A Treatise On the Law of Patents for Useful Inventions, As Enacted And Administered in the United States of America

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This is necessary in order to give the pubhc, after the privilege shall expire, the advantage for which the privilege is allowed, and is the foundation of the power to issue the patent. The neces- sary consequence of the ministerial character in which the secretary acts is that the performance of the prerequisites to a patent must be examinable ia any suit brought upon it. If the case was of the first impression, we should come to this conclusion; but it is tmderstood to be settled.
" The act o
...f Parliament concerning monopolies contains an exception on which the grants of patents for inventions have issued in that country. The construction of so much of that exception as connects the specification with 494 THE LAW OP PATENTS. [CH. IX.
§ 368. Now the statute of 1836 omits the provision that the patent shall be declared void, when judgment is rendered for the defendant, and it leaves the ground of a concealment or addition in the specification, with intent to deceive the public, simply a defence to the action, of a special nature.


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