Page:United States Statutes at Large Volume 18 Part 1.djvu/1020

 948 Tr·rr.r·: Lx. e—PA'[`ENTS AND COPYRIGH'l`S.—Crr. 1. invention or· discovery the same as in the case of an original application. But such second application must 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 was order·cd to issue under· such renewed application prior to the issue of the patent. And upon the hearing of rerrewed applications preferred under this section, abandonment shall be considered as a question of fact. ,'.ss=ignnrents of Src. 4898. Ever·y patent or any interest therein shall be assignnble in l·¤¥¤¤*F- law, by an instrument in writing; and the patentee or his assigns or legal Q I  _` 18§"f representatives may, in like manner, grant and convey an exclusive right .,.,6 ‘,“,j6’ V ,6* ;,; under his patent to the whole or any specified part of the United States, QM " ’’ An assignment, grant. or conveyance shall be vord as against any sub- -»{-— sequent purchaser or mortgagee for a valuable consideration, without Woodworth v- notice, unless it is recorded in the Patent-Office within three months from lYjl_“"a;f{S ?I?“';_· the date thereof. Siflipson, 9 Ilow.,.109; Gaylor r. Wilder, 10 How., 494; Bloomer r. )IcQuewan, 14 I:I0w., 539; Kinsman r. Parkhurst, 18 How., 289; Hartshorn r. Day, 19 How., 211; Railroad ('o. r. Trimble, 10 Wall., 367; Nicolson Pavement. Co. r. Jenkins, 14 \Vall., 452; Adams »·. Burke, 17 Wall., 453; Eunson r. Dodge, 18 Wall., 414; Goodyear r. Cary, 4 Blatclr., 271; Perry r. Corning, 7 Blatclr., 195; Bell r. I\[c(‘ullough, 1 Bond, 194; Hussey ¢·.Wlritely, 1 Bond, 407; Pitts r. Jameson, 15 Barb., (N. Y.,) 310; Cclluloid Manufacturing Co. c. Goodvear Dental Vul. Co., 13 Blatclr., 375; Mav r. Chaffee, 2 Dill., 385; McKay r.\Voos— ter, 2`Saw., 373; Tumbull r. Weir Plow (‘o., G Diss., 225. _ Perspnspurchas- Src. 4899. Every person who purchases of the inventor·, or discovercr, }2§(_°l;':"§‘;‘;r£§' or with his knowledge and consent constructs any newly inventedor ,,,,,,).,,,},,}:,,,,,;,1,,,,; discovered rrrachrnc, or other· patentable article, ])I`10I‘ to the application thing pm-chased_ by the rnventor or drscoverer for a patent, or· who sells or· uses one so ··H constructed, shall have the right to use, and vend   pthers to be used, 230_,_37,,,{l6,p_é03: the specrhc thing so made or purchased, without lrabrlrty therefor. Ba1§end?l§);.1Vipsp;,I2;“H<;g;, 322; Sargent r. Seagrave, 2 Curt. C. C., 555; Root r. an vis, . e n, 44. Pefentcdufficles Sec. 4900. It shall be the duty of all patentees, and their assigns and 2$:b°m“'k°d“ legal representatives, and of all persons making or vending any patented 4;;. article for or under them, to give sufficient notice to the public that the 8 July, 1870, (-. sanre is patented; either by fixing thereon the word " patented," together $39. S- 38. V- 16, l>· with the day and year the patent was granted; or· when. from the ·(tij character of the article, this cannot be done, by fixing to it, or to the R,,},;,,,,. qc_ ,._ package wherein one or more of them is inclosed, a label containing the taoodyem-,9 Wall., ike notice; and in any suit for infringement, by the iparty failing so to $*:7 G(jg§>{lY€}¤:·P3g· mark, no damages shall be recoveret by the plainti, except on proof · ?“* atc ‘> ‘ that the defendant was duly notified of the infringement, and continued, after such notice, to make, use, or vcnd the article so patented. Penaltyforfalse- Sec. 4901. Every person who, in any manner, marks upon anything l;,::;']?;;?,;; l; made, used, or sold_by him for which he has not obtained a patent, the pa,€,,,€d_ name or anyamrtatron of the name of any person who has obtained a Y-———; patent therefor without the consent of such patentee, or his assigns or 033  pspé E. agpé representatives; or _ gm: ·· ‘ · · · · _ ho, rn any manner. marks upon or affixes to any such patented article the word " atent " or " patentee," or the words " letters-patent,” or any word of like import, with intent to imitate or· corrnterfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or· legal representatives; or Who, rn any manne1·, marks upon or aflixes to any unpatentcd article the word " patent," or any word impor·ting that the same is patented, for the purpose of deceiving the public, shall be liable, for every such offense, to a penalty of not less than one hundred dollars, with costs; one-half 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 mav _ _ have been committed. ` 0f};:;'; $*1*1 <>“°¤*· _ Sec.-1902. Any citiaen of the United States who makes any new inven- —.+_._ tron or discovery, and desires further time to mature the same, H13.)', ON