Page:United States Statutes at Large Volume 18 Part 1.djvu/1023

 '1`I1-L1-1 Lx.—PATENTS AND COPYRlGHTS.—~Ch. 1. 951 the case of his death or of an assignment of the whole or any undivided 646; M<;$¤‘·G¤¤‘» of the original patent, then to his executors, administrators, or gl-· 2’3*2Rf,?;l,,"- assigns, for the unexpired part of the term of the original patent. Such ggmiwionég surrender shall take effect upon the issue of the amended patent. The 1·.Whitely,4\Vall., Commissioner may, in his discretion, cause several patents to be issued 522; Béflmét ¤‘· for distinct and separate parts of the thing patented, upon demand of f‘;!"l°’· [8 W’fu·_· the applicant, and upon payment of the required fee for a re—issue for L03kQ,.0{,d°g`\°€·;,Hl' each of such re-issued letters—patent. The specifications and claim in 230; Sevinonr ri every such case shall be subject to revision and restriction in the same O¤b<>¤1¢‘i1UV¤U-. manneras original applications are. Every patent so re-issued, together gl gi C’;E1*{‘}‘u"· with the corrected specification, shall have the same edect and operation 4 g 389 A Q,, ,.},,6 ,I’ in law, on the trial of all actions for causes thereafter arising, as if the Howard, 1 Suinn.; same lad been ori inally filed in such corrected form; but no new matter 4 88; Cafvvr v- shall be introduced into the specification, nor in case of a machine-patent ?“"““9° M“““‘ shall the model or drawings be amended, except each by the other; but pzgjqggjgrfgggi when there is neither model nor drawing, amendments may be made Allerf 1~. Bluht, 3 upon (proof satisfactory to the Commissioner that such new matter or $013.743; Wwdamen ment was a part of the original invention, and was omitted from gz" £53§tQ{}g;}d3 the specification by inadvertence, accident, or mistake, as aforesaid. ,.3,%; ‘,._ ’H,,u i Wood. & M., 261, 262; Allen 1-. Blunt, 2 Wood. & M., 138- Woodworth 2-. Edwards, 3 Wood. & M., 126; Forbes 1-. Stove Company, 2 Cliff., 379; Cahart 1-. Austin, 2(lliff., 528; Gibson 1-. Harris, 1 Blatch., 169; Potter 1-. Holland, 4 Blatch., 206; Batten 1-. Taggert, 2 Wall., jr., 102; Stanley- 1-. Whipple, 2 McLean, 37; Mofiit 1·.Garr, 1 Bond, 315; Russell 1-. Dodge, 93 U. S., 460; Tarr 1-. \Vebb, 10 Blatch., 96; Salamanca Company 1-. Haven, 3 Dill., 131; McComb 1-. Ernest et al., 1 Woods., 195; Calkins 1:. Bertram, 6 Biss.,49l. Sec. 4917. Whenever, through inadvertence. accident, or mistake, and Disclaimer. without any fraudulent or deceptive intention, a patentee has claimed  ,"Q more than that of which he was the original or first inventor or discov- ,_ 54u ’ I6! £f‘206f erer, his patent shall be valid for all that part which is truly and justly i¢pT;L~»— his own, provided the same is a material or substantial part of the thing H kB0g 'é11g€’°g?j patented; and any such patentee, his heirs or assigns, whether of the Rsny ,·_`M,,,-SQ, 15 whole or any sectional interest therein, may, on payment of the fee How., 121; Sey- required bv law, make disclaimer of such parts of the thing patented mPE’ VH Mfcmj as he shall not choose to claim or to hold by virtue of the patent or W§,€{g9\. (é‘Q,;;£06i assi nment, statin therein the extent of his interest in such patent. Story, 29.;; BBQ.,} Such disclaimer shall be in writing, attested by one or more witnesses, v. Cutter, 1 Story, and recorded in the Patent-Office; and it shall thereafter be considered 6039 f*‘é{'°¤l;`· S6'; as part of the original specification to the extent of the interest pos- {gag] v_“{',°,i1£'H;; sessed by the claimant an by those claiming under him after the record 51st6h_, log; Track thereof. But no such disclaimer shall affect any action ending at the r-. Bram_hill,_6 time of its being filed, except so far as may re ate to the question of Bl“f°l‘·»I_?°i Whilunreasonable neglect or delay in filing it. ¥°j;;id;?"‘§{§{ Brooks 1-. Jenkins, 4 McLean, 449; Rumford Chemical W'orks z-. Laner, 10 Blatcli., 122: Sec. 4918. Whenever there are interfering patents, any person inter- Suitstouchinginested in any one of them, or in the working of the invention claimed §_’ff{{“f5j’}*f’f§_; under either of them, ma Y have relief against the interfering patentee, 8 July, 1870, r-, and all parties interested under him, by suit in equity against the own- 236. S- 58. v- 16, p. ers of the interfering dpatent; and the court, on notice toadverse parties, 2°'- and other due procee in s had according to the course of equity, may Fqatcrrlaindsay, adjudge and declare either of the patents void in whole or nn part, or 3 D*“·· 12*- inoperative, or invalid in any particular part of the United States, according to the interest of the parties in the patent or the invention patented. But no such judgment or adjudication shall affect the right of any person except the parties to the suit and those deriving title un er them subsequent to the rendition of such judgment. Sec. 4919. Damages for the infringement of any patent may be recov- Suitsforinfriugeered by action on the case, in the name of the party inter-este, either as ment; damagestentee, assignee, or grantee. And whenever in any such action a ver- dict is rendered for the plaintiff, the court may enter judgment thereon 230 sf1$ v_ 16* 3 for any sum above the amount found by the verdict as the actual dam- gm:' es sustained, according to the circumstances of the case, not exceeding- ·,jW·—— three times the amount of such verdict, together with the costs. 20 HB:;_j,98;°g%Ej poration of New York 1:. Ransom, 23 How., 487; Moore v. Marsh, 7 Wall., 515; Mowry v. Whitney, 14 Wall., 620; Mitchell v. Hawley, 16 Wall.,544; Philp :·. N ock, 17 Wall..460; Birdsall et al. v. Coolidge, 93 U. S., 64. sr-08--65