ers before pat

354.

27, v. 5, p.

2 Blatchf., 254.

37. Every person who may have purchased Right of purchas of the inventor, or with his knowledge and ent. consent may have constructed, any newly-in-3 Mar., 1839, chvented or discovered machine, or other patentable article, prior to the application by low., 208. the inventor or discoverer for a patent, or sold or used one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, without liability therefor.

4 How., 403. 2 Curt., 555. 3 Story, 406.

1 Wood. & Min. 21 How.. 330.

301.

1 Blatehf., 250.

to be marked.

2 Mar., 1861, ch.

249.

3

Fish., 249, 374.

38. It shall be the duty of all patentees, Patented articles and their assigns and legal representatives, and of all persons making or vending any ss. 13, v. 12, p. patented article for or under them, to give sufficient notice to the public that the same is patented, either by fixing thereon the word "patented," together with the day and year the patent was granted; or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is inclosed, a label containing the like notice; and in any suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued after such notice to make, use, or vend the article so patented.

ch. 263, 5, v. 5, p.

39. If any person shall, in any manner, False marking. mark upon anything made, used, or sold by 29 Aug, 1812, him, for which he has not obtained a patent, 544. the name or any imitation of the name of 2 Curt, 506.

1 Fish., 647. 3 Fish., 72.

Caveats.

any person who has obtained a patent therefor, without the consent of such patentee or his assigns or legal representatives; or shall in any manner mark upon or affix to any such patented article the word "patent" or "patentee," or the words "letters patent," or any word of like import, with intent to imitate or counterfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or legal representatives; or shall in any manner mark upon or affix to any unpatented article the word "patent,". or any word importing that the same is patented, for the purpose of deceiving the public, he shall be liable for every such offense to a penalty of not less. than one hundred dollars, with costs; one moiety of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States. within whose jurisdiction such offense may

have been committed.

40. Any citizen of the United States who 4 July, 1836, ch. shall have made any new invention or dispp. 120, 121. covery, and shall desire further time to ma

357. 22 8, 12, v. 5,

2 Mar, 1861, ch.

247.

ૐ

88.29, v. 12, p. ture the same, may, on payment of the duty required by law, file in the Patent Office a 18 How, Pr., 9. caveat, setting forth the design thereof and

6 McLean, 304.

1 Fish., 479.

of its distinguishing characteristics, and praying protection of his right until he shall have matured his invention; and such caveat shall

be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof; and if application shall be made within the year by any other person for a patent with which such caveat would in any manner interfere, the Commissioner shall deposit the description, specification, drawings, and model of such application in like manner in the confidential archives of the office, and give notice thereof, by mail, to the person filing the caveat, who, if he would avail himself of his caveat, shall file. his description, specification, drawings, and model within three months from the time of placing said notice in the post office in Washington, with the usual time required for transmitting it to the caveator added thereto, which time shall be indorsed on the notice. And an alien shall have the privilege herein granted, if he shall have resided in the United States one year next preceding the filing of his caveat, and made oath of his intention to become a citizen.

rejection.

119, 120.

41. Whenever, on examination, any claim References upon for a patent is rejected for any reason. what- 4 July, 1836, ch. ever, the Commissioner shall notify the ap-357,2 7, v. 5, pp. plicant thereof, giving him briefly the reasons for such rejection, together with such information and references as may be useful in judging of the propriety of renewing his application or of altering his specification;

Interferences.

357, 28, v. 5, pp. 120, 121.

and if, after receiving such notice, the applicant shall persist in his claim for a patent, with or without altering his specifications, the Commissioner shall order a re-examination of the case.

42. Whenever an application is made for 4 July, 1836, ch. a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to proceed to determine the question of priority of invention. And the Commissioner may issue a patent to the party who shall be adjudged the prior inventor, unless the adverse party shall appeal from the decision of the primary examiner, or of the board of examiners-in-chief, as the case may be, within such time, not less than twenty days, as the Commissioner shall prescribe.

Affidavits and de

3 Mar., 1839, ch.

355.

88, 1, v. 12, p.

43. The Commissioner may establish rules positions. for taking affidavits and depositions required 88. 12, v. 5, p. in cases pending in the Patent Office, and 2 Mar., 1861, ch. such affidavits and depositions may be taken before any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where the officer resides.

246.

Duty of clerk of

court.

44. The clerk of any court of the United 2 Mar., 1861, ch. States, for any district or Territory wherein 892 1, v. 12, P testimony is to be taken for use in any con

240.

tested case pending in the Patent Office, shall, upon the application of any party thereto, or his agent or attorney, issue subpœna for any witness residing or being within said district or Territory, commanding him to appear and testify before any officer in said district or Territory authorized to take depositions and affidavits, at any time and place in the subpoena stated; and if any witness, after being duly served with such subpœna, shall neglect or refuse to appear, or, after appearing, shall refuse to testify, the judge of the court whose clerk issued the subpoena may, on proof of such neglect or refusal, enforce obedience to the process, or punish the disobedience as in other like

cases.

witnesses.

2 Mar., 1861, ch.

246.

45. Every witness duly subpoenaed and in Fees and rights of attendance shall be allowed the same fees as are allowed to witnesses attending the courts 88. ¿ 1, v. 12, p. of the United States, but no witness shall be required to attend at any place more than forty miles from the place where the subpœna is served upon him, nor be deemed guilty of contempt for disobeying such subpœna, unless his fees and traveling expenses in going to, returning from, and one day's attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena, nor for refusing to disclose any secret invention or discovery made or owned by himself.