term of fourteen years, and the fees, as heretofore, being thirty dollars.]

II. Form of Petition for Design.

"To the Commissioner of patents:

"The petition of John Fitch, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania—

"Respectfully represents,

"That your petitioner has invented or produced [a new design or figure to be stamped or printed on fabrics, which, when thus printed, are termed calicoes,] which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the conditions expressed in the act of Congress in that case made and provided; he having paid fifteen dollars into the Treasury, and complied with other provisions of the said act.

(Signed)

"JOHN FITCH."

III. Specification of Design.

"To all whom it may concern:

"Be it known that I, John Fitch, of Philadelphia, in the county of Philadelphia, and state of Pennsylvania, have invented or produced a new [design or figure to be printed on fabrics, which, when thus printed, are termed calicoes;] and I do

hereby declare that the following is a full and exact description of the same,

"Namely, [Here should follow a description of the design or figure, with reference to the specimen, or a drawing of it, in all cases which admit of representation by drawings-the specification to conclude with declaring what the inventor or producer claims, to be expressed in terms which will give the character of the design, &c., &c.] "JOHN FITCH."

(Signed,)

IV. Form of Oath to Specification for a Design.

"County of Philadelphia,

"State of Pennsylvania,

"On this

the subscriber, a

day of

peared the within-named John Fitch, and made solemn oath [or affirmation] that he verily believes himself to be the original and first inventor or producer of the design for figures to be printed on fabrics, which, when thus printed, are termed calicoes; and that he does not know or believe that the same was ever before known or used, and that he is a citizen of the United States.

V. Penalty for Infringements, &c.

1. "If any person or persons shall paint, or print, or mould, cast, carve, or engrave, or stamp, upon anything made, used, or sold by him, for the sole making or selling which he hath not, or shall not have, obtained letters patent, the name or any imitation of the name of any other person who hath or shall have obtained letters patent for the sole making and vending of such thing, without consent of such patentee, or assigns, or legal representatives; or if any person, upon any such thing not having been purchased from the patentee, or some person who purchased it from or under such patentee, or not having the license or consent of such patentee, or his assigns, or legal representatives, shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise make or affix the word "patent," or the words "letters patent," or the word "patentee," or any word or words of like kind, meaning, or import, with the view or intent of imitating or counterfeiting the stamp, mark, or device of the patentee, or shall affix the same, or any word, stamp, or device of like import, on any unpatented article, for the purpose of deceiving the public, he, she, or they, so offending, shall be liable for such offence to a penalty of not less than one hundred dollars, with costs, to be recovered by action in any of the Circuit Courts of the United States, or in any of the District Courts of the United States having the power and jurisdiction of a Circuit Court; one half of which penalty, as

rvcovered, shall be paid to the patent-fund, and the other half to any person or persons who shall sue for the same." [Sect. 6, act 1842. Observe, likewise,]" Whenever, in any action for damages [for] making, using, or selling the thing whereof the exclusive right is secured by any patent heretofore granted, or by any patent which may hereafter be granted, a verdict shall be rendered for the plaintiff in such action. It shall be in the power of the Court to render judgment of any sum above the amount found by such verdict, as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof, according to the circumstances of the case, with costs; and such damages may be recovered by action on the case, in any Court of competent jurisdiction, to be brought in the name or names of the person or persons interested, whether as patentee, assignees, or as grantees of the exclusive right within and throughout a specified part of the United States." [Sect. 14, act 1836.

2. All actions for damages on infringements or violations of patented rights, shall be instituted in the Circuit Courts of the United States, or proceedings may be had in any District Court having similar powers, from which, in either case, appeals may be taken to the Supreme Court of the United States.

VI. Patent Agents.

Misapprehension exists with respect to Patent Agents; persons being led to regard them as having an official connection with the Patent Office. To disabuse this opinion, the following has been issued by the Commissioner.

"The Patent Office recognizes no official or confidential relations with Patent Agents or Attorneys whatever. It does not concede to them any favours or privileges which are not granted to all other persons; and any pretensions to the contrary, (if any such are made,) are, of course, without foundation. The only class of agents employed by the Office, are those persons who have been authorized, in several cities of the Union, to receive and forward models, &c., to the Patent Office; and their connection begins and ends with that employment only. This explanation is not made with any design to reflect upon such persons as have undertaken the business of Patent Agents, in this City, [Washington,] or elsewhere, but only with the view of vindicating the Patent Office from any imputation which may grow out of the circumstances above alluded to, and of asserting the integrity and impartiality of its administration, which challenges and defies the most rigid scrutiny." [See, ante, the places of deposit for models, &c., pages 110, 111.

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