The Law of Patents for Useful Inventions, Tom 2

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Copies Amendments
25
Caveat not Assignable
26
Application for LettersPatent Made by Whom
27
if Granted such Conformity Presumed
28
Legal Requisites of Application 80
30
its Requisites 81
31
its Averments
33
how far Conclusive
34
LettersPatent not Invalidated by its Omission
35
SECTION V
69
its Two Divisions the Description and the Claim
71
its Object and General Requisites
72
The Description must Disclose the Attributes of the Invention
73
The Description must Disclose the Manner of Making the In vention
75
The Description must Disclose the Mode of Use of the Invention
76
The Description to be Confined to these Three Points
77
The Description is Sufficient if Sufficient for Persons Skilled in the Art
78
The Description Sufficient if Sufficient when Construed with the other Parts of the Application
81
Correctness Defined
82
Completeness Defined
85
Intelligibility Defined
87
Ambiguity when Fatal
89
False Suggestion Fatal 03
93
The Description when the Invention is a Combination
97
The Description when the Invention is an Art
98
The Description when the Invention is a Machine
99
The Description when the Invention is a Manufacture
100
The Description when the Invention is a Composition of Matter
101
The Description when the Invention is a Design
104
The Description when the Invention is an Improvement
105
its Sufficiency a Question of Fact
109
SECTION VL
110
The Claim the Life of the Patent and the Measure of the Patent Privilege
111
its Effect as an Abandonment or otherwise upon the Matter not Claimed
114
its Form and Contents Governed by Strict Rules
115
The Claim must Claim a Practically Operative Means
116
The Claim must Claim a Concrete Art or Instrument
117
The Claim must Indicate the Class of Patentable Inventions to which the Claimed Invention Belongs
118
The Claim must Distinguish the Invention Claimed from all Known Inventions
120
The Claim must Set Forth the Invention Claimed in its Most Perfect Concrete Form
122
The Claim must Correspond with the Description
124
Mfi The Claim no Particular Form Required
127
Technical Phrases
129
The Claim most Dot Claim a Mere Function
131
The Claim must not Claim a Mere Effect
133
The Claim must not be Alternative 184
134
The Claims must not be Unnecessarily Multiplied
135
Joinder of Claims for Different Inventions
137
The Claim Interpreted by Other Parts of the Application 187
139
The Claim for a Combination may be Stated in any Intelligible Form
141
The Claim for a Combination Covers only the Precise Combi nation Claimed
142
The Claim for a Combination may be Joined with Claims for its Elements and SubCombinations
143
its General Requisites
144
its General Requisites
145
its General Requisites
146
its General Requisites
148
The Claim for a Design its General Requisites
149
its Scope
151
The Claim for a Generic Invention may be Joined with a Claim for One Species
152
The Claim when Defective
154
The Claim as Corrected or Allowed in the Patent Office Deter mines the Validity and Scope of the Patent
155
when Required
156
Drawings must Correspond with Specification
157
General Requisites in each Class of Inventions
158
Special Rules Governing their Artistic Perfection
159
its Final Disposition
160
Specimens instead of Drawings or Model Required in Applications covering Compositions of Matter
161
in What it Consists
162
Application once Filed thereafter Known by Date and Number 103
163
Payment of Fees
164
Division of the Appli cation 106
166
Model and Specimens Ordered when Found Necessary
168
Two Questions In volved their Decision
169
Notice and References
170
Insistence and Second Re jection
172
Amendment of Application
174
when Made
179
their Form
180
its Rejection Appeal
181
Matters of Form and of Substance
182
Appeal on Matters of Form to Commissioner
184
Last Action Defined
196
Inaction of Applicant Defined
197
Unavoidable Delay not Unreasonable
198
Abandonment of Application by Express Declaration of the Ap plicant
200
Withdrawal and Substitution of Applications
201
Substituted Applications are Continuations of the Original and Bear its Date
204
Mnndamus
205
Application nfter Forfeiture
207
how Paid Delivery of Patent
209
SECTION X
210
History of Interference Proceedings
211
Interference Proceedings Instituted only between Pending Appli cations or between a Pending Application and an Unexpired Patent
213
Interference Proceedings Instituted only between Conflicting Ap plications or between an Application and a Conflicting Patent
215
Interference Proceedings Instituted only when the Later Applicant Claims Priority of Inventive Act
217
Interference Proceedings Instituted in Nine Special Cases
218
Notice of Interference to the Rival Claimants
220
Examination of Conflicting Applications on their Merits
221
Definition of Issues
222
Preliminary Statements
224
Effect of Failure to File Preliminary Statement
226
Amendment of Preliminary Statement
227
Examination of Preliminary Statements
229
Taking Testimony
230
Rules of Evidence
234
Arguments of Contestants
236
Appeal from Judgment of Priority
239
Dissolution of the Interference
240
Suspension of the Interference
243
Motions Practice
244
Amendment of Application by Disclaim ing Contested Matter
245
drawing Uncontested Matter for New Application
246
Discovery of NonPatentability of the Invention pending the Interference
247
Number Unlimited Consolidation of Interferences
248
Judgment how far Conclusive
249
Estoppel
251
New Trials
252
Parties to Assignees
254
CHAPTER
274
Its Twofold Purpose To Amend Defective Patent
278
Nature and Scope of the Invention which the Inventor Attempted
329
Amendment by Reissue not Permitted unless
382
Examination of the Appli
433
Three Classes of Persons Interested in the Repeal of Letters
457
Proceedings for a Repeal in the Interest of the Public Rest upon
467
Proceedings for a Repeal in the Interest of the Public Necessary
476
SPECIAL RULES
501
CHAPTER V
508
TOO Assignment By whom Made when the Owner is Insolvent 023
523
Assignment To whom Made
525
Its Form and Effect
528
Assignment of Extension
532
Contract to Assign Future Inventions not an Assignment
533
Assignment Before Patent Favored in Law
534
Its Construction
535
Its Implied Warranty of Title 636
536
Assignment of All My Rights in the Patented Invention
537
Assignment Transfers only the Invention Specifically Assigned
538
Its Effect on Foreign Patents
540
Effect of Assignment upon an Extension
541
Single Assignment may Transfer Several Patented Inventions
545
Assignment of Patented Invention Does not Transfer Rights of Action for Past Infringements
546
Express Warranties
547
Record Constructive Notice
549
Record of Unrecordabie Instrument not Constructive Notice
551
Relation of Legal and Equitable Titles Arising from Assignments
552
Assignor Estopped to Deny Validity of Patent or Title of Assignee
555
Reversionary Interests of Assignor
558
when Bound by Prior Acts of Assignors
559
Assignment of Right of Action for Past Infringements
560
Distinguished from Assignment
561
Grants upon Condition
562
Implied Warranties Estoppels
564
Reciprocal Rights and Duties of JointOwners In reference to the Enjoyment of the Patented Invention
566
JointOwners cannot Practise Infringing Inventions
571
Their Relations to Third Parties
573
Joint Grantees
575
SECTION V
582
Consideration Therefor Royalties
609
CHAPTER VI
642
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Popularne fragmenty

Strona 451 - Whenever any patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery, more than he has a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention...
Strona 449 - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...
Strona 551 - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Strona 55 - ... the several modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery.
Strona 508 - The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Strona 54 - ... first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and...
Strona 89 - ... a written description of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same.
Strona 289 - Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer...
Strona 304 - Every independent inventor, every mechanic, every citizen, is affected by such delay, and by the issue of a new patent with a broader and more comprehensive claim. The granting of a reissue for such a purpose, after an unreasonable delay, is clearly an abuse of the power to grant reissues, and may justly be declared illegal and void.
Strona 196 - All applications for patents shall be completed and prepared for examination within two years after the filing of the application, and in default thereof or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned...

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