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promote the progress of useful arts, and to repeal the act heretofore made for that purpose," shall be, and hereby is, repealed.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 Repealed by act of July 4th, 1836,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

ted States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies, and cases, arising under any law of the United States, granting or confirming to authors or inventors the exclusive right to their respective writings, inventions, and discoveries; and upon any bill in equity, filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided, however, That from all judgments and decrees of any circuit courts, rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner, and under the same circumstances, as is now provided by law in other judgments and decrees of such circuit courts.

Act of July 3d, 1832, c. 162. Repealed by act of July 4th, 1836.

An act concerning Patents for Useful Inventions.

Sec. 1. Publication of the list of ex- Sec. 3. Surrender of patents on ac

pired patents.

2. Applications to prolong the

term of patents.

count of defects in the specification; and taking out new patents.

1. Be it enacted, &c. That it shall be the duty of the secretary of state, annually, in the month of January, to report to congress, and to publish in two of the newspapers printed in the city of Washington, a list of all the patents for discoveries, inventions, and improvements, which shall have expired within the year immediately preceding, with the names of the patentees alphabetically arranged.

2. That application to congress to prolong or renew the term of a patent, shall be made before its expiration, and shall be notified at least once a month, for three months before its presentation, in two newspapers printed in the city of Washington, and in one of the newspapers in which the laws of the United States shall be published in the state or territory in which the

patentee shall reside. The petition shall set forth particularly the grounds of the application. It shall be verified by oath; the evidence in its support may be taken before any judge or justice of the peace; it shall be accompanied by a statement of the ascertained value of the discovery, invention, or improvement, and of the receipts and expenditures of the patentee, so as to exhibit the profit or loss arising therefrom.

3. That wherever any patent which has been heretofore, or shall be hereafter, granted to any inventor in pursuance of the act of congress entitled "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose, passed on the twenty-first day of February, in the year of our Lord one thousand seven hundred and ninety-three, or of any of the acts supplementary thereto, shall be invalid or inoperative, by reason that any of the terms or conditions prescribed in the third section of the said first mentioned act, have not, by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, been complied with on the part of the said inventor, it shall be lawful for the secretary of state, upon the surrender to him of such patent, to cause a new patent to be granted to the said inventor for the same invention for the residue of the period then unexpired, for which the original patent was granted, upon his compliance with the terms and conditions prescribed in the said third section of the said act. And, in case of his death, or any assignment by him made of the same patent, the like right shall vest in his executors and administrators, or assignee or assignees: Provided, however, That such new patent, so granted, shall, in all respects, be liable to the same matters of objection and defence as any original patent granted under the said first mentioned But no public use or privilege of the invention so patented, derived from or after the grant of the original patent, either under any special license of the inventor, or without the consent of the patentee that there shall be a free public use thereof, shall, in any manner, prejudice his right of recovery for any use or violation of his invention after the grant of such new patent as aforesaid.

act.

Act of July 13th, 1832, c. 202. Repealed by act of July 4th, 1836.

An act concerning the issuing of patents to aliens, for useful discoveries and inventions.

Sec. 1. Alien patentees.

1. Be it enacted, &c. That the privileges granted to the aliens described in the first section of the 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, approved April 17th, 1800, be extended, in like manner, to every alien, who at the time of petitioning for a patent, shall be resident in the United States, and shall have declared his intention, according to law, to become a citizen thereof. Provided, That every patent granted by virtue of this act and the privileges thereto appertaining, shall cease and determine and become absolutely void, without resort to any legal process to annul or cancel the same in case of the failure on the part of any patentee, for the space of one year from the issuing thereof, to introduce into public use in the United States, the invention or improvement for which the patent shall be issued; or in case the same for any period of six months after such introduction shall not continue to be publicly used and applied in the United States; or in case of failure to become a citizen of the United States, agreeably to notice given at the earliest period within which he shall be entitled to become a citizen of the United States.

Act of July 4th, 1836, c. 357.

An act to promote the progress of useful arts, and to repeal all acts and parts of acts heretofore made for that purpose.

1. Be it enacted, &c. That there shall be established and attached to the department of state, an office to be denominated the patent office; the chief officer of which shall be called the commissioner of patents, to be appointed by the president, by and with the advice and consent of the senate, whose duty