singular the rights and privileges given, intended or provided to citizens of the United States, respecting patents for new inventions, discoveries, and improvements, by the act, intituled “An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose,” shall be, and hereby are extended and given to all aliens who at the time of petitioning in the manner prescribed by the said act, shall have resided for two years within the United States, which privileges shall be obtained, used, and enjoyed, by such persons, in as full and ample manner, and under the same conditions, limitations and restrictions, as by the said act is provided and directed in the case of citizens of the United States. Provided always, That every person petitioning for a patentOath to be taken by such resident, that the invention or discovery hath not been used. for any invention, art or discovery, pursuant to this act, shall make oath or affirmation before some person duly authorized to administer oaths before such patent shall be granted, that such invention, art or discovery hath not, to the best of his or her knowledge or belief, been known or used either in this or any foreign country; and that every patent which shall be obtained pursuant to this act, for any invention, art or discovery, which it shall afterwards appear had been known or used previous to such application for a patent, shall be utterly void.
The legal representatives of a deceased inventor may obtain a patent.Sec. 2. And be it further enacted, That where any person hath made, or shall have made, any new invention, discovery or improvement, on account of which a patent might, by virtue of this or the above-mentioned act, be granted to such person, and shall die before any patent shall be granted therefor, the right of applying for and obtaining such patent, shall devolve on the legal representatives of such person in trust for the heirs at law of the deceased, in case he shall have died intestate; but if otherwise, then in trust for his devisees, in as full and ample manner, and under the same conditions, limitations and restrictions, as the same was held or might have been claimed or enjoyed by such person, in his or her lifetime; and when application for a patent shall be made by such legal representatives, the oath or affirmation, provided in the third section of the before-mentioned act, shall be so varied as to be applicable to them.
Damages for breach of patent right.Sec. 3. And be it further enacted, That where any patent shall be, or shall have been granted pursuant to this or the above-mentioned act, and any person without the consent of the patentee, his or her executors, administrators or assigns first obtained in writing, shall make, devise, use, or sell the thing whereof the exclusive right is secured to the said patentee by such patent, such person so offending, shall forfeit and pay to the said patentee, his executors, administrators or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, administrators, or assigns,To be recovered by action on the case in the circuit court. from or by reason of such offence, which sum shall and may be recovered, by action on the case founded on this and the above-mentioned act, in the circuit court of the United States, having jurisdiction thereof.
Repeal of part of the former act.
Act of Feb. 21, 1793, ch. 11.Sec. 4. And be it further enacted, That the fifth section of the above-mentioned act, intituled “An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose,” shall be, and hereby is repealed.
Approved, April 17, 1800.
Statute Ⅰ.
[Repealed.]
Chap. XXVI.—An Act to fix the compensation of the Paymaster-General, and Assistant to the Adjutant-General.
