The Laws of Texas, 1822-1897 Volume 2 Page: 110
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110
Laws of the Republic of Texas.
el or drawing, specifications and description, would enable a
mechanic or other person of suitable occupation, to make, construct,
and to put into successful operation, such improvement or
discovery.
Sec. 4. Be it further enacted, That it shall be the duty of the
applicant to pay the sum of thirty dollars for the use of the Republic,
to the Secretary of State, for the use of the Republic; which
payment, in addition to a compliance with the foregoing sections
of this act, shall entitle him to a patent right for such invention,
discovery or improvement, for the term of fourteen years: Provided,
That the residence of the patentee or his agent shall continue
in this Republic during that time.
Sec. 5. Be it further enacted, That nothing herein contained
shall confer any rights to persons who are not really original inventors
or improvers in some useful branch of industry, and that
any individual who may obtain a patent for any improvement or
discovery which may be or have been previously in use in this or
any other country longer than two years, on proper proof being
made of the fact, such patents shall be wholly invalidated.
Sec. 6. Be it further enacted,' That any individual or individuals
who shall or may violate the rights and privileges granted
to any patentee by this act, or that may be granted by law, shall
be liable to the said patentee in damages, which damages shall be
assessed by a jury under the direction of the court, and shall be
in all cases double the amount of damages specially proven, and
in addition a fine of five hundred dollars for the use of the Republic,
for each offence. Said action shall be brought in the District
Court, as provided by law in other civil cases, and the patentee
shall be entitled to all remedial process known to the law upon
good cause shown, as in other cases.
Sec. 7. Be it further enacted, That the Secretary of State
be, and he is hereby authorized and required to attach a bureau
to that department to be called the Patent Office, wherein all
the specimens, moulds, models and devices, of all new inventions
or discoveries which may be presented, with the descriptive
instructions of the patents, and they shall be
considered as forming a part of the national archives; and the
chief clerk of the Secretary of State shall discharge the duties
of that office: and for the discharge of the duties of said(110)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/114/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .