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Proviso.
Proviso.
Patents maybe extended se-ven years incertain cases.
cant in the other case, may have remedy by bill in equity; and the courthaving cognizance thereof, on notice to adverse parties and other dueproceedings had, may adjudge and declare either the patents void inthe whole or in part, or inoperative and invalid in any particular partor portion of the United States , according to the interest which theparties to such suit may possess in the patent or the inventions patented,and may also adjudge that such applicant is entitled, according to theprinciples and provisions of this act, to have and receive a patent forhis invention, as specified in his claim, or for any part thereof, as thefact of priority of right or invention shall in any such case be made toappear. And such adjudication, if it be in favor of the right of suchapplicant, shall authorize the Commissioner to issue such patent, onhis filing a copy of the adjudication, and otherwise complying with therequisitions of this act. Provided, however, That no such judgment oradjudication shall alfect the rights of any person except the parties tothe action and those deriving title from or under them subsequent tothe rendition of such judgment.
Sec. 17. And he it further enacted, That all actions, suits, contro-versies, and cases arising under any law of the United States , grantingor confirming to inventors the exclusive right to their inventions or dis-coveries, shall be originally cognizable, as well in equity as at law, bythe circuit courts of the United States , or any district court having thepowers and jurisdiction of a circuit court; which courts shall havepower, upon bill in equity filed by any party aggrieved, in any suchcase, to grant injunctions, according to the course and principles ofcourts of equity, to prevent the violation of the rights of any inventoras secured to him by any law of the United States , on such terms andconditions as said courts may deem reasonable: Provided, however,That from all judgments and decrees, from any such court rendered inthe premises, a writ of error or appeal, as the case may require, shalllie to the Supreme Court of the United States , in the same manner andunder the same circumstances as is now provided by law in other judg-ments and decrees of circuit courts, and in all other cases in which thecourt shall deem it reasonable to allow the same.
Sec. 18. And be it further enacted, That whenever any patentee ofan invention or discovery shall desire an extension of his patent beyondthe term of its limitation, he may make application therefor, in writing,to the Commissioner of the Patent Office , setting forth the groundsthereof; and the Commissioner shall, on the applicant’s paying the sumof forty dollars to the credit of the Treasury, as in the case of anoriginal application for a patent, cause to be published, in one or moreof the principal newspapers in the city of Washington, and in suchother paper or papers as he may deem proper, published in the sectionof country most interested adversely to the extension of the patent, anotice of such application and of the time and place when and wherethe same will be considered, that any person may appear and showcause why the extension should not be granted. And the Secretary ofState, the Commissioner of the Patent Office , and the Solicitor of theTreasury, shall constitute a board to hear and decide upon the evidenceproduced before them both for and against the extension, and shall sit forthat purpose at the time and place designated in the published noticethereof. The patentee shall furnish to said board a statement, inwriting, under oath, of the ascertained value of the invention, and ofhis receipts and expenditures, sufficiently in detail to exhibit a true andfaithful account of loss and profit in any manner accruing to him fromand 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 board,having due regard to the public interest therein, that it is just and pro-per that the term of the patent should be extended, by reason of the