Page:United States Statutes at Large Volume 16.djvu/240

 206 FORTY—FIRST CONGRESS. Sess. II. Ch. 230. 1870. R°l”“°’· more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be issued to the patentee, or, in the case of. his death or assigrnment of the whole or any undivided part of the original patent, to his executors, administrators, or assigns, for the unexpired part of the term of the original patent, the surrender of which shall take effect upon the Several pat- issue of the amended patent; and the commissioner may, in his discre- °‘“° Fm “l’*"*`~“* tion, cause several patents to be issued for distinct and separate parts of 5%::; ;$,g`,§,,d_ the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued letters-patent. And the specifications and claim in every such case shall ipe subject to revision and restriction in the same manner as ori ina app ications are. Etiectofpae And the patent so reissued, together with the ccarectod specification, °"t ‘° '°‘”“°d‘ shall have the effect and operation in law, on the trial of all actions for causes thereafter arising, as though the same had been originally filed No new mat- in such corrected form; but no new matter shall be introduced into the model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid. Disclaimer; Sec. 54. And be it further enacted, That whenever, through inadver— tencc, accident, or mistake, and without any fraudulent or deceptive intention, st patentee has claimed more than that of which he was the original or first inventor or discoverer, his atent shall be valid for all that part which is truly and justly his own, pilovided the same is a material or substantial part of the thing patented ; and any such patentee, his heirs or assigns, whether of the whole or any sectional interest therein, may, cpt pnymentof the duty rcquifed by dew, make disclaimer of such parts of tic thing patented as he shal not c oose to c aim or to hold b virtue of the patent or assignment, stating therein the extent of his integcst in such i to M ll} mit- patent; said disclaimer shall be in writing, attested by one or more witxggbgéglai °d {md nesscs, and recorded in the patent officc, and it shall thereafter be considered us part of the original specification to the extent of the interest possessed by the claimant and by- those claiming under him after the recpmding ,,(,_ ord thereof. But no such disclaimer shall affect any action pending at tions not utfcct- the time of its being filed, except so far as may relate to the question of cd. unreasonable neglect or delay in filing it. t0lX\l;¢;tic3u;$s¤_ . Sec. 55. And he it further enacted, That all actions, suits, controver- pr patent  Qgnizltlgs   l;uv;tq;thebhlp;ted'Statps shagl bp i . C, ,, . ‘ s v 1e circui cour s 0 the United States, or any district court having the {Bowers and jurisdiction ol at circuit court, or by the supreme court of the District of Columbia, or Injunctions. of any Territory; and the court shall have power, upon bill in equity bled by any party aggrieved, to grant injunctions according to the course and pxgnsiplcs of courts olf equity, tohprevent the violation of any right secure y pa ent, on suc terms as the court ma deem reasonable; and mtlézinaxgqslfpr upon ta. decree being rendered in any such case jfor an infringement, the g° · clatmcmt [complainant] shall be entitled to recover, in addition to the profits tobe accounted for by the defendant, the damages the complainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction, and the court shall have the same powers A _ to increase the same in its discretion that are given by this act to increase br°u‘;5g¤;£l£? the daniages found by verdicts in actions upon the case; but all actions shall wm; um, be brought during the term for which the letters·patent shall be granted or extended, or within six years after the expiration thereof
 * "· specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither