Patent Office And Patent Laws: Or, a Guide to Inventors And a book of Reference for Judges, Lawyers, Magistrates And Others. With Appendices

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27. In this proceeding, the defendant's posses- sion of the patent is so isjr prima facie evidence of his right, as that the onus prohandi is cast on the plaintiff, who is bound to prove that the patent was obtained surreptitiously, or upon false sugges- tion. [Stearns v. Barrett, 1 Mason, 153.
28. If a patent has been obtained by the plain- tiff, upon the defendant's refusal to submit to an arbitration, according to the ninth section of the act of February 21, 1793, ch. 156, and the de- fendan
...t subsequently obtain a patent for the same invention, this is not conclusive proof that the 202 PATENT OFFICE AND PATENT LAWS.
latter was obtained surreptitiously, or upon false suggestions. [Ibid.
29. Tbe sixth section of tbe patent act does not enumerate all the defences of which the defendant may legally avail himself; he may give in evidence that he never did the act attributed to him ; that the patentee is an alien, not entitled under the act ; or that he has a license or authority from the patentee.


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