Under the patent act of 21 Feb. 1793, ch. 11, if the patentee has sold out a moiety of his patent right, a joint action lies, by himself and his assignee, for 
a violation of it. The making of a patented machine fit for use, and with design to use it for profit, in violation of the patent right, is of itself a breach of the patent right, for which an action lies. If there be a mere making and no user proved, nominal damages are to be given to the plaintiff. Where the law gives a remedy for a particular act, the do­ing of that act of itself imports a damage, for which an action lies. If the oath, required by the patent act previous to the issuing of a patent, be not taken, still the patent is valid. Under the patent act, no defect of concealment in any specification is sufficient to avoid a patent, unless it be with intent to deceive the public. Counsel fees for prosecuting the suit are no proper item of damage in an action for violation of a patent.