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designs, to show or describe the type itself. In re Schraubstadter, (1905) 26 App. Cas. (D. C.) 331.
Separate claims in same application.The same application may include separate claims for the distinct parts of the same design and a claim for the entire design. Britton r. White Mfg. Co., (C. C. Conn. 1894) 61 Fed. 93.
Separate designs in single claim.-- Several separate and distinct designs may not be claimed in one clair. Dukes 1. Bauerle, (N. D. III. 1890) 41 Fed. 778.
Claiming the “configuration of the design" is the same thing as claiming the design or the figure of the pattern. Dobson . Dornan, (1986) 115 U. S. 10, 6 S. Ct. 946, 30 U.S. (L, ed.) 63.
Sec. 4931. [Duration of patents for designs.] 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. (R. S.]
Act of July 8, 1870, ch. 230, 16 Stat. L. 210.
Sec. 4932. [Extension of patents for designs.] Patentees of designs issued prior to the second day of March, eighteen hundred and sixty-one, shall be entitled to extension of their respective patents 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 second day of March, eighteen hundred and sixty-one. [R. S.)
Act of July 8, 1870, ch. 230, 16 Stat. L. 210.
Sec. 4933. [Patents for designs subject to general rules of patent law.] All the regulations and provisions which apply to obtaining or protecting patents for inventions or discoveries not inconsistent with the provisions of this Title, shall apply to patents for designs. [R. S.]
Act of July 8, 1870, ch. 230, 16 Stat. L. 210.
Application of other sections.- Regula- with the existing patent act, apply to pattions and provisions applicable to the ob- ents for designs without modification or taining and prohibition of patents for in- variation. Miller 1. Smith, (C. C. R. I. ventions or discoveries not inconsistent 1880) 5 Fed. 359.
An act to amend the law relating to patents, trade-marks, and copyright.
[Act of Feb. 4, 1887, ch. 105, 24 Stat. L. 387.) [SEC. 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 two hundred and fifty dollars; and in case the total profit made by him from the manufacture or sale, ils aforesaid, of the article or articles to which the design, or colorable imitation thereof, has been applied, exceeds the sum of two hundred and fifty dollars, he shall be further liable for the excess of such profit over and above the sum of two hundred and fifty dollars. And the full amount of such
liability may be recovered by the owner of the letters patent, to his own use, in any circuit court of the United States having jurisdiction of the parties, either by action at law or upon a bill in equity for an injunction to restrain such infringement. [24 Stat. L. 387.]
By the Judicial Code, secs. 289-291, the circuit courts were abolished and their powers and duties conferred on the district courts. See JUDICIARY, vol. 5, pp. 1082, 1083.
Constitutionality. This Act is not un- For the infliction of the penalty the constitutional. Untermeyer 7. Freund, statute contemplate and requires knowl(C. C. A. 2d Cir. 1$93) 58 Fed. 205, 20 edge by the seller of the unauthorized use U. S. App. 32, 7 C. C. A. 183, affirming of the design by the manufacturer. Such (S. D. N. Y. 1892) 50 Fed. 77.
knowledge is not to be imputed to the Necessity of knowledge. - This statute, seller from the “ notice to the public” by according to its clear intent and effect, the marking required of the patentee by requires that, in order to charge either a R. S. section 4900, supra, p. 283. Gimmanufacturer or a seller of articles to bel 1. Hogg, (C. C. A. 3d Cir. 1899) 97 which has been applied a patented design Fed. 791, 38 C. C. A. 419. or any colorable imitation thereof, he must More than one penalty.-- For an inhave been “knowing that the same has fringement of a design patented under been so applied,” which is equivalent to three claims where the transaction consaying, “with a knowledge of the patent, sists of one order and sale, but one penand of his infringement.” Dunlap t. alty can be inflicted. Gimbel 1. Hogg, Schofield, (1894) 152 U. S. 244, 14 S. ('t. (C. C. A. 3d Cir. 1899) 97 Fed. 791, 38 576, 38 U. S. (L. ed.) 426, affirming (E. C. C. A. 419, reversing Hogg t. Gimbel, D. Pa. 1890) 42 Fed. 323; Fuller r'. Field, (E. D. Pa. 1899) 94 Fed. 518. (C. C. A. 7th Cir. 1897) 82 Fed. 813, 53 Where a manufacturer after having reU. S. App. 556, 27 C. C. A. 165.
ceived notice of a patent completes the It was not the intention of Congress to manufacture of a lot of infringing artiimpose such a penalty for an inadvertent cles and makes a delivery to one purchaser and ignorant invasion of another's right. and then gives orders to stop further Fuller v. Field, (C. C. A. 7th Cir. 1897) production, he is liable to one penalty. S2 Fed. 813, 53 U. S. App. 556, 27 C. C. A. Lowell Mfg. Co. v. Whittall, (C. C. Mass. 165.
1895) 71 Fed. 515. Necessity of marking "patented."- Computation of profits.-- The rule dePenalty may not be recovered where the clared by Congress for the computation of requirements of R. S. sec. 4900, supra, profits is the total profit from the manup. 283, with respect to notice to the facture or sale of the article to which the public, have not been complied with. Mon- design was applied, as distinguished from roe r'. Anderson, (C. C. A. 3d Cir. 1893) the pre-existing rule of the profits 58 Fed. 398, 17 U. S. App. 184, 7 C. C. A. which could be proved to be attributable 272.
to the design. Untermeyer 1. Freund, Allegation of marking“ patented.”-- To (C. C. A. 2d Cir. 1893) 58 Fed. 205, 20 recover the penalties, damages, and for an U. S. App. 32, 7 C. C. A. 183, affirming accounting of profits under this Act, it is (S. D. N. Y. 1892) 50 Fed. 77. necessary to allege that the articles in- Measure of profits recoverable.-An fringed were marked “Patented” in ac- award of profits due to the design is cordance with R. S. sec. 4900, supra, all the patent owner is entitled to, when p. 283. Dunlap v. Schofield, (1894) 152 the design is separable from the article U. S. 244, 14 S. Ct. 576, 38 U. S. (L. ed.) to which it is attached. Bush, etc., Piano 426; Coupe v. Royer, (1895) 155 U. S. Co. v. Becker, (C. C. A. 2d Cir. 1915) 222 565, 15 S. Ct. 199, 39 U. S. (L. ed.) Fed. 902, 138 C. C. A. 382, wherein the 263; Lowell Mfg. Co. v. Hogg, (C. C. court held that on an award of profits Mass. 1895) 70 Fed. 787.
for the infringement of a design patent Nature of liability.— The liability im- for a piano case, the complainant's recov. posed by this Act is a statutory penalty ery should be confined to the subject of in the nature of damages and not a profit the patent, the piano case, and could not liquidated. Monroe .l. Anderson, (C. C. be extended to the piano contained in the A. 3d Cir. 1893) 58 Fed. 398, 17 U. S. patented case. App. 184, 7 C. C. A. 272.
Where the plaintiff has shown no measLiability of vendor.-A vendor acting in ure of profits due to the design alone, he good faith and selling in entire ignorance may recover the two hundred and fifty of any infringement perpetrated by the dollars provided by the statute. The statmanufacturer, is not subject to the pen- ute seems to give this amount as a measalty imposed by this Act.
ure of profits in cases where a less amount Hogg, (C. C. A. 3d Cir. 1899) 97 Fed. only can be proved and not as a penalty 791, 38 C. C. A. 419, reversing Hogg v. above the actual profits. Pirkl v. Smith, Gimbel, (E. D. Pa. 1899) 94 Fed. 518. (E. D. N. Y. 1890) 42 Fed. 410.
Sec. 2. [Remedy by existing law.] That nothing in this act contained shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any owner of letters patent for a design, aggrieved by the infringement of the same, might have had if this act had not been passed; but such owner shall not twice recover the profit made from the infringement. [24 Stat. L. 388.]
Sec. 4934. [Fees in obtaining patents, etc.] The following shall be the rates for patent-fees :
On filing each original application for a patent, except in design cases, fifteen dollars.
On issuing each original patent, except in design cases, twenty dollars.
In design cases: For three years and six months, ten dollars; for seven years, fifteen dollars; for fourteen years, thirty dollars.
On every application for the re-issue of a patent, thirty dollars.
On an appeal for the first time from the primary examiners to the examiners-in-chief, ten dollars.
On every appeal from the examiners-in-chief to the Commissioner, twenty dollars.
For certified copies of patents and other papers, including certified printed copies, ten cents per hundred words.
For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; and for each additional thousand words or fraction thereof, one dollar.
For copies of drawings, the reasonable cost of making them. [R. S.]
Act of July 8, 1870, ch. 230, 16 Stat. L. 209, 210; Act of March 24, 1871, ch. 5, 17 Stat. L. 3.
As originally enacted the paragraph next preceding the last one of this section was as follows:
“ For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, one dollar; of over three hundred and under one thousand words, two dollars; of over one thousand words three dollars."
By the Sundry Civil Appropriation Act of May 27, 1908, ch. 200, § 1, 35 Stat. L. 343, it was provided that " In lieu of the fees fixed by section forty-nine hundred and thirty-four of the Revised Statutes for recording assignments, agreements, powers of attorney, or other papers in the Patent Office the following shall hereafter be the rates:" And the paragraph immediately following this provision has been incorporated in the section as given in the text in the last paragraph but one thereof.
This section was amended by an Act of June 25, 1910, ch. 414, § 2, 36 Stat. L. 843, by striking out, after the paragraph beginning with the words In design cases paragraph reading “On filing each caveat, ten dollars ” which had appeared in the section as originally enacted. Sec. 1 of said Amendatory Act repealed R. S. sec. 4902, and sec. 3 thereof was as follows:
" SEC. 3. That this Act shall take effect July first, nineteen hundred and ten, and shall not apply to any caveat filed prior to said date.”
Effect of nonpayment.---A patent is not (1869) 3 Fish. Pat. Cas. 536, 30 Fed. Cas. rendered void by the failure to pay the No. 18,285. fees required. Crompton +. Belknap Mills, Collateral attack for failure to pay
fees.-A patent is not open to collateral attack by reason of failure to pay the required fees within the time prescribed. Lamprey Boiler Furnace Mouth Protector Co. 7. Economy Feed Water Heater Co., (C. C. N. H. 1894) 62 Fed. 590.
Final fee — when paid. -- Under the provisions of R. S. sec. 4897, supra, p. 188, the final fee may be paid within six months after the allowance of the application. This means six calendar months. Economy Feed Water-Heater Co. 1. Lamprey Boiler Furnace-Mouth Protector Co., (C. C. A. Ist Cir. 1895) 65 Fed. 1000, 21 U. S. App. 714, 13 ('. C. A. 271.
Constructive notice by recording.--Although this section prescribes fees for recording every assignment, agreement, power of attorney, or other paper." it does not follow that the record of every paper which may happen to be recorded is to be taken as constructive notice of its contents to every person subsequently dealing with a party to it in respect to its subject matter. The record of an instrument is not constructive notice to a subsequent purchaser unless the statute requires the instrument to be recorded. Wright r. Randel, (N. D. N. Y. 1881) S Fed. 591.
Sec. 4935. [Mode of payment.] Patent-fees may be paid to the Commissioner of Patents, or to the Treasurer or any of the assistant treasurers of the United States, or to any of the designated depositaries, national banks, or receivers of public money, designated by the Secretary of the Treasury for that purpose; and such officer shall give the depositor a receipt or certificate of deposit therefor. All money received at the PatentOffice, for any purpose, or from any source whatever, shall be paid into the Treasury as received, without any deduction whatever. (R. S.)
Act of July 8, 1870, ch. 230, 16 Stat. L. 209.
Sec. 4936. [Refunding.] The Treasurer of the United States is authorized to pay back any sum or sums of money to any person who has through mistake paid the same into the Treasury, or to any receiver or depositary, to the credit of the Treasury, as for fees accruing at the Patent-Office, upon a certificate thereof being made to the Treasurer by the Commissioner of Patents. [R. S.]
Act of July 8, 1870, ch. 230, 16 Stat. L. 209.
PAY AND ALLOWANCES
PAYNE-ALDRICH TARIFF ACT
See CUSTOMS DUTIES
PELAGIC SEALING ACT
See PENAL Laws
CHAPTER I. OFFENSES AGAINST THE EXISTENCE OF THE GOVERNMENT,
RIGHTS OF CITIZENS, 484.
TERRITORIAL JURISDICTION OF THE UNITED STATES, 890.
2. Punishment of Treason, 420.
OFFENSES AGAINST NEUTRALITY Sec. 9. Accepting a Foreign Commission, 425.
10. Enlisting in Foreign Service, 430. 11. Arming Vessels against People at Peace with the United States, 434. 12. Augmenting Force of Foreign Vessel of War, 457. 13. Military Expeditions against People at Peace with the United States,
460. 14. Enforcement of Foregoing Provisions, 476. 15. Compelling Foreign Vessels to Depart, 481. 16. Armed Vessels to Give Bond on Clearance, 482. 17. Detention by Collectors of Customs, 482. 18. Construction of This Chapter, 483.