§8. Penalty for use of patentee's marks.

49. The act of August 29, 1842, s. 5, declares, That if any person or persons shall paint or print, or mould, cast, carve, or engrave¹, or stamp, upon any thing made, used, or sold, by him, for the sole making or selling which he hath not or shall not have obtained letters-patent, the name or any imitation of the namer of any other person who hath or shall have obtained letters-patent for the sole making and vending² of such thing, without consent of such patentee or his assigns or legal representatives; or if any person, upon any such thing not having been purchased from the patentee, or some person who purchased it from or under such patentee, or not having the license³ or consent of such patentee, or his assigns or legal representatives, shall write paint, print, mould, carve, engrave, stamp, or otherwise make or affix⁵ the word "patent," or the words "letters-patent," or the word "patentee," or any word or words of like kind, meaning, or import, with the view or intent of imitating or counterfeiting⁶ the stamp, mark, or other device of the patentee, or shall affix the same or any word, stamp, or device, of like import, on any 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 not less than one hundred dollars, with costs, to be recovered by action in any of the circuit courts of the United States, or in any of the district courts of the United States, having the powers and jurisdiction⁷ of a circuit court; one-half of which penalty, as recovered, shall be paid to the patent fund, and the other half to any person or persons who shall sue for the same.

§9. Courts having jurisdiction in patent cases.

50. It is enacted⁸ by the 17th section of the act of July 4, 1836, That all actions, suits, controversies⁹, and cases arising under any law of the United States, granting or confirming to inventors the exclusive right to their inventions or. discoveries, shall be originally cognizable, as well in equity¹⁰ as at law, by the circuit courts of the United States, or any district court having the powers and jurisdiction of a circuit court which courts shall have power, upon bill in equity filed by any party aggrieved¹¹, in any such case, to grant injunctions, according to the course and principles of courts of equity, to prevent the violation¹² of the rights of any inventor as secured to him by any law of the United States on such terms and conditions as said courts may deem reasonable: Provided, however, That from all judgments¹³ and decrees, from. any, such court rendered in the premises¹⁴, a writ⁴ of error or appeal, as the case may require, shall lie to the supreme¹⁵ court of the United States, in the same manner and under the same circumstances as is now Provided by law in other judgments and decree, of circuit courts, and in all other case's in which the court shall deem, it reasonable to allow the same.