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TWENTY-SEVENTH CONGRESS. Sess.II. Ch.263. 1842.
Proviso.
Penalty for in-fringing therights of a pa-tentee, &c. bymarking.
How recover-able, &c.
Patentees,&c.requir’d to markarticles offeredfor sale.
the oath of his or their intention to become a citizen or citizens whoby his, her, or their own industry, genius, efforts, and expense, mayhave invented or produced any new and original design for a manufac-ture, whether of metal or other material or materials, or any new andoriginal design for the printing of woollen, silk, cotton, or other fabrics,or any new and original design for a bust, statue, or has relief or com-position in alto or basso relievo, or any new and original impression orornament, or to be placed on any article of manufacture, the same be-ing formed in marble or other material, or any new and useful pattern,or print, or picture, to be either worked into or worked on, or printedor painted or cast or otherwise fixed on, any article of manufacture, orany new and original shape or configuration of any article of manufac-ture not known or used by others before his, her, or their invention orproduction thereof, and prior to the time of his, her, or their applicationfor a patent therefor, and who shall desire to obtain an exclusive pro-perty or right therein to make, use, and sell and vend the same, orcopies of the same, to others, by them to be made, used, and sold, maymake application in writing to the Commissioner of Patents expressingsuch desire, and the Commissioner, on due proceedings had, may granta patent therefor, as in the case now of application for a patent: Pro-vided, That the fee in such cases which by the now existing laws wouldbe required of the particular applicant shall be one half the sum, andthat the duration of said patent shall be seven years, and that all theregulations and provisions which now apply to the obtaining or protec-tion of patents not inconsistent with the provisions of this act shallapply to applications under this section.
Sec. 4. And be it further enacted, That the oath required for appli-cants for patents may be taken, when the applicant is not, for the timebeing, residing in the United States , before any minister, plenipoten-tiary, charge d’affaires, consul, or commercial agent holding commis-sion under the Government of the United States , or before any notarypublic of the foreign country in which such applicant may be.
Sec. 5. And be it further enacted, That if any person or personsshall paint or print, or mould, cast, carve, or engrave, or stamp, uponany thing made, used, or sold, by him, for the sole making or sellingwhich he hath not or shall not have obtained letters patent, the nameor any imitation of the name of any other person who hath or shall haveobtained letters patent for the sole making and vending of such thing,without consent of such patentee, or his assigns or legal representatives;or if any person, upon any such thing not having bee n purchased, fromthe patentee, or some person who purchased it from or under such pa-tentee, or not having the license or consent of such patentee, or hisassigns or legal representatives, shall write, paint, print, mould, cast,carve, engrave, stamp, or otherwise make or aflix the word “patent,”or the words “letters patent,” or the word “patentee,” or any word orwords of like kind, meaning, or import, with the view or intent of imi-tating or counterfeiting the stamp, mark, or other device of the patentee,or shall affix the same or any word, stamp, or device, of like import, onany unpatented article, for the purpose of deceiving the public, he, she,or they, so offending, shall be liable for such offence, to a penalty of notless than one hundred dollars, with costs, to be recovered by action inany of the circuit courts of the United States , or in any of the districtcourts of the United States , having the powers and jurisdiction of acircuit court; one half of which penalty, as recovered, shall be paid tothe patent fund, and the other half to any person or persons who shallsue for the same.
Sec. 6. And be it further enacted, That all patentees and assigneesof patents hereafter granted, are hereby required to stamp, engrave, orcause to be stamped or engraved, on each article vended, or offered for