Page:United States Statutes at Large Volume 5.djvu/160

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[24; TWENTY—FOUR.TH CONGRESS. Sess. I. Ch.357. 1836. nant in the other case, may have remedy by bill in equity; and the com having cognizance thereqf, on notice to adverse parties and other due proceedings had, may adjudge and declare either the patents void in the whole or in part, or inoperative and -1DV8lld in any particular part. or portion of the United States, according to the interest which the parties to such suit may possess m the patent or the mventions patented, and may also adjudge that such applicant is entitled, according to the principles and provisions of tlus acte to have and receive a patent for his invention, as specified in his claim, or for any part thereof, as the fact of priority of right or iuventierrshall in any such case be made to appear. .And such adjudication, if it be in favqr of the right of such applicant, shall authorize the Cpmmissicner to issue such patent, on his Bling a copy of the adjudication, and otherwise complying with the y,,,v;,,°_ requisitions of this act. Provided, however, That no such judgment or adjudication shall affect the rights of any person except the parties to the action and those deriving title from or under them subsequent to the rendition of such judgment. _ _ Actions mgm. Sec. 17. And be it further enacted, That all actions, suns, contronblc in ¢ir9¤i¤ versies, and cases arising under any law of the United States, granting §‘${;°gg°"°d or confirming to inventors the exclusive riht to their inventions or dis. ’ ° cuveries, shall be originally cognizable, as well in equity as at 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 Proviso. 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 now provided by law in other judgments and decrees of circuit courts, and in all other cases in which the court shall deem it reasonable to allow the same. Patents may Sec. 18. And be ii further enacted, That whenever any patentce of lm °¥°°¤dQd $°· an invention or discovery shall desire an extension of his patent beyond 3Q2Q_ the term of its limitation, he may make application therefor, in writing, to the Commissioner of the Patent Office, setting forth the grounds thereof; and the Commissioner shall, on the applic:mt’s paying the sum of forty dollars to the credit of the Treasury, as in the case of an original application for a putent, cause to be published, in one or more of the principal newspapers in the city of Washington, and in such other paper or papers as he may deem proper, published in the section 0f' country most interested adversely to the extension of the patent. a notice of such application and of the time and place when and where the same will be considered, that any person may appear and shew cause why the extension should not be granted. And the Secretary of State, the Commissioner of the Patent Office, and the Solicitor of the Treasury, shull constitute a board to hear and decide upon the evidence produced before them both for and against the extension, and shall sit for that purpose at the time and place designated in the published notice ‘thereo£ The putentee shall furnish to said board n statement, in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures, sutheiently in detail to exhibit a true and faithful account of loss and profit in any manner accruing to him Hom and by reason of said invention, And if, upon a hearing of the mat-

ter, it shall appear to the full and entire satisfaction of said beard,

having due regard to the public interest therein, that it is just and pmper that the term of the patent should be extended, by reason of the