Page:United States Statutes at Large Volume 18 Part 1.djvu/1025

 'l`1'1‘L1·: Lx.-PATENTS AND COPYRlGHTS.—(}H. 1. 953 has been entered at the Patent-Oflice before the commencement of the Story, 600; Pitts r. suit. But no patentee shall be entitled to the benefits of this section if wl{“'}‘“"¤ 2*9*% he has unreasonably neglected or delayed to enter a disclaimer. (Eff  gi; Hall a-. Wilde, 2 Blatch., 198, 199; Brooks r. Jenkins,   McLean.,, -1-19d _ Sec. 4923. Whenex·er it appears that a patentee, at the time of mak- Patent not wid mg his application for the patent, believed himself to be the ori inal O? “"“°“‘?t Of Hm and first inventor or discoverer of the thing patented, the same shaldl not :;,°;L,$;H°l1lf°r°12" be held to be void on account of the invention or discovery, or any part -.;s, - thereof. having been known or used in a foreign country, before his in- 8 July, 1870, c. vention or discovery thereof, if it had not been patented or described in 230 S- 62» V- Vi P- a printed publication. 209 g _ gg Judson r. Cope, 1 Bond, 327; Bartholomew r. Sawyer, 1 Fish. Pat. Cas., 516; How 1-. Morton, 1 Fish. Pat. ("as., 586. Sec. 4924. Where the patentee of any invention or discovery, the Extensionofpatpatent for which was granted prior to the second da * of March, eighteen °¤*,$,g*¤¤*g*l P¤°' undred and sixty-one, shall desire an extension of, this patent beyond l2.-a.r°h "oiisaii the original term of its limitation, he shall make application therefor, in 8 July. 1870, C- writing, to the Commissioner of Patents, settin forth the reasons why Egg *· 69 "· l6· P- such extension should be granted; and he shall also furnish a written ‘;_.c c xo statement under oath of the ascertained value of the invention or dis- ,C9mmiSSi<>¤3€r#‘~ covery, and of his receipts and expenditures on account thereof, sufli- l¥"t€lY¤ 4 ll ”·u·¤ ciently in detail to exhibit a. true and faithful account of the loss and 0 ` profit in any manner accruing to him by reason of the invention or discovery. Such application shall be filed not more than six months nor less than ninety days before the expiration of the original term of the patent; and no extension shall be granted after the expiration of the original term. Sec. 4925. llpon the receipt of such application, and the payment of Wbatnotioe of the fees 1'€ql1l1‘€(l by law. the Commissioner shall cause to be published '*PPl}°¤**°¤ for <*X· in one newspaper in the city of \Vashington, and in such other papers g3;;;"' '"ust be published in the section of the country most interested adversely to the extension of the patent as he may deem proper. for at least sixty days ,33 Jug, {8;% €· prior to the day set for hearing the case, a notice of such application. {,0,; °' "‘ °’ p' and of the time and place when and where the same will be considered, ` that any person may appear and show cause why the extension should not be granted. SBC. 4926. Upon the publication of the notice of an application for an Applications for extension, the (,ommissioner shall refer the case to the principal exam- <>X¢¤¤¤i0¤. to iner having charge of the class of inventions to which 1t belongs, who lgm i" l‘° "' shall make the Commissioner a full report of the case, stating wartieu- 4..; larly whether the invention or discovery was new and patentable when Ibid-, P'- 6*- the original patent was granted. Size. 4927. The Commissioner shall, at the time and place designated Commissionerto in the published notice, hear and decide upon the evi ence produced, hsaf mq *l°<‘¤<l¤ both for and against the extension; and if it shall appear to the satis- {€:s‘}::“‘°""l°"' faction of the (,on1missioner that the patentee, without neglect or fault —T-L-- _ -- on his part, has failed to obtain from the use and sale of his invention 205b‘d·• "'· "6· P- or discovery a reasonable remuneration for the time, ingenuity. and ex- . "- _. - .- pense bestowed upon it, and the introduction of it into use, and that it F;V0r<:1<i*}’<{$¥l¤ 1S just and proper, having due regard to the public interest. that the 6;*,;,** 13h2G,;??;,; term of the patent shoul be extended, the Commissioner shall make a ,,_;.{,,},.;,,_1’B1,,t,.h_, certificate thereon, renewing and extending the patent for the term of 167;Co1t z·. Young, seven years from the expiration of the first term. Such certificate shall 2 Bl¤¤‘h·, 471- be recorded in the Patent-Office; and thereupon such patent shall have the same effect in law as though it had been originally granted for twenty-one years. Sec. 4928. The benefit of the extension of a patent shall extend to the Opcrstionof exassignees and grantees of the right to use the thing patented, to the ex- “’“”‘°"”- tent of their interest therein. 8 July, 1870, ,,_ 230, s. 67, v. 16, p. 209.-Wilson v. Rousseau, 4 How., 646; Bloomer r. McQuewan, 14 How., 549; Chaffee r. The Boston Belting Co., 22 How., 223; Bloomer r. Millinger, 1 Wall., 340; Nicolson Paving Co. r. Jenkins, 14 Wall., 452; Eunson 1-. Dodge, 18 Wall., 414; Gibson r. Cook, 2 Blatch., 1-16; Blanchard 2·. Whitne, 3 Blatch., 307; Day v. Rubber Com v, 3 Blatch., 488; Phelps r. Comstock, 4 Mcllean, 353; Wooster I-. Seidenberg, 13 B'llantch.. 88.