p.- 



M LAWS,) 



Fifth. That it had been in public use or on sale 

 in thi* country for inrv than to years U-f..re his 

 ai.pl ..i: >'< f"V a (latent, or had been abandoned to 

 the ,.u 



\ii-l in notices m to proof ,,f P rc\ ion* inv.-n- 

 .s,. ,.f ii,,- thing patented, the 

 d,-f.-ndnnt -hall Mat* the name* of the patentees 

 and the dale* of their tiateni*. and when -ranted. 

 an. I the num.-* and residence* of the pcr>- 

 t. have invented or to ha\e had the prior knowl- 

 edge of the thing palent.^l.itnd where mid by whom 

 it had UMI ii!l: ami if anv one T more of the 

 special matter* allrp-d shall be found for tl 

 feixlant. judgment "hall be rendered for him with 

 cost*. And the like defends nmy IM- pleaded in 

 any nu it in equity for relief against im allffM m- 

 fnent : and* proof* of the same may be given 

 in the answer >f the defendant, 



ami with th<> lik.- .fleet.* 



..a. That section 4887 of the B totes 



be. and the *am<- hereby is. amendeil l.y iiiM-rting 

 after the !!.' 'the words 



otherwise entitled thereto/ mid on line :{. after 

 the word* * caused to he | ihe w.mU 



the n his legal representatives or assigns,' 



and by erasing therein all that |M>rfi<n of th< 

 tion which follows tin- word* 'in a foreign coun- 

 try.' on linos :i and 4. and substituting in lieu there- 

 of" the following: 'unless the application for said 

 was tiled more than seven months 

 to the filing of the application in this coun- 

 try, in which rn-e DO patent shall be granted in this 

 ry.' that the section so amended will read as 

 follows: 



^w, 4887. No nerson otherwise on tit led tl, 

 shall be debarred from receiving a patent for his 

 invention or discovery, nor shall any patent I..- .|.- 

 clared invalid, by reason of its having been first 

 patent.. 1 orOBOSed to be patentel by the invent-. r 

 or his legal representatives or assigns in a f <i 

 country, unless the application for said for. i-n 

 patent was filed more than -even months prior to 



'ling of the application in this country, in 

 which case no patent shall be granted in this Oom> 

 toy. 1 



>n 4894 of the Revised Statutes 

 be. and the same hereby is, amended by striking 

 out the words 'two year-' in every place where 

 they --cur and substituting in lieu thereof the 

 words "one year"; so that the section so amended 

 will read as follows: 



-KT. 4894. All applications for patents shall be 

 completed and prepared for examination within 

 one year after the filing of the application, and in 

 default thereof, or upon failure of the applicant to 

 prosecute the same within one year after any action 

 n. of which iioiic,- shall have been given to 

 tho applicant, th.-v -hall lie regarded as abandoned 

 by the parties thereto, unless it be shown to the 

 satisfaction of the Commissioner O f Patents that 

 such delay was unavoidable/ 



-Sec. 5. That section 4868 of the Revised Statute* 

 br, and the same hereby is, amended bv adding 



-If any such assign men t.Krant.Mr convey in 

 any |fc>nt shall be acknowledged liefore anv no- 

 tary public of the several States or Territo, 



Columbia, or any comnn^i n- r of 

 the United States circuit court, or liefore any sec- 

 rrtary of legation or consular officer authorized to 

 administer oaths or perform notorial acts under 

 section 1750 of the Hevi^l statute*, the certificate 

 of such acknowledgment, under the hand and 

 ;"h notary or other officer, shall be 

 prim-: idence of 'the execution of such as- 



signment, grant, or c..n\, -\an ' : w> thattheaec- 

 tion so amended will read as follows : 



PJf patent or any interest therein 

 -hall be assignable in law by an instrument in 

 writing, and the patentee or his a>->iL r n^ or leiral 

 representatives may in like manner ui-.-mi an.l con- 

 vey an exdiixive right under his jmtent to the \shole 

 i | art of the I niled States. An 

 assigmiK n!. -r.-mt. 

 again nt pun-haM-r or nn>i 



a valuable oonaideration, without notice. un!. n is 



led in the I'at.-nt ( Mlice wit Inn three months 

 from the date tli> 



'"If an\ -nch a.siLMimi-nt. irranl. or . 

 of any patent shall be aekn 

 notary public of the tftfc - Of '!'. I 



the 1 ' < 'oluml.i., mmi^i.,1 



the I'nited States cin-uit court, or I., f. 

 r.-tary of legation or consular oiVn-er aiithon. 

 administer oat i rm notarial m-N uixler 



1 Statutes, ih. 



of sii,-l, acknowledgment, under the IIMIH! and olli- 

 cial seal of such notary or oilier ollieer. shall be 

 leiice of the execution of such as- 

 siLrnuieiit. grant, or OOnveT) 



tton 'I'.'-.'i -.f ti MMI- 



Utes be, and the same hereby i-. amended by add- 

 inj,' thereto the following sentence: 



IJut in any suit , adion brought for the in- 

 fringement of any patent there shall be D 

 covery of profits OF damages for any infringement 

 ((.mniitted more than six fore the filing of 



the bill of complaint or the issmiiL' of the writ 

 in such suit or action, and thi< pp. \i-ion -hall ap- 

 ply to existing causes of action'; so that the sec- 

 amended will read as follows: 



The several oonrts vested with juris- 

 diction of cases arising under the patent laws 

 shall have power to grant injunct ions according to 

 the course and principles of courts of e.jni' 

 prevent the violation of any right secured by' pat- 

 ent, on such terms as the court may deem rea- li- 

 able; and upon a decree being rendered in any 

 such case for an infringement the complainant 

 shall be entitled to recover, in addition to the 

 profits to be accounted for by the defendant, the 

 damages the complainant has sustained thereby: 

 and the court shall assess the same or cause the 

 same to be assessed under its direction. And the 

 court shall have the same power to increase such 

 damages, in its discretion, as is given to in< 

 the d. mid by verdict* in actions in the 



nature of actions of trespass upon the case. 



" ' Hut in any suit or action brought for the in- 

 fringement of any patent there shall IM- i; 



tits or damagM for any infringement com- 

 mitted more than six years before the tiling of the 

 bill of complaint or the issuing of the writ in such 

 suit or action, and this provision shall apply to 

 ng causes of action.' 



U 8MX ?. That in case where the head of ai 

 partmcnt of t he Government shall request the <'oin- 

 missjoner of Patents to expedite the consideration 

 of an application for n patent, it shall be the duty 

 of such head of department to be represented be- 

 fore the commissioner in order to prevent tin im- 

 r issue of a patent/ 



c. 8. That this act shall take effect .Ian. I. 

 1808, and sections 1, 2. 3. and 4, amending sections 



|. 4HS7. and 4*!4 of tl : Statutes. 



shall not apply to any patent granted prior to said 

 date, nor to any application filed prior to said date. 

 nor to any patent granted on such an application." 



Mr. Draper, of Massachusetts, said, in explana- 

 tion of the measure, on reporting it to the 11 



' Mr. Speaker, this bill propose- half a do/en minor 

 amendments to the patent law which have been 

 r> commended unanimously by the American Bar 

 Association. A year ago or more a committee of 



