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William C Linton.

The inventor's adviser, and manufacturer's handbook to patents, trade-marks, designs, copyrights, prints and labels online

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HINTS TO CORRESPONDENTS



1. Act promptly in nil mat tors pertaining to patents or inventions.

> Whenever you write, no matter how often, please give your address, and
enclose -tamp for reply. Always write your name plainly, and be sure to give
your first name in full. Always address your letters to the firm name, and not to any
individual.

15 Whenever you write, refer to your former business or correspondence with
me and if you are writing in the interest of some inventor, give his name and fur-
nish proper authority from him. (ioncrally I would remember you, but such a
reminder might help me in the identification.

Whenever you have a grievance, that is. when you think I have not treated
you fairly, do not hesitate to write and explain it.

.-> Remember that all business is strictly confidential, and that I cannot tell
one client about another client's business without written authority from the latter.
Tint I do not return fees paid for work done, nor guarantee the results of ;
or the grant of your patent and I do not buy or sell patents, but act only as your
agent or attorney in all matters submitted.

tfl soon as the case is filed in the Patent Office, the applicant is pro-
against the grant, without his knowledge, of a patent for the same thing to another
person.

7 Citizens foreigners, women, minors and the administrators of estates of

may obtain patents. There is no distinction in charges as to
the nativity of pei-

8 It is not necessary to work a United States Patent, within any specified
period in order to maintain its validity. The patent is granted for s,

yeare and remains valid for that period, whether it is worked or allowed to Bleep.
'The seventeen year's term of a patent, cannot be extended except by special act ot

Cong]

i Two or more persons may apply jointly for a patent if they are joint in-
ventors Where one pel son is the inventor and the other only a partner, the patent
must be applied for in the name of the inventor; but he may secure his partner in
advance bv executing a deed of conveyance, so drawn that the patentwill b.
in both names I prepare such deeds. Cost, with recording fee. 15.00 in ordinary






Id Postage and oxprossage must be prepaid, unless the inventor is unable to
get the exact rate from his express agent, and in such case be should always send
me a remittance to cover any possible charge.

11 Inventors should never destroy models and sketches made during the
development of their inventions. They become of prime importance in case in-
terference controversies should arise. Fix the date on them. It is always well to
have evidence to establish the date of conception of invention. A good plan is to
have a photograph of yourself taken with the model and preserve the date.

!> Positively no new matter can be introduced into an application after it is
once regularly filed. The Patent Office will not permit amendments of this char-
acter to be incorporated at any stage of proceedings.

13 When you first send a model or drawing of your invention, please explain
fullv not only what you claim as your improvement, but also the construction,
operation and" use of the invention, so that your business will not be delayed by
eorresp- king further information.

14 If my clients will carefully read this pamphlet they will not have to take
the time to w'rite me for information, and I will not have to repeat in a letter what

:,,rth plainly in the pamphlet. The enclosure of this pamphlet, with a para-
graph marked, may be considered a respectful answer to such letters.

PLEASE READ CAREFULLY



LJUBKAKY
UNIVERSITY OF CALIFORNIA
LOS ANGELES



S3733W SOI



Page 1



All Former Circulars Withdrawn June 1921

The

Inventor's Adviser



AND



MANUFACTURER'S HAND-
BOOK TO PATENTS, TRADE-MARKS,
DESIGNS, COPYRIGHTS, PRINTS
AND LABELS



WILLIAM C. LINTON

Successor to

Marion & Marion

Established 1892

Graduate Mechanical Engineer,
Bachelor of Laws, Master of Patent Laws

Registered U. S. Patent Attorney

Member Chartered Institute of Patent Agents, London

Societe des Ingenieurs Civils de France.

Chicago Patent Law Association.



OFFICES



364 University St.
MONTREAL



CANADA



918 F St. N. W.

WASHINGTON

D. c.



Copyright by William C. Linton 1921



Page 2



BUSINESS
BY CORRESPONDENCE



One of the rules of practice is to the effect that
personal attendance at the Patent Office is unnecessary,
and that the business should be transacted in writing.

This method has proven satisfactory. Similarly I
have succeeded as well, with those clients living at a
distance, by correspondence, as with those who call at
my office. My experience in writing thousands of
letters and reports to inventors enables me to keep
the inventors posted in a lucid manner concerning the
progress of his cases before the Patent Office, and to
ask definite questions relatively to any points not
thoroughly understood. Also the greatest details in the
way of instructions are submitted to the client con-
cerning the signing of papers or the presentation of
arguments, specifications, agreements, and assignments.

An advantage not to be overlooked in a cor-
respondence system is that the same acts as a legal
record, so that in the event of any one's contesting
the rights of the inventor, the early letters, descriptions,
etc., serve as valuable evidence of the date when the
inventor began to correspond about obtaining a patent,
and may be used as an



" EVIDENCE OF CONCEPTION "

of your invention. Therefore, have signed, dated and
witnessed any drawings or descriptions disclosing
your invention.



OK Page 3.



BRIEF INSTRUCTIONS IN ORDER TO
OBTAIN A PATENT



First: Send to my offices a disclosure of your invention for preliminary
search of the Patent Office records. Cost $10.

A disclosure may consist of sketches or diagrams and a description of
the invention. A model is desirable, but not necessary.

Immediately upon the receipt of the disclosure, I will make the preli-
minary examination and render my opinion concerning the invention's
patentability and the exact fee required for preparing and filing the appli-
cation in the Patent Office.

A search is not compulsory, and if you know your invention is new
you can instruct me to immediately prepare the application for patent,
thereby saving time and cost of search.

Second: If the invention is patentable. then remit to me the usual advance
fee of S30 in ordinary cases and I will prepare the complete application papers
and drawings which are sent to you for your approval and signature before
filing in the Patent Office.

Third: After you have approved your application papers you should then
return the same to me with the balance of the fees amounting to $45 in ordinary
. and the application will be placed on file in the Patent Office whicli will
send to you a receipt to that effect.

Fourth: If no opposition is raised by the Patent Office during the exami-
nation and if the invention is found allowable, the final government fee of
$20 must be paid in the Patent Oflice within six months from the date of the
allowance.

Fifth: Within about four weeks from the date of the payment of this
final government fee into the Patent Office, the official Letters Patent will be
issued.

My minimum fee of S7.5 for preparing and filing an application for
patent includes the government filing fee of $1"), one slice I of Patent Oflice
drawings and my attorney fee. II the invention is complicated and addi-
tional drawings are required extra charges will be made and you will be
advisi'd as to the complete cost of your application before starting any
work. This minimum fee of .ST.") does not include any oppositions, interfer-
ences or appeals that are likely to arise during the prosecution of the
application for patent, nor does it include the final government fee.



Page 4



BRIEF INSTRUCTIONS IN ORDER TO
OBTAIN A TRADE-MARK



First: A trade-mark must be in use before registration will be granted.
Facsimiles or specimens of the trade-mark as it is actually applied to the goods
should be sent to my offices for a preliminary examination of the trade-mark
records to ascertain as to whether or not a similar trade-mark has been
previously granted, and as to whether it will interfere with any existing
trade-mark. Cost $10.

Second: If the trade-mark is found registerable, you must supply me with
at least seven facsimiles or specimens showing the trade-mark as it is actually
applied to the goods togeth er with the usual advance fee of $30. Also inform
me how you came into possession of this trade-mark, the date of its first use,
the goods upon which it is to be applied, how it is applied to the goods, the
complete name and address of the proprietor. If the proprietor of the trade-
mark is a company, I must be informed of the complete names of the members
of the company; if it is a corporation, I must be informed under the laws of
which state it was incorporated and the name and the position with respect
to the corporation of the official who is to sign the declaration.

Third: Upon having this information, the complete application papers
and drawings will be prepared and sent to you for your approval and signature,
and they must be returned to my offices with the balance of my attorney fee
amounting to $20 for filing in the Patent Office.

If the trade-mark is found registerable, it will be published in the
official Patent Office gazette and if no opposition is raised within thirty
days after its publication, the official certificate of registration will be
issued.

Under the trade-mark act of March 1920, any trade mark or name not
previously established in the trade by another individual or concern may
be registered in the Patent Office, notwithstanding the fact that the trade-
mark or name may be descriptive, geographical or a proper name.



Page 5

WILLIAM C. LINTON

(Registered)
MINIMUM SCHEDULE OF CHARGES

UNITED STATES

Search as to the novelty of an invention.. . . $10.00 see page 16

Preparing and filing patent application. . . . 75.00 " 25-29-76

Design patent '3^ years 35.00 " 49

Design patent 7 years 40.00 " 49

Design patent 14 years 55.00 49

Trade-mark 50.00 " 46

Copyright 10.00 " 51

Opposition: Replying to Examiner's Objec-
tions usually 30.00 38

Appeal to the Board of Examiners-in-Chief . 60.00 33

Appeal to the Commissioner 75.00 33

Assignment 5.00 " 37

Advance fee for each application 30.00 " 26

CANADA

Search as to the novelty of an invention.. . . $10.00 see page 16

Mechanical patent (machines, etc.) 70.00 " 25-33

Patent for composition 75.00 45

Caveat 25. 00 " 36

Design patent 30.00 " 50

Trade-Mark $45 and 50.00 " 48

Copyright 10.00 " 50

Extension of time to commence manufacture. 35.00 35

Extension of time to import 35.00 36

Assignment of patent 5 . 00 37

Opposition: Replying to Examiner's Objec-
tions usually 30.00 38

Advance fee for each application 30.00 26

PATENTS IN FOREIGN COUNTRIES
See price list on pages 76-80

N. B. Latter subject to change without notice.

THE COMPLETE COST OF ANY WORK CAN BE ESTIMATED IN
ADVANCE



INTRODUCTION



ABOUT thirty years ago, the firm of Marion &
Marion came into existence having offices lo-
cated at Washington, D.C., United States, and
Montreal, Canada. The members of this firm obtained
a world wide reputation by representing clients resid-
ing in almost every country on the globe, and have ob-
tained many thousands of patents.

Being a member of this firm, I have, since the
death of all of my other partners, carried on the
business under my own name, and have been represent-
ing all clients in the same prompt and efficient manner.

Being a graduate mechanical engineer, as well
as a graduate of law, I am competent to handle al!
classes of inventions, and have a competent staff of
assistants, including graduate mechanical engineers,
electrical engineers and chemical engineers, as well as
an efficient draughting department with a chief
draughtsman who has been associated with the firm
for the past twenty-four years.



n



QUALIFICATIONS

OF

PATENT SOLICITORS or ATTORNEYS



The wise man of the parable digs deep and builds his house upon a rock.
On what sort of a foundation does the manufacturer of a patented article erect
his industry ?

The builder for the patentee is the solicitor of patents. Upon the intelli-
gence and care with which the solicitor draws his description and claims depends
tlie stability and effectiveness of the patent. In an oft-quoted sentence no les-
an authority that the United States Supreme Court has recognized the high
quality of skill required in the drafting of patent claims. The ideal patent
solicitor should be artisan, engineer, scientist, lawyer, philosopher and prophet
nothing less.

In England, a patent agent is obliged to qualify to rigid standards. In the
United States the standards admitting to registration are more easily attained,
but the Canadian Patent Office does not keep a registration of attorneys.

No person can practice before the United States 1'atent Office as an attor-
ney unless he is so registered before that Office, and to become an attorney en-
titled to practice before the Patent Office he must prove to the Commissioner of
Patents that he is fully competent to act in that capacity. Therefore, an onlinay
attorney or lawyer cannot practice before that United States Patent Office,
unless lie has qualified to become a registered attorney.

The Commissioner of Patents has complete jurisdiction over registered
patent attorneys to see that they properly represent applicants when applying
for patents, therefore should a registered patent attorney misrepresent you, he
would be liable for disbarment from practice before the United States Patent
Office.

At the present time you can reasonably feel sure to entrust your invention
with most any registered patent attorney, as no attorney would knowingly
misrepresent you, as if lie did he would be compelled to give up his practice
which required a number of years of study to qualify as a registered attorney to
practice before the United States Patent Office.

Having qualified in the capacity of a registered attorney. I was so registered
before the United States Patent Office, in August loll, under registration
number 10,10') and being a member of the Chartered Institute of Patent A
of London. Hngland, I feel competent to represent applicants desiring to obtain
patents. However, too n : nnot be taken when selecting your attorney

:IN if he should fail to give your application for patent the required and proper
attention, the patent after it has been granted may not fully protect an in\en-



WILLIAM C. LINTON



tion. In this respect. I beg to call your attention to a report of a former Com-
missioner of Patents, in which he says:

"As the value of patents depends largely upon the careful preparation of
the specification and claims, the assistance of competent counsel will be an
advantage to the applicant; but the value of their service will be proportioned
to their skill and honesty. So many persons have entered this profession of late
years without experience that too much care cannot be exercised in the selection
of a competent man."

The inventor's need of an experienced patent lawyer is emphasized by the
following statement of the Supreme Court of the United States in the case of
Topliff vs. Topliff:

" The specification and claims of a patent, particularly if the invention be
at all complicated, constitute one of the most difficult legal instruments to draw
with accuracy, and in view of the fact that valuable inventions are often placed
in the hands of inexperienced persons to prepare such specifications and claims,
it is no matter of surprise that the latter frequently fail to describe with requisite
certainty the exact invention of the patentee, and err either in claiming that
which the patentee has not in fact invented or in committing some element
which was a valuable or essential part of his actual invention."

Probably the best advice ever given inexperienced inventors is that of Dr.
Robert Grimshaw, the well known writer on technical subjects, who said in his
" Hints to Inventors ":

" In getting your invention patented avoid as the devil does holy
water, ' the no patent, no pay ' solicitor and those who offer to get you full
protection for about one-half the regular fee. The first are like quack doc-
tors; the second like shoddy dealers. Get your patent through some reput-
able solicitor who will charge a good living price and give you something
through which the next comer cannot drive a circus wagon, band and all."
Don't spend any money on your invention unless it is really worth some-
thing; but if it is valuable, select an attorney who has the skill and experienc
to render you really expert service and who will expect you to pay him a fair fee

The United States Patent Office, Art. 17 of the Rules of Practice, says:
"Applicants are advised, unless perfectly familiar with patent matters, to
employ a competent attorney, as the value of patents depends in a great
measure upon the skillful preparation of the specification and of the invention.'

The Canadian Patent Office makes the same recommendation to inventors,
in the following terms:

" It is desirable, both in the interests of the applicant and of the public
service, that the documents and drawings should be prepared by competent
persons."



MONTREAL AND WASHINGTON



MY OFFICES

I manage offices both at Montreal, and Washington. My Montreal
office is located in the metropolis of Canada, and occupies the second floor
of the Merchants Bank Building, located at the corner of University and St.
Catherine Streets. By having a Canadian office, I am in a better position to
look after the interests of my clients who reside outside of the Dominion of
Canada. The Patent Office is located at Ottawa, but I frequently visit the
Patent Office and, therefore, I am in a position to take up any matters in
person with the Examiner of the Patent Office, if such matters need personal
attention.

My Washington office is located in The National Union Building, 918 F
Street, Northwest, which is within five hundred feet from the United States
Patent Office.

PATENT LIBRARY

I have the largest and most complete private patent library in the
Dominion, including complete sets of the United States and Canadian Patent
Office reports; of the Commissioners' and United States Court Decisions; the
Exchequer Court Reports; the " Recueil General " of the International Union
for the Protection of Industrial Property; and an extensive collection of liter-
ature on Foreign Patent and Trade Mark Law and Practice; the principal
encyclopedia!*, dictionaries and other works of reference; together with an
assortment of technical and engineering literature in various branches of
industrial art.

I subscribe to a number of technical and scientific periodicals, current files
of which will be found in the library.

I particularly invite all who may have occasion to do so to make use of
my library and other facilities to the full extent of their needs.

My Washington office, in close proximity to the United States Patent
Office, is always open for the use of my clients who deem it expedient to visit the
Capital, thinking, naturally, that they can by their presence facilitate the
granting of their patent. While I gladly receive inventors at my office, I must
candidly state that the business would be equally as well attended to, were
the inventor in New Zealand as in Washington.

THE ADVANTAGE OF HAVING A WASHINGTON OFFICE

Other things being equal, the inventor should select an attorney who has
an office in Washington, where the entire patent business of the United States
Government is exclusively carried on. And this for many reasons. All the public
records and prior patents are open for his inspection and can be examined with-
out the delays incident to correspondence. He does not have to depend upon
the service of agents. And, above all, he enjoys a personal acquaintance with
the various Examiners of the Patent Office, and can have daily interviews with



10 . WILLIAM C. LIXTOX

them if necessary. The importance of .these interviews cannot be over-esti-
mated. When an attorney is interviewing an examiner he can make him see
the merit in an invention, if it has any merit at all. More can then be accom-
plished in this way in five minutes than by months of correspondence and
volumes of written argument.

GOING TO OTTAWA OR WASHINGTON

Some inventors suppose, very naturally, that if personally present in the
Patent Office, they can net their cases through more expeditiously, or command
other important facilities. This is not so. The Patent Office does not prepare
patent papers, or make models. These must be provided by the applicant or
his attorney, according to law; otherwise, his case will not be considered.

THE NATURE AND POLICY OF PATENTS

It is a well recognized principle that some suitable reward should be given
to the person or persons who produce new inventions, such as improved articles
of manufacture, or improvements in detail which increase the efficiency of such
articles, machines and processes as are already known. It is also understood
that the author, artist and designer should be recognized and rewarded for their
contributions to the intellectual advancement of the general public.

To adjust the reward in order that the value of each contribution of this
nature may be recognized in the proportion of its value to the public, some
system of control must be devised which will be so flexible as to automatically
regulate itself to all cases as they arise.

The patent laws provide a monopoly for a term of years, during which no
one but the inventor or those authorized by him may manufacture, use. or sell
any new invention which has been patented in accordance with the terms of the
statutes provided for that purpose.

INVENTOR'S MONOPOLY

If all were free to take advantage of new inventions, without paying for
their use, there would be no inducement for many inventors to produce such
inventions, but. with a certainty of pecuniary profit, there is great incentive to
perfect crude machines and processes whereby better results are obtained.

When an inventor has perfected his invention, and has procured Letters
Patent therefor, he is assured of an absolute monopoly for the whole term of
his patent, during all of which term he may manufacture his invention and sell
the same at such advance in price as will enable him to collect from the public
in cash a full recognition of the value of his invention.

If an invention possesses great merit, it is evident that the selling price of
the patented article may be increased, or, a greater number of such articles will
be sold. As no one but the inventor, or those specially authorized by him, may



MONTREAL AND WASHINGTON



manufacture, use, or sell a patented article, the entire revenue derived from the
sale, or use, of such articles must necessarily be paid to the inventor.

Hence the inventor's reward is automatically adjusted by the extent of the
public appreciation of his invention. Great inventions receive general public
encouragement, while lesser inventions are rewarded in corresponding degree.

REASON FOK PATENT MONOPOLY

As monopolies are generally considered to be antagonistic to the public
welfare, some strong reason must appear to induce the general government to
grant, even for a limited term, a monopoly of anything of public utility.

Nothing but a desire to improve the condition of the general public would
be a sufficient inducement for the granting of the limited monopoly of the
patent system.

The demands of trade and manufacture tend toward the production of more
ix-rfect machinery and improved processes of manufacture.

The keen competition of modern commerce causes the merchant and the
buyer to closely scrutinize and quickly discriminate between articles of dif-
ferent degrees of merit.

The manufacturer is alert to secure the privilege of producing what the
public demands, and the buyers are equally anxious to purchase such goods as
will best serve their purpose.

If all were free to manufacture an article or practice a process as sooji as it
became known, it is evident that only the uncertain glory resulting from public
appreciation would be the inventor's reward, and no financial profit would fol-
low as a reward for the benefits he lias contributed to mankind.

At this point the well-considered patent law becomes available as a pro-


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Online LibraryWilliam C LintonThe inventor's adviser, and manufacturer's handbook to patents, trade-marks, designs, copyrights, prints and labels → online text (page 1 of 8)