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1. Moby Thesaurus II by Grady Ward, 1.0
OK, admission, aegis, allowance, apparent, arm, arm guard, armor, authorize, backstop, blank check, blatant, bless, bound, brevet, buffer, bulwark, bumper, carte blanche, certificate, certificate of invention, certify, champion, charter, clean-cut, clear, clear as crystal, clear-cut, cloak, compass about, concession, condition, confine, consent, conserve, conspicuous, contain, contraceptive, control, copyright, cover, crash helmet, crystal-clear, cushion, dashboard, defend, defined, definite, diploma, diplomatic immunity, discernible, discharge, discipline, dispensation, distinct, dodger, draw the line, empower, enable, enfranchise, ensure, entitle, evident, exception, exemption, explicit, express, face mask, favor, fence, fend, fender, finger guard, flagrant, foot guard, franchise, freedom, fuse, give official sanction, give power, glaring, goggles, governor, grant, gross, guarantee, guard, guardrail, hand guard, handrail, harbor, hard hat, haven, hedge about, helmet, immunity, in focus, indisputable, indubitable, indulgence, insulation, insure, interlock, keep, keep alive, keep from harm, keep intact, keep inviolate, keep safe, keep up, knee guard, knuckle guard, laminated glass, leave, legalize, legislative immunity, legitimize, letters patent, liberty, license, life preserver, lifeline, lightning conductor, lightning rod, limit, maintain, make safe, manifest, mask, moderate, mudguard, narrow, nestle, nose guard, not destroy, not endanger, not expend, not use up, not waste, noticeable, observable, obvious, okay, open-and-shut, pad, padding, palladium, palpable, perceivable, perceptible, permission, permission to enter, permit, perspicuous, physical, pilot, plain, plain as day, police, preserve, preventive, privilege, prominent, pronounced, prophylactic, protect, protective clothing, protective umbrella, qualify, rank, ratify, register, registered trademark, release, restrain, restrict, ride shotgun for, royal grant, safeguard, safety, safety glass, safety plug, safety rail, safety shoes, safety switch, safety valve, sanction, save, scant, screen, seat belt, secure, seeable, self-evident, self-explaining, self-explanatory, service mark, shelter, shield, shin guard, shroud, spare, special favor, special permission, specialize, staring, stint, straightforward, straiten, sun helmet, support, sustain, tangible, ticket, ticket of admission, to be seen, trade name, trademark, transparent, umbrella, unclosed, underwrite, unequivocal, unmistakable, unobstructed, uphold, validate, visible, vouchsafement, waiver, warrant, well-defined, well-marked, well-pronounced, well-resolved, windscreen, windshield
Dictionary Results for patent:
1. WordNet® 3.0 (2006)
patent
    adj 1: (of a bodily tube or passageway) open; affording free
           passage; "patent ductus arteriosus"
    2: clearly revealed to the mind or the senses or judgment; "the
       effects of the drought are apparent to anyone who sees the
       parched fields"; "evident hostility"; "manifest disapproval";
       "patent advantages"; "made his meaning plain"; "it is plain
       that he is no reactionary"; "in plain view" [syn: apparent,
       evident, manifest, patent, plain, unmistakable]
    n 1: a document granting an inventor sole rights to an invention
         [syn: patent, patent of invention]
    2: an official document granting a right or privilege [syn:
       patent, letters patent]
    v 1: obtain a patent for; "Should I patent this invention?"
    2: grant rights to; grant a patent for
    3: make open to sight or notice; "His behavior has patented an
       embarrassing fact about him"

2. The Collaborative International Dictionary of English v.0.48
Patent \Pat"ent\ (p[a^]t"ent or p[=a]t"ent), a. [L. patens,
   -entis, p. pr. of patere to be open: cf. F. patent. Cf.
   Fathom.]
   1.

   Note: (Oftener pronounced p[=a]t"ent in this sense) Open;
         expanded; evident; apparent; unconcealed; manifest;
         public; conspicuous.
         [1913 Webster]

               He had received instructions, both patent and
               secret.                            --Motley.
         [1913 Webster]

   2. Open to public perusal; -- said of a document conferring
      some right or privilege; as, letters patent. See Letters
      patent, under 3d Letter.
      [1913 Webster]

   3. Appropriated or protected by letters patent; secured by
      official authority to the exclusive possession, control,
      and disposal of some person or party; patented; as, a
      patent right; patent medicines.
      [1913 Webster]

            Madder . . . in King Charles the First's time, was
            made a patent commodity.              --Mortimer.
      [1913 Webster]

   4. (Bot.) Spreading; forming a nearly right angle with the
      steam or branch; as, a patent leaf.
      [1913 Webster]

   Patent leather, a varnished or lacquered leather, used for
      boots and shoes, and in carriage and harness work.

   Patent office, a government bureau for the examination of
      inventions and the granting of patents.

   Patent right.
      (a) The exclusive right to an invention, and the control
          of its manufacture.
      (b) (Law) The right, granted by the sovereign, of
          exclusive control of some business of manufacture, or
          of the sale of certain articles, or of certain offices
          or prerogatives.

   Patent rolls, the registers, or records, of patents.
      [1913 Webster]

3. The Collaborative International Dictionary of English v.0.48
Patent \Pat"ent\, n. [Cf. F. patente. See Patent, a.]
   1. A letter patent, or letters patent; an official document,
      issued by a sovereign power, conferring a right or
      privilege on some person or party. Specifically:
      (a) A writing securing to an invention.
      (b) A document making a grant and conveyance of public
          lands.
          [1913 Webster]

                Four other gentlemen of quality remained
                mentioned in that patent.         --Fuller.
          [1913 Webster]

   Note: In the United States, by the act of 1870, patents for
         inventions are issued for seventeen years, without the
         privilege of renewal except by act of Congress.
         [1913 Webster]

   2. The right or privilege conferred by such a document;
      hence, figuratively, a right, privilege, or license of the
      nature of a patent.
      [1913 Webster]

            If you are so fond over her iniquity, give her
            patent to offend.                     --Shak.
      [1913 Webster]

4. The Collaborative International Dictionary of English v.0.48
Patent \Pat"ent\, v. t. [imp. & p. p. Patented; p. pr. & vb.
   n. Patenting.]
   To grant by patent; to make the subject of a patent; to
   secure or protect by patent; as, to patent an invention; to
   patent public lands.
   [1913 Webster]

5. Bouvier's Law Dictionary, Revised 6th Ed (1856)
PATENT, PRUSSIAN. This subject will be considered by taking a view of the 
persons who may obtain patents; the nature of the patent; and the duration 
of the right. 
     2.-Sec. 1, Of the persons who may obtain patents. Prussian citizens 
or subjects are alone entitled to a patent. Foreigners can not obtain one. 
     3.-Sec. 2. Nature of the patents. Patents are granted in Prussia for 
an invention when the thing has been discovered or invented by the 
applicant. For an improvement, when considerable improvement has been made 
to a thing before known. And for importation, when the thing has been 
brought from a foreign country and put in use in the kingdom. Patents may 
extend over the whole country or only over a particular part. 
     4.-Sec. 3. Duration of patents. The patent may at the choice of the 
applicant, be for any period not less than six months nor more than fifteen 
years. 



6. Bouvier's Law Dictionary, Revised 6th Ed (1856)
PATENT, ROMAN. The Roman patents will be considered by taking a view of the 
persons to whom they may be granted; the different kinds of patents; the 
cost of a patent; and the obligations of the patentee. 
     2.-Sec. 1. To whom patents are granted. Every person, whether a 
citizen of the estates of the pope or foreigner, man or woman, adult or 
infant, may obtain a patent for an invention, for an improvement, or for 
importation, by fulfilling the conditions prescribed in order to obtain a 
grant of such titles. Persons who have received a patent from the Roman 
government may, afterwards, without any compromise of their rights or 
privileges, receive a patent in a foreign country. 
     3. The different kinds of patents. In the Roman estates there are 
granted patents for invention, for improvements, and for importations. 
     4.-1st. Patents for inventions are granted for, 1. A new kind of 
important culture. 2. A new and useful art, before unknown. 3. A new and 
useful process of culture or of manufacture. 4. A new natural production. 5. 
A new application of a means already, known. 
     5.-2d. Patents for improvements may be granted for any useful 
improvement made to inventions already known and used in the Roman states. 
     6.-3d, Patents for importations are granted in two cases, namely: 1. 
For the introduction of inventions already patented in a foreign country, 
and the privilege of which patent yet continues. 2. For the introduction of 
an invention known and freely used in a foreign country, but not yet used or 
known in the Roman states. 
     7.-3. Cost of a patent. The cost of a patent is fixed at a certain 
sum per annum, without regard to the length of time for which it may have 
been granted. It varies in relation to patents for inventions and 
importation. It is ten Roman crowns per annum for a patent for invention and 
improvement, and of fifteen crowns a year for a patent for importation. 
     8.-Sec. 4. Obligation of the patentee. He is required to bring into 
[?] his invention within one year after the grant of the patent, and not to 
suspend the supply for the space of one year during the time the privilege 
shall last. 
     9. He is required to pay one half of the tax or expense of his patent 
on receiving his patent, and the other half during the first month of the 
second portion of its, duration. 



7. Bouvier's Law Dictionary, Revised 6th Ed (1856)
PATENT, construction. That which is open or manifest.
     2. This word is usually applied to ambiguities which are said to be 
latent, or patent. 
     3. A patent ambiguity is one which is produced by the uncertainty, 
contradictoriness or deficiency of the language of an instrument, so that no 
discovery of facts or proof of declaration can restore the doubtful or 
smothered sense without adding ideas which the actual words will not of 
themselves sustain. Bac. Max. 99 T. Raym. R. 411; Roberts on Fr. 15. 
     4. A latent ambiguity may be explained by parol evidence, but the rule 
is, different with regard to a patent ambiguity, which cannot be explained 
by parol proof. The following instance has been proposed by the court as a 
patent ambiguity: "If A B, by deed, give goods to one of the sons of J S, 
who has several sons, he shall not aver which was intended; for by judgment 
of law upon this deed, the gift is void for uncertainty, which cannot be 
supplied by averment." 8 Co. 155 a. And no difference exists between a deed 
and a will upon this subject. 2 Atk. 239. 
     5. This rule, which allows an explanation of latent ambiguities, and 
which forbids the use of parol evidence to explain a patent ambiguity, is 
difficult of application. It is attended, in some instances, with very 
minute nicety of discrimination, and becomes a little unsteady in its 
application. When a bequest is made "to Jones, son of, Jones," or "to Mrs. 
B," it is not easy to show that the ambiguity which this imperfect 
designation creates, is not ambiguity arising upon the face of the will, and 
as such, an ambiguity patent, yet parol evidence is admitted to ascertain 
the persons intended by those ambiguous terms. 
     6. The principle upon which parol testimony is admitted in these cases, 
is probably, in the first of them, a presumption of possible ignorance in 
the testator of the christian name of the legatee; and in the second, a 
similar presumption of his being in the habit of calling the person by the 
name of Mrs. B. Presumptions, which being raised upon the face of the will, 
may be confirmed and explained by extrinsic evidence. Rob' on. Fr. 15, 27; 2 
Vern. 624, 5; 1 Vern. by Raithby, 31, note 2; 1 Rop. Leg. 147; 3 Stark. Ev. 
1000; 3 Bro. C. C. 311 2 Atk. 239; 3 Atk. 257; 3 Ves. Jr. 547. Vide articles 
Ambiguity; Latent. 



8. Bouvier's Law Dictionary, Revised 6th Ed (1856)
PATENT, contracts. A patent for an invention is a giant made by the 
government of the United States to the inventor of any new or useful art, 
machine, manufacture or composition of matter, or any new and useful 
improvement in any art, machine, manufacture or composition of matter not 
known or used by others before his or their discovery or invention thereof, 
and not, at the time of his application for a patent, in public use or on 
sale, with his consent or allowance, as the inventor or discoverer; securing 
to him for a limited time, therein expressed, the full and exclusive right 
and liberty of making, constructing, using, and vending to others to be 
used, the said invention or discovery, on certain conditions, among which is 
the one of at once giving up his secret and making public his discovery or 
invention, and the manner of making and using the same, so that at the 
expiration of his privilege, it may become public property. The instrument 
securing this grant is also called a patent. The subject will be considered 
by taking a succinct view of, 1. The legislation of the United States on the 
subject. 2. The patentee. 3. The subject to be patented. 4. The caveat and 
preliminary proceedings. 5. The proceedings to obtain a patent. 6. The 
patent. 7. The duty or tax on patents. 8. Courts having jurisdiction in 
patent cases. 9. Actions for violations of patents. Sec. 1. Legislation of 
the United States. 
     2. The constitution of the United States authorizes congress to pass 
laws "to, promote the progress of science and the useful arts, by securing, 
for limited times, to authors and inventors, the exclusive right of their 
respective writings and discoveries." Art. 1, s. 8, n. 8. By virtue of this 
authority congress can grant patents to inventors, and it rests in the 
sound, discretion of the legislature to say when, and for what length of 
time, and under what circumstances the patent for an invention shall be 
granted. Congress may, therefore, grant a patent which shall operate 
retrospectively by securing to the inventor the use of his invention, though 
it was in public use and enjoyed by the community at the time this act was 
passed. 3 Sumn. 535; 2 Story, R. 164. The first act passed under this power 
is that which established the patent office on the 10th of April, 1790, 1 
Story, L. U. S. 80. There were several supplements and modifications to this 
first law, namely, the acts passed February 7, 1793, Idem, 300; June 7, 
1794, Idem, 363; April 17, 1800, Idem, 753; July 3,1832, 4 Sharsw. cont. of 
Story, L. U.S. 2300; July 13, 1832, Idem, 2313. 
     3. These acts were repealed by the act of July 4, 1836, 4 Sharsw. cont. 
Story, L. U. S. 2504, which. enacts: 
     Sec. 21. That all acts and parts of acts theretofore passed on this 
subject be, and the same are hereby repealed: Provided, however, That all 
actions and processes, in law or equity sued out prior to the passage of 
this act, may be prosecuted to final judgment and execution, in the same 
manner as though this act had not been passed, excepting and saving the 
application to any such action, of the provisions of the fourteenth and 
fifteenth sections of this act, so far as they maybe applicable thereto. And 
provided, also, That all applications and petitions for patents, pending at 
the time of the passage of this act, in cases where the duty has been paid, 
shall be proceeded with and acted on in the same manner as though filed 
after the passage thereof. 
     4. The existing laws on the subject of patents are the act of July 4, 
1836, already mentioned; the acts of March 3, 1837; Idem, 2546; March 3, 
1839; 9 Laws U. S, 1019; August29,1842; ch. 263, Pamph. Laws, 171; May 27, 
1848. Minot's Stat. at Large, U. S. 231. Sec. 2. Of the patentee. 
     5. Any person or persons having discovered or invented the thing to be 
patented, whether he be a citizen of the United States or an alien, is 
entitled to a patent on fulfilling the requirements of the law. Act of July 
4, 1836, s. 6. 
     6. By the 10th section of the same act it is provided, That where any 
person hath made, or shall have made, any new invention, discovery or 
improvement, on account of which a patent might by virtue of this act be 
granted, and, such person shall die before any patent shall be granted 
therefor, the right of applying for and obtaining such patent shall devolve 
on the executor or administrator of such person, in trust for the heirs at, 
law of the deceased, in case he shall have died intestate; but if otherwise, 
then in trust for his devisees, in as full and ample manner, and under the 
same conditions, limitations, and restrictions, as the same was held, or 
might have been claimed or enjoyed by such in his or her lifetime; and when 
application for a patent shall be made by such legal representatives, the 
oath or affirmation provided in the sixth section of this act, shall be so 
varied as to be applicable to them. 
     7. And by the act of March 3, 1837, section 6, it is enacted, That any 
patent hereafter to be issued, may be made and issued to the assignee or 
assignees of the inventor or discoverer, the assignment thereof being first 
entered of record, and the application therefor being duly made, and the 
specifications duly sworn to by the inventor. And in all cases, hereafter, 
the applicant for a patent shall be held to furnish duplicate drawings, 
Whenever the case admits of drawings, one of which to be deposited in the 
office, and the other to be annexed to the patent, and considered a part of 
the specification. 
     Sec. 3. The subject to be patented 
     8. Patents are granted, 1. For inventions and discoveries. 2. For 
importations. 1. Patents for inventions and discoveries. By the act, of July 
4, 1836, sect. 6, it is enacted, that any person or persons having 
discovered or invented any new and useful art, machine,, manufacture, or 
composition of matter, or any new and useful improvement on any art, 
machine, manufacture, or composition of matter, not known or used by others 
before his or their discovery or invention thereof, and not, at the time of 
his application for a patent, in public use or on sale, with his consent or 
allowance, as the inventor or discoverer, and shall desire to obtain an 
exclusive property therein, may make application in writing to the 
commissioner of patents, expressing such desire, and the commissioner on due 
proceedings had, may grant a patent therefor. 
     9. The thing to be patented must be an invention Or discovery; it must 
be new and useful. 
    10.-1. The invention or discovery must be something which the inventor 
has himself found out; some peculiar device or manner of producing any given 
effect. A patent cannot, therefore, be taken out for the elementary 
principles of motion, which philosophy and science have discovered, but only 
for the manner of applying them. 1 Gallis. 478; 2 Gallis. 51. 
    11. A patent may be taken out for an improvement on a machine which is 
known and used; 3 Wheat. 454; but a mere change of former proportions, will 
not entitle a party to a patent. 1 Gallis. 438; 2 Gallis. 51. 
    12. It is provided by the act of July 4, 1836, s. 13, that whenever the 
original patentee shall be desirous of adding the description and 
specification of any new improvement of the original invention or discovery 
which shall have been invented or discovered by him subsequent to the date 
of his patent, he may, like proceedings being had in all respects as in the 
case of original applications, and on the payment of fifteen dollars, as 
hereinbefore provided, have the same annexed to the original description and 
specification; and the commissioner shall certify, on the margin of such 
annexed description and specification, the time of its being annexed and 
recorded; and the same shall thereafter have the same effect in law, to all 
intents and purposes as though it had been embraced in the original 
description and specification. 
    13. And by the act of March 3, 1837, s. 8, that, whenever application 
shall be made to the commissioner for any addition of a newly discovered 
improvement to be made on an existing patent, or when ever a patent shall be 
returned for correction, and re-issue, the specification of claim annexed to 
every such patent shall be subject to revision and restriction, in the same 
manner as are original applications for patents; the commissioner, shall not 
add any such improvement to the patent in the one case, nor grant the re-
issue in the other case, until the applicant shall have entered a 
disclaimer, or altered his specification of claim in accordance with the 
decision of the commissioner; and in all such cases the applicant, if 
dissatisfied with such decision, shall have the same remedy and be entitled 
to the benefit of the same privileges and proceedings as are provided by law 
in the case of original applications for patents. 
    14.-2. The thing patented must be a new and useful invention, 
discovery or improvement. 
    15. Among inventors, he who is first in time, has a right to the patent 
for the invention. Pet. C. C. R. 394. 
    16. But by the act of March 3, 1839, sect. 7, it is provided, that every 
person or corporation who has, or shill have, purchased or constructed any 
newly invented machine, manufacture, or composition of matter, prior to the 
application by the inventor or discoverer for a patent, shall be held to 
possess the right to use, and vend to others to be used, the specific 
machine, manufacture, or composition of matter so made or purchased, without 
liability therefor to the inventor, or any other person interested in such 
invention; and no patent shall be held to be invalid by reason of such 
purchase, sale, or use, prior to the application for a patent as aforesaid, 
except on proof of abandonment of such invention to the public; or that such 
purchase, sale, or prior use has been for more than two years prior to such 
application for a patent. 
    17. By the term useful invention is meant an invention which may be 
applied to some beneficial use in society, in contradistinction to an 
invention which is injurious to morals, to the health, or good order of 
society. 1 Mason, C. C. R. 302; 4 Wash. C. C; R. 9. The term is also opposed 
to that which is frivolous or mischievous. 1 Mason, C. C. R. 182; Renouard, 
177; Perpigna, Man. des Inv. c. 2, s. 1, page 50. See 3 Car. & P. 502; 1 
Pet. C. C. R. 480; 1 U. S. Law Journ. 563; 1 Paine, 203; 2 Kent, Com. 368, 
Dr; Phillim. on Pat. c. 7, s. 14. 
    18. The act of August 29, 1842, sect, 3, provides that any citizen or 
citizens, or alien or aliens, having resided, one year in the United States, 
and taken the oath of his or their intention to become a citizen or 
citizens, who by his, her, or their own industry, genius, efforts, and 
expense, may have invented or produced any new and original design for a 
manufacture, whether of metal, or other material or materials, or any new 
and original design for the printing of woolen, silk, cotton, or other 
fabrics, or any new and original design for a bust, statue, or has relief or 
composition in alto or basso relievo, or any new and original impression or 
ornament, or to be placed on any article of manufacture, the same being 
formed in marble or other material, or any new and useful pattern, or print, 
or picture, to be either worked into or worked on, or printed, or painted, 
or cast, or otherwise fixed on, any article of manufacture, or any new and 
original shape or configuration of ally article of manufacture not known or 
used by others before his, her, or their invention or production thereof, 
and prior to the time of his, her, or their application for a patent 
therefor, and who shall desire or obtain an exclusive Property or right 
therein to make, use, and sell and vend. the same, or copies of the same, to 
others, by them, made, used, and sold, may make application in writing to 
the commissioner of patents, expressing such desire, and the commissioner, 
on due proceedings had, may grant a patent therefor, as in the case. now of 
application for a patent: Provided, That the fee in such cases which by the 
now existing laws would be required of the particular applicant shall be 
one-half the sum, and that the duration of said patent shall be seven years, 
and that all the regulations and provisions which now apply to the obtaining 
or protection of patents not inconsistent with the provision's of this act, 
shall apply to applications under this section. 
    2. Patents for importations. 
    19. It is enacted by the act of March 3, 1839, s. 6, that no person 
shall be debarred from receiving a patent for any invention or discovery, as 
provided in the act approved on the fourth day of July, one thousand eight 
hundred and thirty-six, to which this is additional, by reason of the same 
having been patented in, a foreign country, more than six months prior to 
his application: Provided, That the same shall not have been introduced into 
public and common use, in the United States, prior to the application for 
such patent: And provided, also, That in all cages every such patent shall 
be limited to the term of fourteen years from the date or publication of 
such foreign letters-patent. 
    20. And by the act of July 4, 1836, s. 8, it is provided, that nothing 
in this act contained shall be, construed to deprive an original and true 
inventor of the right to a patent for his invention, by reason of his having 
previously taken out letters-patent therefor in a foreign country, and the 
same having been published at any time within six mouths next preceding the 
filing of his specification and drawing. 
    4. Of the caveat and other preliminary, proceedings. 
    21. The act of July 4, 1836, s. 12, provides that any citizen of the 
United States, or alien who have been resident in the United States one year 
next preceding, and shall have made oath of his intention to become a 
citizen thereof, who shall have invented any new art, machine, or 
improvement thereof, and shall desire further time to mature the same, may, 
on paying to the credit of the treasury, in manner as provided in the ninth 
section of this act, the sum of twenty dollars, file in the patent office a 
caveat, setting forth the design and purpose thereof, and its principal and 
distinguishing characteristics, and praying protection of his right, till he 
shall have matured his invention -- which sum of twenty dollars, in case the 
person filing such caveat shall afterwards take out a patent for the 
invention therein mentioned, shall be considered a part of the sum herein 
required for the same. And such caveat shall be filed in the confidential 
archives of the office, and preserved in secrecy. And if application shall 
be made by any other person within one year from the time of filing such 
caveat, for a patent of any invention with which it may in any respect 
interfere, it shall be the duty of the commissioner to deposit the 
description, specifications, drawings, and model, in the confidential 
archives of the office, and to give notice, by mail, to the person filing 
the caveat, of such application, who shall, within three months after 
receiving the notice, if he would avail himself of the benefit of his caveat,

file his description, specifications, drawings, and model: and if, in the 
opinion of the commissioner, the specifications of claim interfere with each 
other, like proceeding& may be had in all respects as are in this act 
provided in the case of interfering applications: Provided, however, That no 
opinion or decision of any board of examiners, under the provisions of this 
act, shall preclude any person interested in favor of or against the 
validity of any patent which has been or may hereafter be granted, from the 
right to contest the same in any judicial court in any action in which its, 
validity may come in question. 
    22. And the same act, s. 8, directs, that whenever, the applicant shall 
request it, the patent shall take date from the time of the filing of the 
specification and drawings, not however, exceeding six mouths prior to the 
actual issuing of the patent; and on like request, and the payment of the 
duty herein required, by any applicant, his specification and drawings shall 
be filed in the secret archives of the office, until he shall furnish the 
model and the patent be issued, not exceeding the term of one year, the 
applicant being entitled to notice of interfering application. 
    Sec. 5. Of the proceedings to obtain a patent.
    23. This section will be divided by considering the proceedings when 
there is no opposition, and when there are conflicting claims. 
    1. Proceedings without opposition 
    24. The sixth section of the act of July 4, 1836, directs, that before 
any inventor shall receive a patent for any such new invention or discovery, 
he shall deliver a written description of his invention or discovery, and of 
the manner and process of making, constructing, using, and compounding the 
same, in such full, clear, and exact terms, avoiding unnecessary prolixity, 
as to enable any person skilled in the art or science to which it 
appertains, or with which it is most nearly connected, to make, construct, 
compound, and use the same; and in case of any machine, he shall fully 
explain the principle and the several modes in which he has contemplated the 
application of that principle or character by which it may be distinguished 
from other inventions and shall particularly specify and point out the part, 
improvement, or combination, which he claims as his own invention or 
discovery. He shall, furthermore, accompany the whole with a drawing, or 
drawings, and written references, where the nature of the case admits of 
drawings, or with specimens of ingredients, and of the composition of 
matter, sufficient in quantity for the purpose of experiment, where the 
invention or discovery is of a composition of matter; which descriptions and 
drawings, signed by the inventor and attested by two witnesses; shall be 
filed in the patent office; and be shall, moreover, furnish a model of his 
invention, in all cases which admit of a representation by model, of a 
convenient size to exhibit advantageously its several parts. The applicant 
shall also make oath or affirmation that he does verily believe that he is 
the original and first inventor or discoverer of the art, machine, 
composition, or improvement, for which he solicits a patent, and that he 
does not know or believe that the same was ever known or used; and also of 
what country he is a citizen; which oath or affirmation may, be made before 
any person authorized by law to administer oaths. 
    25. The fourth section of the act of August 29, 1842, provides that the 
oath required for applicants for patents, may be taken, when the applicant 
is not, for the time being, residing in the United States, before any 
minister plenipotentiary, charge d affaires; consul, or commercial agent, 
holding a commission under the government of the United States, or before 
any notary public of the country in which such applicant may be. 
    26. And the act of March 3, 1837, sect. 13, provides that in all cases 
in which an oath is required by this act, or by the act to which this is 
additional, if the person of whom it is required shall be conscientiously 
scrupulous of taking an oath, affirmation may be substituted therefor. 
    27. The seventh section of the act of July 4, 1836, further enacts, that 
on the filing of any such application, description, and specification, and 
the payment of the duty hereinafter provided, the commissioner shall make or 
cause to be made, an examination of the alleged new invention or discovery; 
and if, on any such examination, it shall not appear to the commissioner 
that the same had been invented or discovered by any other person in this 
country prior to the alleged invention or discovery thereof by the 
applicant, or that it had been patented or described in any printed 
publication in this or any foreign country, or had been in public use or on 
sale with the applicant's consent or allowance prior to the application, if 
the commissioner shall deem it to be sufficiently useful and important, it 
shall be his duty to issue a patent therefor. But whenever on such 
examination it shall appear to the commissioner that the applicant wag not 
the original and first inventor or discoverer thereof, or that any part of 
that which is claimed as new had before been invented or discovered, or 
patented, or described in any printed, publication in this or any foreign 
country, as aforesaid, or that the description is defective and 
insufficient, he shall notify the applicant thereof, giving him, briefly, 
such information and, references as may be useful in judging of the 
propriety of renewing his application, or of altering his specification to 
embrace only that part of the invention or discovery which is new. In every 
such case, if the applicant shall elect to withdraw his application, 
relinquishing his claim to the model, he shall be entitled to receive back 
twenty dollars part of the duty required by this act, on filing a notice in 
writing of such election in the patent office, a copy of which, certified by 
the commissioner, shall be a sufficient warrant to the treasurer for paying 
back to said applicant the said sum of twenty dollars. But if the said 
applicant in such case shall persist in his claim for a patent, with or 
without any alteration of his specification, he shall be required to make 
oath or affirmation anew in manner as aforesaid. And if the specification 
and claim shall not have been so modified as in the opinion of the 
commissioner, shall entitle the applicant to a patent, he may, on appeal, 
and upon request in writing, have the decision of the board of examiners, to 
be composed of three disinterested persons, who shall be appointed for that 
purpose by the secretary of state, one of whom at least, to be selected, if 
practicable and convenient, for his knowledge and skill in the particular 
art, manufacture, or branch of science to which the alleged invention 
appertains; who shall be under oath or affirmation for the faithful and 
impartial performance of the duty imposed upon them by said appointment. 
Said board shall be furnished with a certificate in writing, of the opinion 
and decision of the commissioner, stating the particular grounds of his 
objection, and the part or parts of the invention which he considers as not 
entitled to be patented. And the same board shall give reasonable notice to 
the applicant, as well as to the commissioner of the time and place of their 
meeting; that they may have an opportunity of furnishing them with such 
facts and evidence as they may deem necessary to. a just decision; and it 
shall be the duty of the commissioner to furnish to the board of examiners 
such information as he may possess relative to the matter under their 
consideration. And on an examination and consideration of the matter by such 
board, it shall be in their power, or of a majority of them, to reverse the 
decision of the commissioner, either in whole or in part; and their opinion 
being certified to the commissioner, he shall be governed thereby, in the 
further proceedings to be had on such application: Provided, however, That 
before a board shall be instituted in any such case, the applicant shall pay 
to the credit of the treasury, as provided in the ninth section of this act, 
(see 47,) the sum of twenty-five dollars, and each of said persons so 
appointed shall be entitled to receive for his services in each case, a sum 
not exceeding ten dollars, to be determined and paid by the commissioner out 
of any moneys in his hands, which shall be in full compensation to, the 
persons who may be so appointed, for their examination and certificate as 
aforesaid. 
    28. By the twelfth section of the act of March 3, 1839, the commissioner 
of patents is vested with power to make all such regulation's in respect to 
the taking of evidence to be used in contested leases before him, as may be 
just and reasonable and so much of the act of July 4, 1836, as provides for 
a board of examiners, is thereby repealed. 
    29. And by the same act, sect. 11, it is provided, that in all cases 
where an appeal is now. allowed by law from the decision of the commissioner 
of patents to a board of examiners provided for in the seventh section of 
the act to which this is additional, the party, instead thereof, shall have 
a right to appeal to the chief justice of the district court of the United 
States for the district of Columbia, by giving notice thereof to the 
commissioner, and filing in the patent office, within such time as the 
commissioner shall appoint, his reasons of appeal, specifically set forth in 
writing, and also paying into the patent office, to the credit of the patent 
fund, the sum of twenty-five dollars. And it shall be the. duty of said 
chief justice, on petition, to hear and determine all such appeals, and to 
revise such decisions in a summary manner, on the evidence produced before 
the commissioner, at such early and convenient time as he may appoint, first 
notifying the commissioner of the time and place of hearing, whose duty it 
shall be to give notice thereof to all parties who appear to be interested 
therein, in such manner as said judge shall prescribe. The commissioner 
shall also lay before the said judge all the original papers and evidence in 
the case, together with the grounds of his decision, fully set forth in 
writing, touching all the points involved by the reasons of appeal, to which 
the revision shall be confined. And at the request of any party interested, 
or at the desire of the judge, the commissioner and the examiners in the 
patent office, may be examined under oath, in explanation of the principles 
of the machine, or other thing for which a patent, in such case, is prayed 
for. And it shall be the duty of said judge after a hearing of any such 
case, to return all the papers to the commissioner, with a certificate of 
his proceedings and decision, which shall be entered of record in the patent 
office; land such decision, so certified, shall govern the further 
proceedings of the commissioner in such case, Provided, however, That no 
opinion or decision of the judge in any such case, shall preclude any person 
interested in favor or against the validity of any patent, which has been or 
way hereafter be granted, from the right to contest the same in any judicial 
court, in any action in which its validity may come in question. 
    2. When there are conflicting claims.
    30. It is enacted by the 8th section of the act of July 4, 1836, that 
whenever an application shall be made for a patent, which, in the opinion of 
the commissioner, would interfere with any other patent for which an 
application may be pending, or with any unexpired patent which shall have 
been granted, it shall be the duty of the commissioner to give notice 
thereof to such applicants or patentees; as the case maybe; and if either 
shall be dissatisfied with the decision of the commissioner on the question 
of priority, right or invention, on a hearing thereof, he may appeal from 
such decision, on the like terms and conditions as are provided in the 
preceding section of this act and like proceedings, shall be had, to 
determine which, or whether either of the applicants is entitled to receive 
a patent as prayed for. 
    31. And by the 16th section of the same act, that whenever there shall 
be two interfering patents, or whenever a patent on application shall have 
been refused on an adverse decision of a board of examiners, on the ground 
that the patent applied for would interfere with an unexpired patent 
previously granted, any person interested in any such patent, either by 
assignment or otherwise, in the one case, and any such applicant in the 
other, may have remedy by bill in equity; and the court having cognizance 
thereof, on notice to adverse parties and other due proceedings had, may 
adjudge and declare either the patents void in whole or in part, or 
inoperative and invalid in any particular part or portion of the United 
States, according to the interest which the parties in such suit may possess 
in the patent or the inventions patented, and may also adjudge that such 
applicant is entitled, according to the principles and provisions of this 
act, to have and receive a patent for his invention, as specified in his 
claim, or for any part thereof, as the fact of priority of right or 
invention shall in any such case be made to appear. And such adjudication, 
if it be in favor of the right of such applicant, shall authorize the 
Commissioner to issue such patent, on his filing a copy of the adjudication, 
and otherwise complying with the requisitions of this act. Provided, 
however, that no such judgment or adjudication shall affect the rights of 
any persons except the parties to the action and those deriving title from 
or under them subsequent to the rendition of such judgment. And the 
commissioner is vested by the 12th section of the act of March 3, 1839, with 
powers to make such rules and regulations in respect to the taking of 
evidence to be used in contested cases before him, as may be just and 
reasonable. 
    32. The act of March 3, 1839, section 10, provides, that the provisions 
of the sixteenth section of the before recited act shall extend to all cases 
where the patents are refused for any reason whatever, either by the 
commissioner of patents or by the chief justice of the district of Columbia, 
upon appeals from the decision of said commissioner, as well as where the 
same shall have been refused on account of, or by reason of interference 
with a previously existing patent; and in all cases where there is ne 
opposing party, a copy of the bill shall be served upon the commissioner of 
patents, when the whole of the expenses of the proceeding shall be paid by 
the applicant, whether the final decision shall be in his favor or 
otherwise. 
    Sec. 6. Of the patent.
    33. This section will be divided by considering, 1. The form of the 
patent. 2. The correction of the patent. 3. The special provisions of the 
acts of congress occasioned by the burning of the patent office. 4. The 
disclaimer. 5. The assignment of patents. 6. The extension of the patent. 7. 
The requisites to be observed after the granting of a patent to secure it. 
    1. Form of the patent.
    34. The patent is to be issued in the form prescribed by the act of 
congress. The fifth section of the act of July 4, 1836, directs, that all 
patents issuing from said office shall be issued in the name of the United 
States, and under the seal of said office, and be signed by the secretary of 
state, and countersigned by the commissioner of the said office, and shall 
be recorded, together with the descriptions, specifications and drawings, in 
the said office, in books to be kept for that purpose. Every such patent 
shall contain a short description or title of the invention or discovery, 
correctly indicating its nature and design, and in its terms grant to the 
applicant or applicants, his or their heirs, administrators, executors or 
assigns, for a term not exceeding fourteen years, the full and exclusive 
right and liberty of making, using, and vending to others to be used, the 
said invention or discovery, referring to the specifications for the 
particulars thereof, a copy of which shall be annexed to the patent, 
specifying what the patentee claims as his invention or discovery. It is 
usually dated at the time of issuing it, but by a provision of the last 
mentioned act, section 8, whenever the applicant shall request it, the 
patent shall take date, from the time of filing, the specification and 
drawings, not, however, exceeding six months prior to the actual issuing of 
the patent. 
    2. Correction of patent. 
    35. It is provided by the thirteenth section of the act of July. 4, 
1836, that whenever any patent which has heretofore been granted, or which 
shall hereafter be granted, shall be inoperative or invalid, by reason of a 
defective or insufficient description or specification, or by reason of the 
patentee claiming in his specification as his own invention, more than he 
had or shall have a right to claim as new; if the error has, or shall have 
arisen b y inadvertency, accident or mistake, and without any fraudulent or 
deceptive intention, it shall be lawful for the commissioner, upon the 
surrender to him of such patent, and the payment of the further duty of 
fifteen dollars, to cause a new patent to be issued to the said inventor, 
for the same invention, for the residue of the period then unexpired for 
which the original patent was granted, in accordance with the patentee's 
corrected description and specification. And in the event of his death, or 
any assignment by him made of the original patent, a similar right shall 
vest in his executors, administrators, or assignees. And the patent, so 
reissued, together with the corrected description and specification, shall 
have the same effect and operation in law, on the trial of all actions, 
hereafter commenced for causes subsequently accruing, as though the same had 
been originally filed in such corrected form, before the issuing out of the 
original patent. And whenever the original patentee shall be desirous of 
adding the description and specification of any new improvement of the 
original invention or discovery which shall have been invented or discovered 
by him subsequent to the date of his patent, he may, like proceedings being 
had in all respects as in the case of original applications, and on the 
payment of fifteen dollars, as hereinbefore provided, have the same annexed 
to the original description and specification; and, the commissioner shall 
certify, on the margin of such annexed description and specification, the 
time of its being annexed and recorded; and the same shall thereafter have 
the same effect in law, to all intents and purposes, as though it had been 
embraced in the original description and specification. 
    36. And it is enacted by the act of March 3, 1837, section 5, that, 
whenever a patent shall be returned for correction and reissue under the 
thirteenth section of the act to which this is additional, and the patentee 
shall desire several patents to be issued for distinct and separate parts of 
the thing patented, he shall first pay, in manner and in addition to the sum 
provided by that act, the sum of thirty dollars for each additional patent 
so to be issued; Provided, however, that no patent made prior to the 
aforesaid fifteenth day of December, 1836, shall be corrected and reissued 
until a duplicate of the model and drawing of the thing as originally 
invented, verified by oath as shall be required by the commissioner, shall 
be deposited in the patent office: Nor shall any addition of an improvement 
be made to any patent heretofore granted, nor any new patent to be issued 
for an improvement made in any machine, manufacture, or process, to the 
original inventor, assignee or possessor, of a patent therefor, nor any 
disclaimer be admitted to record, until a duplicate model and drawing of the 
thing originally intended, verified as aforesaid, shall have been deposited 
in the patent office, if the commissioner shall require the same; nor shall 
any patent be granted for an invention, improvement, or discovery, the model 
or drawing of which shall have been lost, until another model and drawing, 
if required by the commissioner, shall, in like manner, be deposited in the 
patent office: 
    37. And in all such cases, as well as in those which may arise under the 
third section of this act, the question of compensation for such models and 
drawings, shall be subject to the judgment and decision of the commissioners 
provided for in the fourth section, under the same limitations and 
restrictions as are therein prescribed. 
    3. Special provisions occasioned by the burning the patent office. 
    38. The act of March 3, 1837, was passed to remedy the inconveniences 
arising from the burning of the patent office. It is enacted, 
    39.-Sect. 1. That any person who may be in possession of, or in any way 
interested in, any patent for an invention, discovery, or improvement, 
issued prior to the fifteenth day of December, in the year of our Lord one 
thousand eight hundred and thirty-six, or in an assignment of any patent, or 
interest therein, executed, and recorded prior to the said fifteenth day of 
December, may, without charge, on presentation or transmission thereof to 
the commissioner of patents, have the same recorded anew in the patent 
office, together with the descriptions, specifications of claim and drawings 
annexed or belonging to the same; and it shall be the duty of the 
commissioner to cause the same, or any authenticated copy of the original 
record, specification, or drawing which he may obtain, to be transcribed and 
copied into books of record to be kept for that purpose; and wherever a 
drawing was not originally annexed to the patent and referred to in the 
specification and drawing produced as a delineation of the invention, being 
verified by oath in such manner as the commissioner shall require, may be 
transmitted and placed on file, or copied as aforesaid, together with the 
certificate of the oath; or such drawings may be made in the office, under 
the direction of the commissioner, in conformity with the specification. And 
it shall be the duty of the commissioner to take such measures as may be 
advised and determined by the board commissioners provided for by the fourth 
section, of this act, to obtain the patents, specifications, and copies 
aforesaid, for the purpose of being so transcribed and recorded. And it 
shall be the duty of each of the several clerks of the judicial courts of 
the United States, to transmit, as soon as may be, to the commissioner of 
the patent office, a statement of all the authenticated copies of patents, 
descriptions, specifications, and drawings of inventions and discoveries 
made and executed prior to the aforesaid fifteenth day of December, which 
may be found on the files of his office; and also to make out and transmit 
to said commissioner for record as aforesaid, a certified copy of every such 
patent, description, specification, or drawing, which shall be specially 
required by such commissioner. 
    40.-Sect. 2. That copies of such record and drawings, certified by the 
commissioner, or, in his absence, by the chief clerk, shall be prima facie 
evidence of the particulars of the invention and of the patent granted 
therefore, in any judicial court of the United States, in all cases where 
copies of the original record or specification and drawings would be 
evidence, without proof of the loss of such originals and no patent issued 
therefor by the patentee or other person prior to the aforesaid, fifteenth 
day of December, shall, after the first day of June next, be received in 
evidence in, any of the said courts in behalf of the patentee or other 
person who shall be in possession of the same, unless it shall have been so 
recorded anew, and a drawing of the invention, if separate from the patent, 
verified as, aforesaid, deposited in the patent office; nor shall any 
written assignment of any such patent, executed and, recorded prior to the 
said fifteenth day of December, be received in evidence in any of the said 
courts in behalf of the assignee or other person in possession thereof, 
until it shall have been so recorded anew. 
    41.-Sect. 3. That whenever it shall appear to the commissioner that any 
patent was destroyed by the burning of the patent office building on the 
aforesaid fifteenth day of December, or was otherwise lost prior thereto, it 
shall be his duty, on application terested therein, to issue a new patent 
for the same invention or discovery bearing the date of the original patent, 
with his certificate thereon that it was made and issued pursuant to the 
provisions of the third section of this act, and shall enter the same of 
record: Provided, however, That before such patent shall be issued, the 
applicant therefor shall deposit in the patent office a duplicate, as near 
as may be, of the original model, drawings, and description, with 
specification of the invention or discovery, verified by oath, as shall be 
required by the commissioner; and such patent and copies of such drawings 
and descriptions, duly certified, shall be admissible as evidence in any 
judicial court of the United States, and shall protect the rights of the 
patentee, his administrators, heirs and assigns, to the extent only in which 
they would have been protected by the original patent and specification. 
    42. The act of August 29, 1842, sect. 2, extends the provisions of the 
last section to patents granted prior to the said fifteenth day of December, 
though they may have been lost subsequently; provided, however, the same 
shall not have been recorded anew under the provisions of said act. 
    4. Of the disclaimer. 
    43. The act of March 3, 1837 sect. 7, authorizes any patentee who shall 
have, through inadvertence, accident, or mistake, made his specification of 
claim too broad, claiming more than that of which he was the original or 
first inventor, some material and substantial part of the thing patented 
being truly and justly his own, any such patentee, his administrators, 
executors, and assigns, whether of the, whole or of a sectional interest 
therein, may make disclaimer of such parts of the thing patented as the 
disclaimant shall not claim to hold by virtue of the patent or assignment, 
stating therein the extent of his interest in, such patent; which disclaimer 
shall be in writing, attested by one or more witnesses, and recorded in the 
patent office, on payment by the person disclaiming, in manner as, other 
patent duties are required by law to be paid, of the sum of ten dollars. And 
such disclaimer shall thereafter be taken and considered as part of the 
originals specification, to the extent of the interest which shall be 
possessed in the patent or right secured thereby, by the disclaimant, and by 
those claiming by or under him subsequent to the record thereof. But no such 
disclaimer shall affect any action pending at the time of its being filed, 
except so far as may relate to the question of unreasonable neglect or delay 
in filing the same. 
    5. Assignment of patents. 
    44. By virtue of the act of July 4, 1836, sect. 11, every patent shall 
be assignable in law, either as to the whole interest, or, any undivided 
part thereof, by any instrument in writing; which assignment, and also every 
grant and conveyance of the exclusive right under any patent, to make and 
use, and to grant to others to make and use, the thing patented within and 
throughout any, specified part or portion of the United States, shall be 
recorded in the patent office within three months from the execution 
thereof. This act required the payment of a fee of three dollars to be paid 
by the assignee, but this provision has been repealed by the act of March 3, 
1839, s. 8, and such assignments, grants, and conveyances, shall, in future, 
be recorded without any charge whatever. But, by the act of May 27, 1848, 
Minot's. Stat. at Large, U. S. 231, it is enacted, That hereafter the 
commissioner of patents shall require a fee of one dollar for recording any 
assignment, grant or conveyance, of the, whole or any part of the interest 
in letters-patent, or power of attorney, or license to make or use the 
things patented, when such instrument shall not exceed three hundred words; 
the sum of two dollars when it shall exceed three hundred, and shall not 
exceed one thousand words and the sum of three dollars when it shall exceed 
one thousand words; which fees shall in all cases be paid in advance. 
    6. The extension of the patent. 
    45. The act of July. 4, 1836, sect. 18; directs, That whenever any 
patentee of an invention or discovery shall desire an extension of his 
patent beyond the term of its limitation, be may make application therefor, 
in writing, to the commissioner of the patent office, setting forth the 
grounds thereof, and the commissioner shall, on the applicant's paying the 
sum of forty dollars to the treasury, as in the case of an original 
application, for a patent, cause to be published, in one or more of the 
principal newspapers in the city of Washington, and in such other paper or 
papers as he may deem proper, published in the section of country most 
interested adversely to the extension of the patent, a 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. And the secretary of state, the commissioner of the 
patent office, and the solicitor of, the treasury, shall constitute a board 
to hear and decide upon the evidence produced before them both for and 
against the extension, and shall sit for that purpose at the time and place 
designated in the published notice thereof. The patentee shall furnish to 
said board a statement, in writing, under oath, of the ascertained value of, 
the invention, and of his receipts and expenditures, sufficiently in detail 
to exhibit a true and faithful account of loss and profit in any manner 
accruing to him from and by reason of said invention. And if, upon a hearing 
of the matter, it shall appear to the full and entire satisfaction of said 
board, having due regard to the public interest therein, that it is just and 
proper that. the term of the patent should be extended by reason of the 
patentee, without neglect or fault on his part, having failed to obtain, 
from the use and sale of his invention, a reasonable remuneration for the 
time, ingenuity and expense bestowed upon the same, and the introduction 
thereof into use, it shall be the duty of the commissioner to renew and 
extend the patent, by making a thereon of such extension, for the term of 
seven years from and after the expiration of the first term; which 
certificate, with a certificate of said board of their judgment and opinion 
as aforesaid, shall be entered on record in the patent office; and thereupon 
the said patent shall have the same effect in law as though it had been 
originally granted for the term of twenty-one years. And the benefit of 
such, renewal shall extend to assignees and grantees of the right to use the 
thing patented, to the extent of their respective interest therein: 
Provided, however, That no extension of a patent shall be granted after the 
expiration of the term for which it was originally issued. 
    7. Requisites to secure the patent. 
    46. The act of August 29, 1842, section 6, requires, That all patentees 
and and assignees of patents hereafter granted, are hereby required to 
stamp, engrave, or cause to be stamped or engraved, on each article vended, 
or offered for sale, the date of the patent; and if any person or persons, 
patentees, or assignees, shall neglect to do so, he, she, or they, shall be 
liable to the same penalty, to be recovered and disposed of in the manner 
specified in the foregoing fifth section of this act. See 49. 
    Sec. 7. Duty or tax on patents. 
    47. The tax or duty on patents is not the same in all cases, foreigners 
being required to pay a greater sum than citizens, and the subjects of the 
king of Great Britain a greater sum than other foreigners. The ninth section 
of the act of July 4, 1836, requires, That before any application for a 
patent can be considered by the commissioner as aforesaid, the applicant 
shall pay into the treasury of the United States, or into the patent office, 
or into any of the deposit banks to the credit of the treasury, if he be a 
citizen of the United States, or an alien, and shall have been resident in 
the United States for one year next preceding, and shall have made oath of 
his intention to become a citizen thereof, the sum of thirty dollars; if a 
subject of the king of Great Britain, the sum of five hundred dollars; and 
all other persons the sum of three hundred dollars, for which payment 
duplicate receipts shall be taken, one of which to be filed in the office of 
the treasurer. And the moneys received into the treasury under this act, 
shall constitute a fund for the payment of the salaries of the officers and 
clerks herein provided for, and all other expenses of the patent office, and 
to be called the patent fund. 
    48. When an applicant withdraws his application before the issuing of 
the patent, he is entitled to receive back twenty dollars of the sum he may 
have paid into the treasury. Act of July 4, 1836, sect. 7. And the act of 
March 3, 1837, section 12, enacts, That whenever the application of any 
foreigner for a patent shall be rejected and withdrawn for want of novelty 
in the invention, pursuant to the seventh, section of the act to which this 
is additional, the  certificate thereof of the commissioner shall be a 
sufficient warrant to the treasurer to pay back to such applicant two-thirds 
of the duty he shall have paid into the treasury on account of such 
application. When money has been paid by mistake, as for foes accruing at 
the patent office, it must, by the direction of the act of August 29, 1842, 
section 1, be refunded. 
    Sec. 8. Penalty for use of patentee's marks. 
    49. The act of August 29, 1842, s. 5, declares, That if any person or 
persons shall paint or print, or mould, cast, carve, or engrave, or stamp, 
upon any thing made, used, or sold, by him, for the sole making or selling 
which he hath not or shall not have obtained letters-patent, the name or any 
imitation of the namer of any other person who hath or shall have obtained 
letters-patent for the sole making and vending of such thing, without 
consent of such patentee or his assigns or legal representatives; or if any 
person, upon any such thing not having been purchased from the patentee, or 
some person who purchased it from or under such patentee, or not having the 
license or consent of such patentee, or his assigns or legal 
representatives, shall write paint, print, mould, carve, engrave, stamp, or 
otherwise make or affix the word "patent," or the words "letters-patent," or 
the word "patentee," or any word or words of like kind, meaning, or import, 
with the view or intent of imitating or counterfeiting the stamp, mark, or 
other device of the patentee, or shall affix the same or any word, stamp, or 
device, of like import, on any unpatented article, for the purpose of 
deceiving the public, he, she, or they, so offending, shall be liable for 
such offence, to a penalty of not less than one hundred dollars, with costs, 
to be recovered by action in any of the circuit courts of the United States, 
or in any of the district courts of the United States, having the powers and 
jurisdiction of a circuit court; one-half of which penalty, as recovered, 
shall be paid to the patent fund, and the other half to any person or 
persons who shall sue for the same. 
    Sec. 9. Courts having jurisdiction in patent cases. 
    50. It is enacted by the 17th section of the act of July 4, 1836, That 
all actions, suits, controversies, and cases arising under any law of the 
United States, granting or confirming to inventors the exclusive right to 
their inventions or. discoveries, shall be originally cognizable, 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 a circuit court which 
courts shall have power, upon bill in equity filed by any party aggrieved, 
in any such case, to grant injunctions, according to the course and 
principles of courts of equity, to prevent the violation of the rights of 
any inventor as secured to him by any law of the United States on such terms 
and conditions as said courts may deem reasonable: Provided, however, That 
from all judgments and decrees, from. any, such court rendered in the 
premises, a writ of error or appeal, as the case may require, shall lie to 
the supreme court of the United States, in the same manner and under the 
same circumstances as is now Provided by law in other judgments and decree, 
of circuit courts, and in all other case's in which the court shall deem, it 
reasonable to allow the same. 
    Sec. 10. Actions for violation of patent rights. 
    51. The act of July 4, 1836, section 14, provides, That whenever in any 
action for damages for making, using, or selling the thing whereof the 
exclusive right is secured by any patent heretofore granted, or by any 
patent which may hereafter be granted, a verdict shall be rendered for the 
plaintiff in such action, it shall be in the power of the court to render 
judgment for any sum above the amount found by such verdict as the actual 
damages sustained by the plaintiff, not exceeding three times the amount 
thereof, according to the circumstances of the case, with costs; and such 
damages may be recovered by action on the case, in any court of competent 
jurisdiction, to be brought in the name or names of the person or persons 
interested, whether as patentee, assignees, or as grantees of the exclusive 
right within and throughout a specified part of the United States. 
    52.-Sect. 15. That the defendant in any such action shall be permitted 
to plead the general issue, and to give this act, and any special matter in 
evidence, of which notice in writing may have been given to the plaintiff or 
his attorney, thirty days before trial, tending to prove that the 
description and specification filed by plaintiff does not contain the whole 
truth relative to his invention or discovery, or that it contains more than 
is necessary to produce the described effect; which concealment or addition 
shall fully appear to have, been made for the purpose of deceiving the 
public, or that the patentee was not, the original and first inventor or 
discoverer of the thing patented, or of a substantial and material art 
thereof claimed as new, or that it had teen described in some public work 
anterior to the supposed discovery thereof by the patentee, or had been in 
public use, or on sale with the consent and allowance of the patentee before 
his application for a patent, or that, he had surreptitiously or unjustly 
obtained the patent for that which was in fact invented or discovered by 
another, who was using reasonable diligence in adapting and perfecting the 
same; or, that the patentee if an alien at the time the patent was granted, 
had failed and neglected for the space of eighteen months from the date of 
the patent, to put and continue on sale to the public, on reasonable terms, 
the invention or discovery for which the patent issued; in either of which 
cases judgment shall be rendered for the defendant, with costs. And whenever 
the defendant relies in his defence on the fact of a previous invention, 
knowledge, or use of the thing patented, be shall state, in his notice of 
special matter, the names and places of residence of those whom he intends 
to prove to have possessed a prior knowledge of the thing and where the same 
had been used: Provided, however, that whenever it shall satisfactorily 
appear that the patentee, at the time of making his application for the 
patent, believed himself to be the first inventor or discoverer of the thing 
patented the same shall not be held to be void on account of the invention 
or discovery or any part thereof having been before known or used in any 
foreign country, it not appearing that the same or any substantial part 
thereof, had before been patented or described in any printed publication. 
And provided, also, that whenever the plaintiff shall fail to sustain his 
action on the ground that in his specification of claim is embraced more 
than that of which he was the first inventor, if it shall appear that the 
defendant had used or violated any part of the invention justly and truly 
specified and claimed as new, it shall be in the power of the court to 
adjudge and award as to costs as may appear to be just and equitable. 
    53. This last section has been modified by the act of March 3, 1837, 
which enacts as follows: Section 9, That anything in the fifteenth section 
of the act to which this is additional to the contrary notwithstanding That, 
whenever by mistake, accident, or inadvertence, and without any willful 
default or intent to defraud or mislead the public, any patentee shall have 
in his specification claimed to be the original and first inventor or 
discoverer of any material or substantial part of the thing patented, of 
which he was not the first and original inventor, and shall have no legal or 
just right to claim the same in every such, case the patent shall be deemed 
good and valid for so much of the invention or discovery as shall be truly 
and bona fide his own: Provided, it shall be a material and substantial part 
of the thing patented, and be definitely distinguishable from the other 
parts so claimed without right as aforesaid. And every such patentee, his 
executors, administrators and assigns, whether of the whole or of a 
sectional interest therein, shall be entitled to maintain a suit at law or 
in equity on such patent for any infringement of such part of the invention 
or, discovery as shall be bona fide his own as aforesaid, notwithstanding 
the specification may embrace more than he shall have any legal right to 
claim. But, in every such case in which a judgment or verdict shall be 
rendered for the plaintiff he shall not be entitled to recover costs against 
the defendant, unless he shall have entered at the patent office, prior to 
the commencement of the suit, a disclaimer of all that part of the thing 
patented which were so claimed without right: Provided, however, That no 
person bringing any such suit shall be entitled to the benefits of the 
provisions contained in this section, who shall have unreasonably neglected 
or delayed to enter at the patent office a disclaimer as aforesaid. See Bac. 
Ab. Monopoly Id. Prerogative, F 4; Phill. on Pat.; Fessend. on Pat.; Carpm. 
on Pat.; Hand on Pat.; Webst. on Pat; Coll. on Pat.; Gods. on Pat.; Holr. on 
Pat.; Smith on Pat.; Drewry's Patent Law Abandonment Act; Davies' Collection 
of Cases on the Law of Patents; Rankin's Analysis of the Law of Patents. 
Among the French writers are Perpigna on Patents; written in English'; and 
the Manuel of the same author, in French; and the works of Renouard, Dalloz, 
Molard, and Regnault. See the various Digests and particularly Peters' 
Digest, h.t. 



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