PLEADINGS AND PROOF ON ACTIONS FOR INFRINGEMENT.

SECTION 4920. In any action for infringement the defendant may plead the general issue, and, having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial any one or more of the following special matters:

First. That for the purpose of deceiving the public the description and specification filed by the patentee in the Patent Office was made to contain less than the whole truth relative to his invention or discovery, or more than is necessary to produce the desired effect; or

Second. That he has surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or

Third. That it has been patented or described in some printed publication prior to his supposed invention or discovery thereof, for more than two years prior to his application for a patent therefor; or

Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or

Fifth. That it had been in public use or on sale in this country for more than two years before his application for a patent, or had been abandoned to the public.

And in notices as to proof of previous invention, knowledge, or use of the thing patented, the defendant shall state the names of the patentees and the dates of their patents, and when granted, and the names and residences of the persons alleged to have invented or to have had the prior knowledge of the thing patented, and where and by whom it had been used; and if any

one or more of the special matters alleged shall be found by the defendant, judgment shall be rendered for him with costs. And the like defenses may be pleaded in any suit in equity for relief against an alleged infringement; and proofs of the same may be given upon like notice in the answer of the defendant, and with the like effect.

TRIAL BY JURY OF QUESTIONS OF FACT IN EQUITY CASES.

That said courts (circuit courts of the United States), when sitting in equity for the trial of patent causes, may impanel a jury of not less than five and not more than twelve persons, subject to such general rules in the premises as may, from time to time, be made by the Supreme Court, and submit to the court such questions of fact arising in such cause as such circuit court shall deem expedient; and the verdict of such jury shall be treated and proceeded upon in the same manner and with the same effect as in the case of issues sent from chancery to a court of law and returned with such findings.

POWER OF COURTS TO GRANT INJUNCTIONS AND ESTIMATE DAMAGES.

SECTION 4921. The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable; and upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the

defendant, the damages the complainant has sustained thereby; and the court shall assess the same or cause the same to be assessed under its direction. And the court shall (have) the same power to increase such damages, in its discretion, as is given to increase the damages found by verdicts in actions in the nature of actions of trespass upon the case. But in any suit or action brought for the infringement of any patent there shall be no recovery of profits or damages for an infringement committed more than six years before the filing of the bill of complaint or the issuing of the writ in such suit or action, and this provision shall apply to existing causes of action.

SUIT FOR INFRINGEMENT WHERE SPECIFICATION IS Too BROAD.

SECTION 4922. Whenever through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee has, in his specification, claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, of which he was not the original and first inventor or discoverer, every such patentee, his executors, administrators and assigns, whether of the whole or any sectional interest in the patent, may maintain a suit at law or in equity, for the infringement of any part thereof, which was bona fide his own, if it is a material and substantial part of the thing patented, and definitely distinguishable from the parts claimed without right, notwithstanding the specifications may embrace more than that of which the patentee was the first inventor or discoverer. But in every such case in which a judgment or decree shall be rendered for the plaintiff no

costs shall be recovered unless the proper disclaimer has been entered at the Patent-Office before the commencement of the suit. But no patentee shall be entitled to the benefits of this section if he has unreasonably neglected or delayed to enter a disclaimer.

PATENTS FOR DESIGNS AUTHORIZED.

SECTION 4929. Any person who has invented any new, original and ornamental design for an article of manufacture not known or used by others in this country before his invention thereof, and not patented or described in any printed publication in this or any foreign country before his invention thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law and other due proceedings had, the same as in cases of inventions or discoveries covered by section forty-eight hundred and eighty-six obtain a patent therefor.

MODELS OF DESIGNS.

SECTION 4930. The commissioner may dispense with models of designs when the design can be sufficiently represented by drawings or photographs.

DURATION OF PATENTS FOR DESIGNS.

SECTION 4931. Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant may, in his application, elect.

EXTENSION OF PATENTS FOR DESIGNS.

SECTION 4932. Patentees of designs issued prior to the 2d day of March, 1861, shall be entitled to ex

tension of their respective patent for the term of seven years in the same manner and under the same restrictions as are provided for the extension of patents for inventions or discoveries, issued prior to the 2d day of March, 1861.

PATENTS FOR DESIGNS SUBJECT TO GENERAL RULES OF PATENT LAW.

SECTION 4933. All the regulations and provisions which apply to obtaining or protecting patents for inventions or discoveries not inconsistent with the provisions of title, shall apply to patents for designs. AN ACT TO AMEND THE LAW RELATING TO PATENTS, TRADE-MARKS, AND COPYRIGHTS.

SECTION 1. (Unauthorized use of patented design-penalty and liability-suits.) That, hereafter, during the term of letters patent for a design, it shall be unlawful for any person other than the owner of said letters patent, without the license of such owner, to apply the design secured by such letters patent, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or to sell or expose for sale any article of manufacture to which such design or colorable imitation shall, without the license of the owner, have been applied, knowing that the same has been so applied. Any person violating the provisions, or either of them, of this section, shall be liable in the amount of $250; and in case the total profit made by him from the manufacture or sale, as aforesaid, of the article or articles to which the design or colorable imitation thereof has been applied, exceeds the sum of $250, he shall be further liable for the excess of such profit over and above the sum of $250. And the full