438 
Patents. 
that it is a new manufacture (a word to which great latitude of 
construction is given) not used before within the realm of England^ 
that the patentee is the first inventor or introducer, that the inven- 
tion is not contrary to law, or mischievous to the state, or hurtful 
to trade, or generally inconvenient (following the statute) and that 
the defendant at a certain time and place fraudulently used or imi- 
tated the same in whole or in part, as the case may be, to the da- 
mage of the plaintiff. 
ISthly. Injunction will be granted against persons infringing a 
patent right, until the right be tried in a' court of law ; even in the 
face of strong objections to the specification. Haymer v. Plane, 
14 Vez. 130. Boulton and Watt v. Bull, 3 Vez. 140. Indeed, the 
rule is, that persons in possession are entitled to injunction, which 
the court may grant either on terms or without. 
Such are the leading cases and points on the subject of Patent 
rights in England ; including, as it seems to me, some useful and 
important principles. 
The laws of this country upon the subject are as follow. I 
copy Graydon’s Digest, title Patents. 
Letters patent, how and by whom *made out 
The liberty of using an improvement defined 
How to proceed to obtain letters patent 
Inventors may assign their titles 
Act may be given in evidence 
State-rights to inventions, when to be deemed void 
Proceedings on interfering applications 
Patents surreptitiously obtained - . 
Inventor, before he petitions, to pay, &c. 
Proviso - - - 
Aliens, 8cc. to have benefit of former act 
Proviso » i 
Representatives of deceased may obtain patent 
Damages for breach of patent right 
1 
2 
3 
4 
5 
6 
7 
8 
9 
ib. 
10 
ib. 
11 
12 
ACT of February 21, 1793. (VoL II. p. 200.) 
1. Sect. I. When any person or persons being a citizen or 
citizens of the United States, shall allege that he or they have in- 
vented any new and useful art, machine, manufacture or composi- 
tion of matter, or any new and useful improvement on any art^ 
machine, manufacture or composition of matter, not known or 
used before the application, and shall present a petition to the se- 
