further enacted, That tho
Treasurer OF the United states IL authorized TO pay
shall have paid the same into the treasury, or 10
any receiver or depostary, TO the credit OF tho
Treasurer, As for fees accrung at tho Patent Onco
through mistake, certificate thereof being made 10
said Treasurer by the Commissioner oi Patents
SEC H. And be Il further enacted. That any person
Who by Ills own Industry. genius Efforts, and expense
has invented produced any new and original design
for manufacture, bust statue, alto-rslie,o, oI pas
woolen, SILK. cotton, or other abr,cs; any new and
original impression ornament. pattern, print or pic
ON or worked into any article of manufacture; any
new useful and original shape or csnnguration OF any
or nsed by others before his Invention production
thereof or patented described In any printed pnbii-
may TSn lad y. me same q s
Inventions or discoveries, obtain patent therefor.
s.sns; m. na S.pense With %Ses o. design. when
the design can be sufficiently represented by drawings
SEC n. Aud be II further enacted. That patents for
designs may be granted Tor the term Of three years and
six months for seven years or for fourteen years,
sEc. a. And be IL further enacted, That patentees
Of designs issued prior to March two eighteen hundred
aud sixty-one, shall be entitled To extension Of their
respective patents tor the term bf seven years In tile
same manner and under the same restrictions
provided for the extension Of patents for inventions
discoveries issued prior TO the second day Of March,
eighteen hundred and sIxty-one.
SIC Is And he Il further enacted. That The follow
Ing shall he the rates OF fees In design cases;
For three years and six months' ten dollars,
For seven years, nfiecn dollars.
for fourteen years. thirty dollars.
For All other cases I'm which ices required, the
same rates as IN Of inventions or discoveries.
STc 76 And be u further enacted That all the reg
ulaiions and provisions which apply TO the obtaining
or protection of patents for inventions discoveries
not Inconsistent with the provisions Of this act shall
apply 10 patents Cor desiens.
sEc a. And he 70 further enacted, That any person
or rm donIIced IN the United STATES, and any corpo-
ration created by the authority % the United States
on any state or Territory thereof and amy person. firm,
or corporation resident OF located In any foreisn
country which ny treaty convention affords similar
privileges On citizens az the United States and who
entitled to the exclusive ue of any lawful Trademark,
or w no intend to adopt and amy trade mark
elusive use within the United states may obtain pro-
lection for snch lawful trademark by complying with
the following requirements. To wit:
First By causing To be rrcoried IN the Patent once
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