any machine, implement or thing patented, which had been in lawful use previous to the expiration of the patent, but a right to demand pay for the further benefit which the public may derive by the further introduction thereof into use, and for the further use thereof by those who have not paid any thing to the inventor, or to any person acting under his authority, for the right to use the invention: provided, however, that the Commissioner shall have no power to grant an extension after the expiration of the term for which the patent was originally issued: provided, also, that extensions shall not be granted on patents granted to foreigners, or patents granted for designs

or natarta

Cantinuation of Sec. 16.

but when any action shall be brought for the violation of a patent by such sale or use, the plaintiff shall give good and sufficient bonds to the defendant to indemnify him for all damages that may arise in consequence of bringing such action, in case the patent should prove to be invalid, or that it had not been violated by such importation, sale, or use; but in case the patent should be sustained, and it should be proved that it had been infringed by such importation, sale, or use, then the amount of damages in such cases shall be left discretionary with the court, and in case any person continues to violate a patent by importing, selling, or using articles which have been produced by means of the invention in any foreign country, after being duly notified that he is infringing the patent thereby, such person shall be held to be a wilful infringer, and three-fold damages shall be awarded by the court upon conviction.

ter, or any useful improvement on any art, machine, manufacture, or composition of matter, and not in use in this country at the time of the application for a patent. The fee of the office and other proceedings shall be the same as on an application for a patent for an original invention, except that the language and oath shall be varied to apply to the case, and the term of the patent shall be for seven years, and no extension of time thereon shall be granted.

SECT. 16. And be it further enacted, That if any article, or composition of matter, shall be imported from any foreign country, which was manufactured by any machine,

-wroduced hy any process patented in the United States,

any machine, implement or thing patented, which had been in lawful use previous to the expiration of the patent, but a right to demand pay for the further benefit which the public may derive by the further introduction thereof into use, and for the further use thereof by those who have not paid any thing to the inventor, or to any person acting under his authority, for the right to use the invention: provided, however, that the Commissioner shall have no power to grant an extension after the expiration of the term for which the patent was originally issued: provided, also, that extensions shall not be granted on patents granted to foreigners, or patents granted for designs, or patents granted for the introduction of new things from foreign countries.

SECT. 18. And be it further enacted, That all actions for damages for unlawfully making, using, or selling, the thing patented, shall be brought before the United States Circuit Court, or before the District Court, having the powers and jurisdiction of a Circuit Court, in the District in which such unlawful act was committed: provided, also, that before proceeding to trial, the plaintiff shall give good and sufficient bonds for the use of the defendant, in the amount of seven hundred dollars, to pay the costs of court in case it should be proved that he had no just right and title to the thing specified, described and claimed in the Patent.

SECT. 19. And be it further enacted, That in case the patentee, or his assigns, has reason to suppose that the invention patented is unlawfully used in secret, he may summons (in the same manner, and under the same process as provided for, by law, in other cases) any person or persons whom he suspects has a knowledge of such use to appear before a magistrate, and on presenting his specification and model, or specimen, before the wit

ness and magistrate, such witness shall be bound to state, under oath or affirmation, whether he or she has any knowledge of the invention being in use, and if so, shall state where and by whom.

SECT. 20. And be it further enacted, That when any person shall bring an action for the violation of a patent, the defendant may have sixty days after service of the writ, to give the plaintiff, or his attorney, the names and places of residence of all persons whom he intends to bring into court as witnesses to prove that he has not infringed the patent, and if from any cause the plaintiff shall not be able to ascertain before the succeeding term of the court what those persons know about the invention, and to ascertain if any statements made by them are not true, it shall be sufficient cause for a continuance of the case to the next term of the court, if the plaintiff should make that request.

SECT. 21. And be it further enacted, That if the defendant relies in his defence, upon proving that the patent is invalid, for the reason that the thing described and claimed was known, and in use before the invention thereof by the patentee, he shall give the plaintiff the names and places of residence of those persons having such knowledge, and shall give good and sufficient bonds to the plaintiff to pay the expense of travelling to and from the residence of the persons named in his notice of defence, and if those persons secrete themselves, so that they cannot be found by reasonable effort, or shall refuse to state all they know about the invention in controversy, to the inventor, or to any one authorized by him to make the inquiry, the testimony of such persons shall not be admitted as evidence in the case; and in case any witness shall testify to false dates, which would render the patent

invalid, such person shall be held to have committed perjury.

SECT. 22. And be it further enacted, That in case the defendant in any suit admits the infringement of the patent, before proceeding to trial, leaving only the amount of damages to be proved, it shall be the duty of the court to increase the amount of damages, after verdict, as much as in their judgment may seem just and equitable, not, however, exceeding double the amount of the actual damages found by the jury; but in case the defendant relies upon proving the patent to be invalid, and it should be sustained, the court shall hold the defendant to have been a wilful infringer, and shall increase the actual damages found by the jury three-fold, and shall issue an execution therefor, without delay, including the costs of court.

SECT. 23. And be it further enacted, That all actions, suits, controversies and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or discoveries, shall be originally cognizable, as well in equity as in law, by the Circuit Courts of the United States, or any District Court having the powers and jurisdiction of a Circuit Court; which courts shall have power, upon bill in equity filed by any party aggrieved, in any such case, to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any inventor as secured to him by any law of the United States, on such terms and conditions as said courts may deem reasonable: provided, however, that from all judgments and decrees, from any such court 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