45, 6, v. 5, p. 193. 1 Blatchf, 509. 1 Gall, 430. 3 Fish., 343. reissued to the assignee of the inventor or 3 Mar., 1837, ch. discoverer, the assignment thereof being first entered of record in the Patent Office; but C, 37. in such case the application for the patent shall be made and the specification sworn to by the inventor or discoverer; and also, if he be living, in case of an application for reissue. sue to legal rep 357.10. v. 5, p. 121. 2 Fish., 499: 34. When any person, having made any Patents may isnew invention or discovery for which a patent resentatives. might have been granted, dies before a patent4 July, 1836, ch. is granted, the right of applying for and obtaining the patent shall devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will, disposing of the same, then in trust for his devisees, in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime; and, when the application shall be made by such legal representatives, the oath or `affirmation required to be made shall be so varied in form that it can be made by them. 35. Any person who has an interest in an invention or discovery, whether as inventor, discoverer, or assignee, for which a patent Renewed applica. withdrawn, and tion in lapsed, rejected cases. June.1×64.ch. 3 Mar., 1865, 112, 1. v. 13, p. 533. 1 Wall., 317. 2 Fish, 1. was ordered to issue upon the payment of ch the final fee, but who has failed to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or 3 Fish., 87. 3 Fish., 131 Assigm'ts grants, 4 July, 1836, ch. 121. 148. 10 How., 494. his agent, shall have a right to make an ap plication for a patent for such invention or discovery the same as in the case of an original application: Provided, That the second application be made within two years after the allowance of the original application. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent, as aforesaid, was ordered to issue, prior to the issue thereof: And provided further, That when an application for a patent has been rejected or withdrawn, prior to the passage of this act, the applicant shall have six months from the date of such passage to renew his application or to file a new one; and, if he omit to do either, his application shall be held to have been abandoned. Upon the hearing of such renewed applications abandonment shall be considered as a question of fact. 36. Every patent, or any interest therein, and conveyances. shall be assignable in law, by an instrument 357, 11, v. 5, p. in writing; and the patentee, or his assigns 3 McLean, 428. Or legal representatives, may, in like manner, 2 Blatchf., 50, grant and convey an exclusive right under McLean, 132. his patent to the whole or any specified part of the United States; and said assignment, 2 Story, 542, 615. grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three mouths from the date thereof. 14 How., 549. 18 How., 294. 4 Mass., 15. 3 Story, 131. 4 How., 711. 15 Barb., S. C., 315. 19 How, 221. 17 How, 451. 1 Fish., 327. ers before pat 88, 7, V. 5, p. 2 Blatchf., 254. 37. Every person who may have purchased Right of purchas of the inventor, or with his knowledge and _ent. consent may have constructed, any newly-in-3 Mar., 1839, ch. vented or discovered machine, or other pat-354. entable article, prior to the application by w., 208. the inventor or discoverer for a patent, or sold or used one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, without liability therefor. 4 How., 403. 2 Curt, 555. 3 Story, 406. I Wood. & Min. 21 How.. 330. 301. 1 Blatchf., 250. to be marked. 2 Mar., 1861, ch. 249. 2 13, v. 12, p. 3 Fish., 249, 374. 38. It shall be the duty of all patentees, Patented articles and their assigns and legal representatives, and of all persons making or vending any 8 patented article for or under them, to give sufficient notice to the public that the same is patented, either by fixing thereon the word "patented," together with the day and year the patent was granted; or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is inclosed, a label containing the like notice; and in any suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued after such notice to make, use, or vend the article so patented. ch. 263, 5, v. 5, p. 39. If any person shall, in any manner, False marking. mark upon anything made, used, or sold by 29 Aug, 1812, him, for which he has not obtained a patent, 511. the name or any imitation of the name of 2 Curt, 506. 1 Fish., 647. 3 Fish., 72. Caveats. any person who has obtained a patent therefor, without the consent of such patentee or his assigns or legal representatives; or shall in any manner mark upon or affix to any such patented article the word "patent" or "patentee," or the words "letters patent,” or any word of like import, with intent to imitate or counterfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or legal representatives; or shall in any manner mark upon or affix to any unpatented article the word "patent," or any word importing that the same is patented, for the purpose of deceiving the public, he shall be liable for every such offense to a penalty of not less than one hundred dollars, with costs; one moiety of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States within whose jurisdiction such offense may have been committed. 40. Any citizen of the United States who 4 July, 1836, ch. shall have made any new invention or dispp. 120, 121. covery, and shall desire further time to ma 357, 22 8, 12, v. 5, 2 Mar., 1861, ch. 247. 6 McLean, 304. 1 Fish., 479. 88. 9, v. 12, p. ture the same, may, on payment of the duty required by law, file in the Patent Office a 18 How, Pr., 9. caveat, setting forth the design thereof and of its distinguishing characteristics, and praying protection of his right until he shall have matured his invention; and such caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof; and if application shall be made within the year by any other person for a patent with which such caveat would in any manner interfere, the Commissioner shall deposit the description, specification, drawings, and model of such application in like manner in the confidential archives of the office, and give notice thereof, by mail, to the person filing the caveat, who, if he would avail himself of his caveat, shall file his description, specification, drawings, and model within three months from the time of placing said notice in the post office in Washington, with the usual time required for transmitting it to the caveator added thereto, which time shall be indorsed on the notice. And an alien shall have the privilege herein granted, if he shall have resided in the United States one year next preceding the filing of his caveat, and made oath of his intention to become a citizen. ap rejection. 4 July, 1836, ch. 357, 27, v. 5, pp. 119, 120. 41. Whenever, on examination, any claim References upon for a patent is rejected for any reason whatever, the Commissioner shall notify the plicant thereof, giving him briefly the reasons for such rejection, together with such information and references as may be useful in judging of the propriety of renewing his application or of altering his specification; |