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Sec. 14. And be it further enacted, That whenever, in any action Courts may for damages for making, using, or selling the thing whereof the exclu- render judg. sive right is secured by any patent heretofore granted, or by any patent not exceeding which may hereafter be granted, a verdict shall be rendered for the three times ihe plaintiff in such action, it shall be in the power of the court to render amount of ac
tual damages. judgment for any sum above the amount found by such verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof, according to the circumstances of the case, with costs ; and such damages may be recovered by action on the case, in any court of competent jurisdiction, to be brought in the name or names of the person or persons interested, whether as patentees, assignees, or as grantees of the exclusive right within and throughout a specified part of the United States. Sec. 15. And be it further enacted, That the defendant in any such
Defendant action shall be permitted to plead the general issue, and to give this act may plead the and any special matter in evidence, of which notice in writing may general issue have been given to the plaintiff or his attorney, thirty days before trial
, &c. tending to prove that the description and specification filed by plaintiff does not contain the whole truth relative to his invention or discovery, or that it contains more than is necessary to produce the described effect; which concealment or addition shall fully appear to have been made for the purpose of deceiving the public, or that the patentee was not the original and first inventor or discoverer of the thing patented, or of a substantial and material part thereof claimed as new, or that it had been described in some public work anterior to the supposed discovery thereof by the patentee, or had been in public use, or on sale, with the consent and allowance of the patentee before his application for a patent, or that he had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same; or that the patentee, if an alien at the time the patent was granted, had failed and neglected for the space of eighteen months from the date of the patent, to put and continue on sale to the public, on reasonable terms, the invention or discovery for which the patent issued; in either of which cases judgment shall be rendered for the defendant, with costs. And whenever the defendant relies in his defence on the fact of a previous invention, knowledge, or use of the thing patented, he shall state, in his notice of special matter, the names and places of residence of those whom he intends to prove to have possessed a prior knowledge of the thing, and where the same had been used : Provided, however, That Proviso. whenever it shall satisfactorily appear that the patentee, at the time of making his application for the patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery or any part thereof having been before known or used in any foreign country, it not appearing that the same or any substantial part thereof had before been patented or described in any printed publication. And provided, also, Proviso. That whenever the plaintiff shall fail to sustain his action on the ground that in his specification of claim is embraced more than that of which he was the first inventor, if it shall appear that the defendant had used or violated any part of the invention justly and truly specified and claimed as new, it shall be in the power of the court to adjudge and award as to costs as may appear to be just and equitable.
Sec. 16. And be it further enacted, That whenever there shall be Interfering patwo interfering patents, or whenever a patent on application shall have tents, &c. been refused on an adverse decision of a board of examiners, on the ground that the patent applied for would interfere with an unexpired patent previously granted, any person interested in any such patent, either by assignment or otherwise, in the one case, and any such appli
cant in the other case, may have remedy by bill in equity; and the court having cognizance thereof, 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 invalid in any particular part or portion of the United States, according to the interest which the parties to such suit may possess in the patent or the inventions patented, and may also adjudge that such applicant is entitled, according to the principles and provisions of this act, 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 invention shall in any such case be made to appear. And such adjudication, if it be in favor of the right of such applicant, shall authorize the Commissioner to issue such patent, on
his filing a copy of the adjudication, and otherwise complying with the Proviso. 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 cogni Sec. 17. And be it further enacted, That all actions, suits, controzable in circuit versies, and cases arising under any law of the United States, granting courts of United or confirming to inventors the exclusive right to their inventions or dis, &
coveries, 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 hare 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 it further enacted, That whenever any patentee of be extended se- an invention or discovery shall desire an extension of his patent beyond ven years in certain cases.
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 applicant's paying the sum of forty dollars to the credit of the Treasury, as in the case of an original application for a patent, 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 of 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 show 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, shall 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 thereof." The patentee shall furnish to said board a statement, in writing, under oath, of the ascertained value of the invention, and of his receipts and expenditures, sufficiently in detail to exhibit a true and faithful account of loss and profit in any manner accruing to him from and by reason of said invention. And if, upon a hearing of the matter, it shall appear to the full and entire satisfaction of said board, having due regard to the public interest therein, that it is just and proper that the term of the patent should be extended, by reason of the
patentee, without neglect or fault on his part, having failed to obtain,
Sec. 19. And be it further enacted, That there shall be provided for Library of Pathe use of said office, a library of scientific works and periodical publi- tent Office. cations, both foreign and American, calculated to facilitate the discharge of the duties hereby required of the chief officers therein, to be purchased under the direction of the Committee of the Library of Congress. And the sum of fifteen hundred dollars is hereby appropriated, for that purpose, to be paid out of the patent fund.
Sec. 20. And be it further enacted, That it shall be the duty of the Models to be Commissioner to cause to be classified and arranged, in such rooms or classified and
arranged. galleries as may be provided for that purpose, in suitable cases, when necessary for their preservation, and in such manner as shall be conducive to a beneficial and favorable display thereof, the models and specimens of compositions and of fabrics and other manufactures and works of art, patented or unpatented, which have been, or shall hereafter be deposited in said office. And said rooms or galleries shall be kept open during suitable hours for public inspection.
Sec. 21. And be it further enacted, That all acts and parts of acts Former acts heretofore passed on this subject, be, and the same are hereby repealed : repealed. Provided, however, That all actions and processes in law or equity sued Proviso. out prior to the passage of this act, may be prosecuted to final judgment and execution, in the same manner as though this act had not been passed, excepting and saving the application to any such action, of the provisions of the fourteenth
and fifteenth sections of this act, so far as they may be applicable thereto: And provided, also, That all applica- Proviso. tions or petitions for patents, pending at the time of the passage of this act, in cases where the duty has been paid, shall be proceeded with and acted on in the same manner as though filed after the passage hereof. APPROVED, July 4, 1836.
STATUTE I. Char. CCCLIX.-An Act to suspend the discriminating duties upon goods im July 4, 1836.
ported in vessels of Portugal, and to reduce the duties on wines. (a) Be it enacted by the Senate and House of Representatives of the
Acts suspend United States of America in Congress assembled, That so much of the ed. several acts of Congress as imposes a discriminating duty upon goods, wares, and merchandise, imported in foreign vessels, be, and hereby is, suspended, so far as respects the produce or manufactures of Portugal proper, including Madeira, Porto Santo, and the Azores, when imported in vessels wholly and truly belonging to the subjects or citizens of said places; so that such produce or manufactures shall be subject to the same duties only as if imported in vessels of the United States : Pro- Proviso. vided, however, And [thatthis suspension shall continue no longer than this section remains in force.
(@) For notes of the acts relating to discriminating duties, vol. 4, page 2.
entitled at the time of his death or receiving such wound, for and during the term of five years; and in case of the death or marriage of such
widow before the expiration of said five years, the half pay for the reProviso. mainder of the time shall go to the said decedent: Provided, That the
half pay aforesaid shall be half the monthly pay of the officers, non
commissioned officers, musicians and privates of the infantry of the Proviso. regular army, and no more: Provided, also, That no greater sum shall
be allowed to the widow or to the child or children of any officer, than
the half pay of a lieutenant colonel. Benefit of the Sec. 2. And be it further enacted, That if any officer, non-commisact of 7th June, sioned officer, musician, soldier, Indian spy, mariner or marine, whose 1832, extended to widows or
service during the revolutionary war was such as is specified in the act children under passed the seventh day of June eighteen hundred and thirty-two, enticertain circum- tled "An act supplementary to the act for the relief of certain surviving stances.
officers and soldiers of the revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said
act, the amount of pension which would have accrued from the fourth Act of June 7, day of March, eighteen hundred and thirty-one, to the time of his death, 1832, ch. 126.
and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to
his children, in the manner prescribed in the act hereby amended. Extended to Sec. 3. And be it further enacted, That if any person who served in widows in other the war of the revolution, in the manner specified in the act passed the
Act of June 7, seventh day of June, eighteen hundred and thirty-two, entitled "An act 1832, ch. 126. supplementary to the act for the relief of certain surviving officers and
soldiers of the revolution,” have died, leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was
passed. Transfers of Sec. 4. And be it further enacted, That any pledge, mortgage, sale, any claim under assignment, or transfer of any right, claim, or interest in any money or this act declared half
pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one entitled to money under this act, shall take and subscribe an oath, to be administered by the proper accounting officer and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person
whatever. Secretary of Sec. 5. And be it further enacted, That the Secretary of War shall War to adopt
adopt such forms of evidence, in applications under this act, as the forms. President of the United States shall prescribe.
APPROVED, July 4, 1836. STATUTE I. July 4, 1836. Chap. CCCLXIII.- An Act making appropriations for the improvement of, (Obsolete.)
certain harbors therein mentioned, for the year one thousand eight hundred and
thirty-six, and for other purposes. Appropriations. Be it enacted, by the Senate and House of Representatives of the United
States of America in Congress assembled, That for the security of the navigation and commerce of the United States, the following sums of money be, and the same are hereby directed to be paid out of any money in the Treasury not otherwise appropriated, and placed at the
disposition of the President, for the following objects, viz: Maine.
For erecting a breakwater on Stanford ledge, in Portland harbor, Breakwater in according to the plan reported by John Anderson, of the Eng er bor.
corps, in the year eighteen hundred and thirty-two, ten thousand dollars. For the survey of a ledge near Owl's
head harbour, to determine the Survey near expediency of erecting thereon a breakwater to improve said harbor, harbor."
Owl's head four hundred dollars.
For the examination and survey of the passage into Cobscook bay, Survey at in the State of Maine, for the purpose of ascertaining the practicability. Cobscook bay. of removing two ledges whereby the navigation of said bay is materially obstructed, three hundred dollars. For deepening the channel of the Cocheco branch of the Piscataqua Deepening Pis:
. river, leading into Dover harbour, five thousand dollars.
cataqua river. For the improvement of the harbor at the mouth of Bass river, ten Massachusetts. thousand dollars and forty-one cents.
Bass river. For removing the wreck in the harbor of New Bedford, ten thousand Removing dollars.
wreck, New For the construction of a breakwater at Sandy bay, agreeably to the Breakwater at
Bedford harbor. report of a survey made by direction of the Department of War, trans- Sandy bay. mitted to Congress by the President, April twenty-third, eighteen hundred and thirty, ten thousand dollars.
For preserving the point of land leading to the fort and lighthouse at Point of land the Gurnet, in Duxbury, by hurdles or double ranges of piles, five thou- in Duxbury. sand dollars.
For the preservation of Rainsford island, in the harbor of Boston, Rainsford islfifteen thousand dollars.
and. For a breakwater at Church's cove harbor, in the town of Little Rhode Island. Compton, ten thousand dollars, agreeably to a survey made by Lieu- Breakwater at
Church's cove tenant Colonel Anderson, of the United States topographical engineers, harbor. in eighteen hundred and twenty-seven. For improving the harbor of Saybrook, by removing the bar at the Connecticut.
Saybrook har. mouth of Connecticut river, twenty thousand dollars.
bor. For improving the harbor of Westport, agreeably to the report of Westport harJohn Anderson, of the Engineer corps, three thousand dollars.
bor. For a sea-wall to preserve Fairweather island, near Black Rock Fairweather harbor, ten thousand dollars.
island. For securing the public works at the harbor of Southport, one thou- Southport. sand five hundred dollars.
For further securing the beach at Cedar point, in Connecticut, one Cedar Point. thousand dollars.
For deepening the channel leading into Bridgeport harbor, ten thou- Bridgeport sand dollars.
harbor. For deepening the channel of the river Thames, leading into Nor
bor. wich harbor, ten thousand dollars.
Vermont. For building a breakwater or pier at the harbor of Burlington, ten Breakwater, thousand dollars.
Burlington har For deepening the channel to eight feet between the islands of North bor.
Channel near and South Hero, near Saint Alban's in Lake Champlain, in Vermont, St. Albans. fifteen thousand dollars.
New York. For the improvement of the harbor of Portland, on Lake Erie, ten
Portland harthousand dollars.
bor, Lake Erie. For the improvement of the harbor at the mouth of Salmon river, on Salmon river, Lake Ontario, according to the several plans of said harbor, submitted Lake Ontario. through the Department of War, five thousand dollars.
For the improvement of the harbor at the mouth of Oak Orchard Oak Orchard creek, on Lake Ontario, according to the plan thereof made by Joseph creek, Lake
Ontario. G. Swift, civil engineer, five thousand dollars.
For the improvement of the harbor at the mouth of Black river, in Black river. the county of Jefferson, five thousand dollars.
For building a breakwater or pier at the harbor of Plattsburg, ten Breakwater at thousand dollars.
Plattsburg. For improving the harbor at the mouth of Cattaraugus creek, on Cattaraugus
creek,lake Erio. Lake Erie, fifteen thousand dollars.