Annual Reports of the War Department, Volume 3

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U.S. Government Printing Office, 1876
 

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Page 201 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, Third.
Page 226 - Treasury, in the performance of his official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector...
Page 209 - ... for the improvement from the United States, equally with any other citizen not engaged in such service; and the government cannot, after the patent is issued, make use of the improvement any more than a private individual, without license of the inventor or making compensation to him.
Page 226 - ... official duty, and the court certifies that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury.
Page 208 - This is an affirmance of a great doctrine established by the common law, for the protection of private property. It is founded in natural equity, and is laid down by jurists as a principle of universal law. Indeed, in a free government, almost all other rights would become utterly worthless, if the government possessed an uncontrollable power over the private fortune of every citizen.
Page 208 - Inventions secured by letters patent are property in the holder of the patent, and as such are as much entitled to protection as any other property, consisting of a franchise, during the term for which the franchise or the exclusive right is granted.
Page 209 - Letters-patent are not to be regarded as monopolies, created by the executive authority at the expense and to the prejndice of all the community except the persons therein named as patentees, but as public franchises granted to the inventors of new and useful improvements, for the purpose of securing to them, as such inventors, for the limited term therein mentioned, the exclusive right and liberty to make and use, and vend to others to be used...
Page 4 - I have the honor to submit the following report of the principal operations of the Ordnance Department during the fiscal year ended June 30...
Page 8 - That such issues shall be only from arms owned by the Government which have been superseded and no longer issued to the Army: Provided, however, That said arms shall be issued only in the following manner, and upon the following conditions, namely, upon the requisition of the governors of said States or Territories showing the absolute necessity of arms for the protection of the citizens and their property against Indian raids into said States or Territories, also that militia companies are regularly...
Page 229 - Actual damages must be actually proved, and cannot be assumed as a legal inference from any facts which amount not to actual proof of the fact. What a patentee " would have made, if the infringer had not interfered with his rights," is a question of fact, and not "a judgment of law.

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