Patents. 44*1 
iiient, his obtaining an exclusive right under this act shall be 
sufficient evidence. 
Sect. VIII. is obsolete. 
7. Sect. IX. In case of interfering applications, the same 
shall be submitted to the arbitration of three persons, one of whom 
shall be chosen by each of the applicants, and the third person 
shall be appointed by the secretary of state : And the decision 
or award of such arbitrators, delivered to the secretary of state, 
in writing and subscribed by them, or any two of them, shall 
be final, as far as respects the granting of the patent; And 
if either of the applicants shall refuse or fail to choose an ar» 
bitrator, the patent shall issue to the opposite party. And where 
there shall be more than two interfering applications, and the 
parties applying shall not all unite in appointing three arbitrators, 
it shall be in the power of the secretary of state to appoint three 
arbitrators for the purpose. 
8. Sect. X. Upon oath or affirmation being made, before the 
judge of the district court, where the patentee, his executors, ad- 
ministrators or assigns reside, that any patent, which shall 
be issued i.', pursuance of this act, was obtained surreptitiously, 
or upon false suggestion, and motion made to the said court, with** 
in three years after issuing the said patent, but not afterwards, it 
shall and may be lawful for the judge of the said district court, if 
the matter alleged shall appear to him to be sufficient, to grant a 
rule, that the patentee, or his executor, administrator or assign, 
shew cause, why procees should not issue against him to repeal 
sucn patent. And if sufficient cause shall not be shewn to the 
contrary, the rule shall be made absolute, and thereupon the said 
judge shall order process to be issued against such patentee, or his 
executors, administrators or assigns, with costs of suit. And in 
case, no sufficient cause shall be shewn to the contrary, or if it 
shall appear, that the patentee was not the true inventor or disco- 
verer, judgment shall be rendered by such court for the repeal of 
such patent ; and if the party, at whose complaint the process is- 
sued, shall have judgment given against him, he shall pay all such 
costs, as the defendant shall be put to, in defending the suit, to be 
taxed by the court, and recovered in due course of law. 
9. Sect. XI. Every inventor, before he presents his petition 
to the secretary of state, signifying his desire of obtaining a patent, 
shall pay into the treasury thirty dollars,, for which he shall take 
duplicate receipts ; one of which receipts he shall deliver to the 
secretary of state, when he presents his petition : And the monef ;, 
