of another person: in either of which cases, judgment shall be rendered for the defendant, with costs, and the patent shall be declared void.

7. That where any state, before its adoption of the present form of government, shall have granted an exclusive right to any invention, the party claiming that right shall not be capable of obtaining an exclusive right under this act but on relinquishing his right under such particular state; and of such relinquishment, his obtaining an exclusive right under this act shall be sufficient evidence.

8. That the persons whose applications for patents were, at the time of passing this act, depending before the secretary of state, secretary of war, and attorney general, according to the act, passed the second session of the first congress, entitled "An act to promote the progress of useful arts," on complying with the conditions of this act, and paying the fees herein required, may pursue their respective claims to a patent under

the same.

§ 9. That in case of interfering applications, the same shall be submitted to the arbitration of three persons, one of whom shall be chosen by each of the applicants, and the third person shall be appointed by the secretary of state; and the decision or award of such arbitrators, delivered to the secretary of state, in writing and subscribed by him, or any two of them, shall be final, as far as respects the granting of the patent: And if either of the applicants shall refuse or fail to choose an arbitrator, the patent shall issue to the opposite party. And where there shall be more than two interfering applications, and the parties applying shall not all unite in appointing three arbitrators, it shall be in the power of the secretary of state to appoint three arbitrators for the purpose.

10. That upon oath or affirmation being made before the judge of the district court, where the patentee, his executors, administrators, or assigns, reside, that any patent, which shall be issued in pursuance of this act, was obtained surreptitiously, or upon false suggestion, and motion made to the said court, within three years after issuing the said patent, but not after

wards, it shall and may be lawful for the judge of the said district court, if the matter alleged shall appear to him to be sufficient, to grant a rule, that the patentee, or his executor, administrator, or assign, show cause why process should not issue against him to repeal such patent. And if sufficient cause shall not be shown to the contrary, the rule shall be made absolute, and thereupon the said judge shall order process to be issued against such patentee, or his executors, administrators, or assigns, with costs of suit.. And in case no sufficient cause shall be shown to the contrary, or if it shall appear that the patentee was not the true inventor or discoverer, judgment shall be rendered by such court for the repeal of such patent; and if the party, at whose complaint the process issued, shall have judgment given against him, he shall pay all such costs as the defendant shall be put to in defending the suit, to be taxed by the court, and recovered in due course of law.

11. That every inventor, before he presents his petition to the secretary of state, signifying his desire of obtaining a patent, shall pay into the treasury thirty dollars, for which he shall take duplicate receipts; one of which receipts he shall deliver to the secretary of state, when he presents his petition; and the money, thus paid, shall be in full for the sundry services to be performed in the office of the secretary of state, consequent on such petition, and shall pass to the account of clerk hire in that office. Provided, nevertheless, That for every copy, which may be required at the said office, of any paper respecting any patent that has been granted, the person obtaining such copy shall pay at the rate of twenty cents for every copy sheet of one hundred words; and for every copy of a drawing, the party obtaining the same shall pay two dollars: of which payments an account shall be rendered annually, to the treasury of the United States; and they shall also pass to the account of clerk hire in the office of the secretary of state. 12. That the act, passed the tenth day of April, in the year one thousand seven hundred and ninety, entitled "An act to promote the progress of useful arts," be, and the same is hereby, repealed. Provided always, That nothing contained

in this act shall be construed to invalidate any patent that may have been granted under the authority of the said act; and all patentees under the said act, their executors, administrators, and assigns, shall be considered within the purview of this act, in respect to the violation of their rights: Provided, such violations shall be committed after the passing of this act.

Act of Congress of June 7th, 1794, c. 58. Story's Laws of U. S. v. 1, p. 363. Repealed by act of July 4th, 1836,

c. 357.

An act supplementary to the act, entitled "Act to promote the progress of useful arts."

Sec. 1. Suits under act of 1790, stopped by its repeal, revived.

1. Be it enacted, &c. That all suits, actions, process, and proceedings, heretofore had in any district court of the United States, under an act, passed the tenth day of April, in the year one thousand seven hundred and ninety, entitled "An act to promote the progress of useful arts," which may have been set aside, suspended, or abated, by reason of the repeal of the said act, may be restored, at the instance of the plaintiff or defendant, within one year from and after the passing of this act, in the said courts, to the same situation in which they may have been when they were so set aside, suspended, or abated; and that the parties to the said suits, actions, process, or proceedings, be, and are hereby, entitled to proceed in such cases as if no such repeal of the act aforesaid had taken place. Provided always, That before any order or proceeding, other than that for continuing the same suits, after the reinstating thereof, shall be entered or had, the defendant, or plaintiff, as the case may be, against whom the same may have been reinstated, shall be brought into court by summons, attachment, or such other proceeding as is used in other cases for compelling the appearance of a party.

Act of Congress of April 17th, 1800, c. 25. Story's Laws of the U. S. v. 1, p. 752. Repealed by act of July 4th, 1836. c. 357.

An act to extend the privilege of obtaining patents for useful discoveries and inventions, to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees. Sec. 1. Alien patentees. Oath by Sec. 3. Penalty for infringement (substitute for s. 4 of act of 1793.) Jurisdiction.

them.

2. Application by representa

tives of patentee. Oath 4. Repeal of 5th sec. of act of varied.

1793.

1. Be it enacted, &c. That all and singular the rights and privileges given, intended, or provided, to citizens of the United States, respecting patents for new inventions, discoveries, and improvements, by the act, entitled "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose," shall be, and hereby are, extended and given to all aliens who, at the time of petitioning in the manner prescribed by the said act, shall have resided for two years within the United States, which privileges shall be obtained, used, and enjoyed, by such persons, in as full and ample manner, and under the same conditions, limitations, and restrictions, as by the said act is provided and directed in the case of citizens of the United States. Provided, always, That every person petitioning for a patent for any invention, art, or discovery, pursuant to this act, shall make oath or affirmation before some person duly authorized to administer oaths, before such patent shall be granted, that such invention, art, or discovery, hath not, to the best of his or her knowledge or belief, been known or used either in this or any foreign country; and that every patent which shall be obtained pursuant to this act, for any invention, art, or discovery, which it shall afterwards appear had been known or used previous to such application for a patent, shall be utterly void.

§ 2. That where any person hath made, or shall have made, any new invention, discovery, or improvement on account of which a patent might, by virtue of this or the above mentioned

act, be granted to such person as shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent, shall devolve on the legal representatives of such person, in trust for the heirs at law of the deceased, in case he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations, and restrictions, as the same was held, or might have been claimed or enjoyed, by such person, in his or her life time; and when application for a patent shall be made by such legal representatives, the oath or affirmation, provided in the third section of the before mentioned act, shall be so varied as to be applicable to them.

§ 3. That where any patent shall be, or shall have been, granted, pursuant to this or the above mentioned act, and any person, without the consent of the patentee, his or her executors, administrators, or assigns, first obtained, in writing, shall make, devise, use, or sell, the thing whereof the exclusive right is secured to the said patentee by such patent, such person, so offending, shall forfeit and pay to the said patentee, his executors, administrators, or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, administrators, or assigns, from or by reason of such offence, which sum shall and may be recovered, by action on the case, founded on this and the above mentioned act, in the circuit court of the United States having jurisdiction thereof.

4. That the fifth section of the above mentioned act, entitled "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose," shall be, and hereby is, repealed.

Act of Congress of Feb. 15, 1819, c. 143. Story's Laws of U. S. v. 3, p. 1719. Repealed by act of July 4th, 1836, c. 357.

An act to extend the jurisdiction of the circuit courts of the United States to cases arising under the law relating to patents.

Jurisdiction. Appeal.

1. Be it enacted, &c. That the circuit courts of the Uni