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Theophilus Parsons.

Laws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics online

. (page 58 of 70)
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have been embraced in the original patent, may be the subject of a
re-issue ; but an applicant will not be allowed the benefit of proof
that there was more in his invention than is shown in his original
application, model, or specimens.

Re-issued patents expire at the same time that the original patent
would have done. For this reason, applications for re-issue will be
acted upon immediately after they are completed.

A patentee may, at his option, have in his re-issue a separate pat-
ent for each distinct part of the invention comprehended in his
original application, by paying the required fee in each case, and
complying with the other requirements of the law, as in original
applications. Each division of a re-issue constitutes the subject of a
separate specification descriptive of the part or parts of the inven-
tion claimed in such division ; and the drawing may represent only
such part or parts. One or more divisions of a re-issue may be
granted, though other divisions shall have been postponed or re-
jected. In all cases of applications for re-issues, the original claim
is subject to re-examination, and may be revised and restricted in
the same manner as in original applications.

The following are appropriate forms of application for re-issue :

(189.)
Form of Surrender of a Patent fvf Re-issue.

To THE COMMISSIONER OF PATENTS:

The petition of , of , in the county of

and State of ,

Respectfully represents :

That he did obtain letters-patent of the United States, for which letters-

patent are dated on the first day >{ March, 1850 ; that he now believes that the same



DISCLAIMERS. 571

are inoperative and invalid by reason of a defective specification, which defect has
arisen from inadvertence and mistake. He therefore prays that he may be allowed
to surrender the same, and requests that new letters-patent may issue to him,
for the same invention, for the residue of the period for which the original patent
was granted, under the amended specification herewith presented, he having paid
thirty dollars into -the treasury of the United States, agreeably to the requirements
of the act of Congress in that case made and provided.

(Signature.)

(190.)

Form of Oath to be appended to Applications for Re-Issue.
CITY (OB TOWN) OP COUNTY OF )

[-88.

STATE OF )

On this , day of 186 , before the subscriber, a

personally appeared the above-named and

made solemn oath (or affirmation) that he verily believes that, by reason of an
insufficient or defective specification, his aforesaid patent is not fully valid and
available to him, and that the said error has arisen from inadvertence, accident, or
mistake, and without any fraudulent or deceptive intention, to the best of his

knowledge or belief.

(Signature.)
(Signed.)

Applications for re-issues will not be kept secret ; and information
respecting the same will be furnished upon inquiry, as well as copies
of the proposed claims for publication.

Disclaimers.

Where, by inadvertence, accident, or mistake, the original patent
is too broad, a disclaimer may be filed either by the original patentee
or by any of his assignees.

The following is a sufficient form for a disclaimer :

(191.)

Form for a Disclaimer by an Assignee.

To THE COMMISSIONER OF PATENTS :
The petition of of in the County of

and State of
Respectfully represents :

That he has, by grant, duly recorded in the patent office, become the owner of
38



572 ' THE LAW OF PATENTS.

a right foi the several States of Massachusetts, Connecticut, and Rhode Island, to
certain improvements in the steam-engine, for which letters-patent of tho United
States were granted to of in the State of

dated on the day of 18 ; that

he has reason to believe that throagh inadvertence and mistake, the claim made
in the specification of said letters-patent is too broad, including that of which the
said patentee was not the first inventor. Your petitioner, therefore, hereby enters
his disclaimer to that part of the claim in the aforenamed specification which is in
the following words, to wit: "I also claim the particular manner in which tho
piston of the above-described engine is constructed, so as to insure the close fitting
of the packing thereof to the cylinder, as set forth ; " which disclaimer is to operate
to the extent of the interest in said letters-patent vested in your petitioner, who
has paid ten dollars into the treasury of the United States, agreeably to the re-
quirements of the act of Congress in that case made and provided.

(Signature.)

The above form is for disclaimer by an assignee. When the dis-
claimer is made by the original patentee, it must, of course, be so
worded as to express that fact.

Extensions.

The applicant for an extension must file his petition and pay in
the requisite fee at least ninety days prior to the expiration of his
patent. The commissioner has no power to renew a patent granted
since March 2, 1861 ; but he may extend one granted before, for
seven years.

The questions which arise on each application for an extension
are :

Is the invention novel ?

Is it useful ?

Is it valuable and important to the public ?

Has the inventor been adequately remunerated for his time and
expense in originating and perfecting it ?

Has he used due diligence in introducing his invention into gene-
ral use ?

The first two questions will be determined upon the result of an
examination in the patent office; as will also the third, to some
extent.

To enable the commissioner to come to a correct conclusion in
regard to the third point of inquiry, the applicant should, if possi-



EXTENSIONS. 573

ble, procure the testimony of persons disinterested in the invention,
which testimony should be taken under oath. In regard to the
fourth and fifth points of inquiry, in addition to his own oath show-
ing his receipts and expenditures on account of the invention, by
whish its value is to be ascertained, the applicant should show, by
testimony on oath, that he has taken all reasonable measures to
introduce his invention into general use ; and that, without default
or neglect on his part, he has failed to obtain from the use and sale
of the invention a reasonable remuneration for the time, ingenuity,
and expense bestowed on the same, and the introduction thereof into
use.

In case of opposition by any person to the extension of a patent,
both parties may take testimony, each giving reasonable notice to
the other of the time and place of taking said testimony, which shall
be taken according to the rules prescribed by the Commissioner of
Patents in cases of interference.

A monopoly of his invention is secured by the law no-v/in force
to the inventor for the term of seventeen years, with a view to
compensate him for his time and expense in originating and perfect-
ing it. At the end of the time for which his patent runs his mo-
nopoly should cease, and the invention become public property,
unless he can show good reason for the contrary. The presump-
tion is always against his application ; and if he cannot show that
his invention is novel, useful, and valuable, and important to the
public, and that having made all reasonable effort to introduce it
into general use, he has not been adequately remunerated for his
time and expense in discovering and perfecting it, the applicant
cannot have an extension. Therefore, the applicant for an exten-
sion must furnish to the office a statement in writing, under oath,
of the ascertained value of the invention, and of his receipts and
expenditures. This statement should be made particular and iu
detail, unless sufficient reason is set forth why such a statement can-
not be furnished. This statement should be filed within thirty days
after filing his petition.

Any person who intends to oppose an application for extension
may, at any time after such application has been made, give notice



574 THE LAW OF PATENTS.

of such intsiition to the applicant. After this he will be regarded
as a party in the case, and be entitled to notice of the time and
place of taking testimony, as well as to a list of the names an<f
residences of witnesses whose testimony may have been previously
taken ; but he must file his reasons in the patent office at least
twenty days before the day of hearing. The person opposing the
extension will be entitled to a copy of the application, and of any
other papers on file, upon paying the costs of copying.

In contested cases, no testimony will be received, unless by con-
sent, which has been taken within thirty days next after the filing
of the petition or the extension. In the notice of the application
for an extension, a day will be fixed for the reception of testimony ;
a day ten days later for the reception of arguments ; and a day ten
days after this for a hearing. Applications for a postponement of
the hearing must be made and supported according to the same
rules as are to be observed in the case of interferences. But they
will not be granted in such a manner as to cause a risk of prevent-
ing a decision in season.

Designs.

Designs are provided for by the Act of July 8, 1870, Sect. 71 to
76, as follows :

Any person, who by his own industry, genius, efforts, and expense,
has invented or produced any new and original design for a manu-
facture, bust, statue, alto-relievo, or bas-relief ; any new and original
design for the printing of woollen, silk, cotton, or other fabrics ; any
new and original impression, ornament, pattern, print, or picture,
to be printed, painted, cast, or otherwise placed on or worked into
any article of manufacture ; or any new, useful, and original shape
or configuration of any article of manufacture, the same not having
been known or used by others before his invention or production
thereof, or patented or described in any printed publication, may,
upon payment of the duty required by law, and other due proceed-
ings had the same as in cases of inventions or discoveries, obtain a
patent therefor. And the commissioner may dispense with models



FORM OF APPLICATION FOR PATENTS OR DESIGNS. 675

of designs when the design can be sufficiently represented by draw-
ings or photographs.

Patents for designs may be granted for the term of three years
and six months, or for seven years, or for fourteen years, as the
applicant may in his application elect. And patentees of designs
issued prior to March 2, 1861, shall be entitled to extension of their
respective patents for the term of seven years, in the same manner
and under the same restrictions as are provided for the extension
of patents for inventions or discoveries issued prior to the second
day of March, 1861.

The following are the rates of fees in design cases :

For three years and six months, ten dollars.

For seven years, fifteen dollars.

For fourteen years, thirty dollars.

For all other cases in which fees are required, the same rates as
in cases of inventions or discoveries.

All the regulations and provisions which apply to the obtaining
or protection of patents for inventions or discoveries, not inconsist-
ent with the provisions of the statute, apply to patents for designs.

The following forms are proper to be observed in applications of
this nature.



(102.)
Form of Application for Patents for Designs.

To THE COMMISSIONER OF PATENTS :

' The petition of of , in the County of

and State of t

Respectfully represents :

That your petitioner has invented or produced a new and original design for
, which he verily believes has not been known prior to the pro-
duction thereof by your petitioner. He therefore prays that letters-patent of the
United States may be granted to him therefor, for the term of
years, vesting in him and his legal representatives the exclusive right to the
same, upon the terms and conditions expressed in the act of Congress in that case
made and provided, he having paid dollars into the treAsury,

aud complied with the other provisions of the said act.

(Signature.)



576 THE LAW OF PATENTS.

The following may be used as a form of specification for de-
signs :

(193.)
Form of Specification for Designs.

To ALL WHOM IT MAY CONCERN :

Be it known that I , of the city of , in

the County of , and State of , have originated

and designed a new pattern for carpets or other fabrics (or design for a trade-mark)
of which the following is a full, clear, and exact description, reference being had
to the accompanying specimens or drawings, making part of this specification.

[Here follows a description of the design, with reference to the specimen or
drawing, the specification to conclude as follows : ]

Claim.

What I claim as my invention and desire to secure by letters-patent is the de-
sign or pattern for carpets or other fabrics (or design for a trade-mark) herein set
forth.

Witnesses. (Signature.)

(194.)
Form of Oath.

CITY (OB TOWN) OF AND COUNTY OF

STATE OF

On this day of , 186 , before the sub-

scriber, a , personally appeared the within-named

and made solemn oath (or affirmation, as the case may be) that he verily believes
himself to be the original and first inventor or producer of the design for a
composition in alto-relievo, and that, he does not know or believe that the same
was ever before known or used, and that he is a citizen of the United States.

(Signature.')
Foreign Patents.

The taking-out of a patent in a foreign country does not prejudice
a patent previously obtained here ; nor does it prevent obtaining a
patent here subsequently, if the invention has not been in public
use in the United States for more than two years. "When applica-
tion is made for a patent for an invention which has been already



CAVEATS. 577

patented abroad, the inventor will be required to make oath, that,
according to the best of his knowledge and belief, the same has not
been introduced into public and common use in the United States
for more than two years prior to the application. An applicant who
has obtained a foreign patent should state that a foreign patent, or
patents, have been obtained, and should give the date of the patent
having the shortest term. The reason of this is, that the statute
provides, that the patent granted in this country should expire with
the foreign patent, or, if there be more than one, at the same time
with that having the shortest term ; and in no case can it be in force
more than seventeen years.

Caveats.

Any citizen of the United States, or alien who has resided for one
year last past in the United States, and has made oath of his inten-
tion to become a citizen thereof, can file a caveat in the secret
archives of the patent office on the payment of a fee of ten dollars
therefor. And if, at any time within one year thereafter, another
person applies for a patent for the same invention, the caveator will
be entitled to notice to file his application, and to go into interference
with the applicant for the purpose of proving priority of invention,
and obtaining the patent if he succeed. He must file his applica-
tion within three months from the day on which the notice to him is
deposited in the post office at Washington, adding the regular time
for the transmission of the same to him ; and the day when the time
for filing expires shall be mentioned in the notice or indorsed there-
on. The caveator will not bo entitled to notice of any application
pending at the time of filing his caveat, nor of any application filed
after the expiration of one year from the date of filing the caveat ;
but he may renew his caveat at the end of one year by paying a
second caveat fee of ten dollars, which will continue it in force for
one year longer, and so on from year to year as long as the caveator
may desire.

No caveat can be filed in the secret archives of the office unless
accompanied by an oath of the caveator that he is a citizen of the
United States, or that he is an alien and has resided for one year last



578 THE LAW OF PATENTS.

past within the Uiilted States, and has made oath of his intention to
become a citizen thereof; nor unless the applicant also states, under
oath, that he believes himself the original inventor of the art, ma-
chine, or improvement set forth in his caveat.

A caveat need not contain as particular a description of the in
vention as is requisite in a specification ; but still the description
should be sufficiently precise to enable the office to judge whether
there is a probable interference when a subsequent application is
filed.

Caveat papers cannot be withdrawn from the office nor undergo
alteration after they have once been filed ; but additional papers rel-
ative to the invention may be appended to the caveat (their date
being noted), provided they are merely amendatory of the original
caveat. In the case of filing papers supplementary to an original
caveat, the right to notice in regard to the subject of those papers
expires with the caveat ; and any additional papers not relating to
the invention first caveated will receive no notice. The caveator, or
any person properly authorized by him, can at any time obtain
copies of the caveat papers at the usual rates.

The caveat should be accompanied by drawings or sketches.

The following is a proper form of a caveat :



(195.)

Form of a Caveat,

To THE COMMISSIONER OF PATENTS:

The petition of , of , in the county of

, and State of ,

Respectfully represents :

That he has made certain improvements in

and that he is now engaged in making experiments for the pur-
pose of perfecting the same, preparatory to his applying for letters-patent therefor.
lie therefore prays that the subjoined description of his invention may be filed as
a caveat in the confidential archives of the patent office, agreeably to the pro-
visions of the act of Congress in that case made and provided ; he having paid ten



ASSIGNMENTS AND GRANTS. 579

dollars into the treasury of the United States, and otherwise complied with the
requirements of the said act.

MARCH 1, 1856. (Signature.')

[Here should follow a description of the general principles of the invention so
far as it has been completed.]

The caveator must make oath or affirmation substantially accord-
ing to the form already given.

The Repayment of Money.

Money paid by actual mistake will be refunded, but a mere change
of purpose after the payment of money will not entitle a party to
demand such return.



Assignments and Grants.

A patent may be assigned, either as to the whole interest, or any
undivided part thereof, by any instrument of writing. No particu-
lar form of words is necessary to constitute a valid assignment ; nor
need the instrument be sealed, witnessed, or acknowledged. A
patent will, upon request, issue directly to the assignee, or assignees,
of the entire interest in any invention, or to the inventor and the
assignee jointly, when an undivided part only of the entire interest
has been conveyed. In every case where a patent issues or re-issues
to an assignee, the assignment must be recorded at the patent office
at least five days before the issue of the patent ; and the specification
must be sworn to by the inventor. Every assignment or grant of
an exclusive territorial right must be recorded in the patent office
within three months from the execution thereof; otherwise it will
be void as against any subsequent purchaser or mortgagee for a
valuable consideration without notice : but, if recorded after that
time, it will protect the assignee, or grantee, against any sucli subse-
quent purchaser whose assignment or grant is not then on record.

The receipt of assignments is not generally acknowledged by the
office. They will be recorded in their turn within a few days after
their reception, and then transmitted to persons entitled to them.



580 THE LAW OF PATENTS.

A five-cent stamp is required for each sheet or piece of pape' on
which an assignment may be written.

(106.)

Form of Assignment of the entire Interest in Letters-Patent
before obtaining the same, and to be recorded prepara-
tory tfiereto.

Whereas I, , of , in the County of

and State of , have invented certain new

and useful improvements in ploughs, for which I am about to make application tor
letters-patent of the United States ; and whereas of

, has agreed to purchase from me all the right, title, and interest which
I have, or may have, in and to the said invention, in consequence of the grant of
letters-patent therefor, and has paid to me, the said the sum

of five thousand dollars, the receipt of which is hereby acknowledged : Now this
indenture witnesseth, that, for and in consideration of the said sum to me paid, I
have assigned and transferred, and do hereby assign and transfer, to the said
, the full and exclusive right to all the improvements made by
me, as fully set forth and described in the specification which I have prepared and
executed preparatory to the obtaining of letters-patent therefor. And I do here-
by authorize and request the Commissioner of Patents to issue the said letters-
patent to the said , as the assignee of my whole right and title
thereto, for the sole use and behoof of the said and his legal
representatives.

In testimony whereof, I have hereunto set my hand and affixed my seal this
16th day of February, 1856.

(Signature.) (Seal.)
Sealed and Delivered in Presence of

(197.)

Form of a Grant of a Partial Right in a Patent.

"Whereas I, of in the County of

and State of did obtain letters-patent

of the United States for , which letters-patent

bear date the day of 18 ; and whereas

of is desirous of acquiring an inter-

est therein : Now this indenture witnesseth, that for and in consideration of the
sum of two thousand dollars, to me in hand paid, the receipt of which is hereby
acknowledged, I have granted, sold, and set over, and do hereby grant, sell, and
set over, unto the said all the right, title, and interest which I have



OFFICE FEES, AND HOW PAYABLE. 581

in the said invention, as secured to me by said letters-patent for, to, and in the sev-
eral States of New York, New Jersey, and Pennsylvania, and in no other place
or places ; the same to be held and enjoyed by the said for

his own use and behoof, and for the use and behoof of his legal representatives, to
the full end of the term for which said letters-patent are granted (if it is intended
to grant for any extended term, then add and for the term of any extension
thereof), as fully and entirely as the same would have been held and enjoyed by
me had this grant and sale not been made.

In Testimony Whereof, I hereunto set my hand and affix my seal this
day of 18

(Signature.) (Seal.)
Sealed and Delivered in Presence of



The Office Fees, and how payable.

Nearly all the fees payable to the patent office are positively re-
quired by law to be paid in advance. For the sake of uniformity
and convenience, the remaining fees are required to be paid in the
same manner; that is to say, before the labor is performed for
which they are to be received in payment.

The following is the tariff of fees established by law :

On every application for a design, for three years and six

months . . . $10.00

On every application for a design, for seven years . . 15.00

On every application for a design, for fourteen years . 30.00

On every caveat 10.00

On every application for a patent 15.00

On issuing each original patent 20.00

On filing a disclaimer 10.00

On every application for a reissue 30.00

On every application for a division of a re-issue . . 30.00

On every application for an extension .... 50.00

On the grant of every extension 50.00

On the first appeal from a primary examiner to examiners

in chief 10.00

On appeal to the commissioner from examiners in chief . 20.00

On depositing a trade-mark for registration. . . . 25.00



582 THE LAW OF PATENTS.

On every copy of a patent or other instrument, for every

100 words 10

On every copy of drawing the cost of having it made .

For recording every assignment of 300 words or under . 1.00

For recording every assignment, if over 300 and not over

1,000 words 2.00

For recording every assignment, if over 1,000 words . 3.00

The final fee on issuing a patent must be paid within six months
after the time at which the patent was allowed, and notice thereof
sent to the applicant or his agent. And if the final fee for such
patent be not paid within that time, the patent will be withheld, and
the invention therein described become public property as against
the applicant therefor, unless he shall make a new application there-
for within two years from the date of the allowance of the original



Online LibraryTheophilus ParsonsLaws of business for all the states of the Union : with forms and directions for all transactions. And abstracts of the laws of all the states and territories on the various topics → online text (page 58 of 70)