Page:United States Statutes at Large Volume 16.djvu/237

 FORTY—FIRST CONGRESS. Szss. II. Ch. 230. 1870. 203 omnt to do either, his application shall be held to have been abandoned- t. W:°}‘d“{)l’g°"‘ Upon the hearing of such renewed applications abandonment shall be ,;§;l,,d;md_ 6 considered as a question of fact. Sec. 36. And be it further enacted, That every patent or any interest Patents, &c. therein shall be assignable in law, by an instrument in writing; and the “”lg“’·bl°· patentee O1` his assigns or legal representatives may, in like m21H1I6P, Exclusive grant and convey an exclusive right under his patent to the whole or rights. any specified part of the United States; and said assignment, grant, or &A§sl!§‘;“°'lQS, conveyance shall be void as against any subsequent purchaser or mort- sntiisegbengapui-.' gagee for a valuable consideration, without notice, unless it is recorded in <=h¤S°¤‘~ &°· ¤¤· the patent ofliee within three months from the date thereof. lm' &°' Sec. 37. And be it further enacted, That every person who may have Persons purpurchased of the inventor, or with his knowledge and consent may have °l"‘$g’g‘;f ¥"°"‘ constructed any newly invented or discovered machine, or other patent- gggiicgiqozigi able article, prior to the application by the inventor or discoverer for a patent, may Psa. patent, or sold or used one so constructed, shall have the right to use, ,,9 th° sp;°'H‘f, and vend to others to be used, the speoinc thing so made or purchased, witlléatgllligbilliy. without liability therefor. Sec. 38. And be it further enacted, That it shall be the duty of all lg TM WOYQ patentees, and their assigns and legal representatives, and of all persons ,0p§;e2§£gd8fg° making or vending any patented article for or under them, to give each patented sufficient notice to the public that the same is patented, either by fixing “‘l°1°i thereon the word " pa.tented," together with the day and year the patent was granted ; or when, from the character of the article, this cannot be Pag{(ggE*l’)?ls;°c: done, by fixing to it or to the package wherein one or more of them is emeies. inclosed, a label containing the like notice; and in any suit for infringe- It “°”° . . marked,nod¤m— ment, by the party failing so to mark, no damages shall be recovered by ages l,,,},,,,,,,,,, the plaintiff, except on proof that the defendant was duly notified of the proof of use after infringement, and continued, after such notice, to make, use, or veud the 5;*;* “°t“°1 "°’ article so patented. ` Sr:0. 39. And be it further enacted, That if any person shall, in any l"¤¤¤l¤Y *"¤¤‘ manner, mark upon anything made, used, or sold by him for which he ;;g°:§lgaQ:;;i has not obtained a patent, the name or any imitation of the name of any any unpatented person who has obtained a patent therefor, without the consent of such **31*]- °;mxm patentee, or his assigns or legal representatives ; or shall in any manner the wild, n pag mark upon or affix to any such patented article the word " patent" or ent," &<=- Md " patentee," or the words " letters-patent," or any word of like import, h°" ""°""°di 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 afiix 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 one halftqgo 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 the United jurisdiction such offense may have been committed. SW63- SEO. 40. And be it further enacted, That any citizen of the United Caveat; States, who shall have made any new invention or discovery, and shall desire further time to mature the same, may, on payment of the duty required by law, file in the patent office a 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 when mb, caveat shall be filed in the confidential archives of the office and pre. filed, and hpw _ . _ _ long operative. served 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 Notice totper- -h which such caveat would in an man- $**3* ‘ll*”8· ° *P· any other person for a patent wit _ _ _ y _ phcamm for a ner interfere, the commissioner shall deposit the description, specifies- m,?,,, with tion, drawings, and model of such application m like manner m the conf;- which caveat