Woolworth Bldg., Hudson Terminal Bldg., City Investing Bldg., Singer Bldg., Bankers' Trust Bldg., Whitehall Bldg.,

CHAPTER XIII.

PATENTS, TRADE-MARKS, AND

COPYRIGHTS.*

Revised by Loyd H. Sutton, of the United States Patent Office:

GENERAL INFORMATION REGARDING PATENTS.

WHAT IS A PATENT?-The term patent or letters patent is derived from litterae patentes, signifying that which is open or disclosed, in contradistinction to lettre de cachet, that which is sealed or secret. This term is the keynote of the whole principle upon which the patent system is built up, namely, disclosure. The disclosure must be honest, absolute and unreserved. The penalty for mental crookedness or for ignorance in giving out fully and freely the nature of the invention is severe and direct, and is nothing less than forfeiture of the patent itself. The reason for this is perfectly logical and arises from the very meaning, spirit and nature of the relationship existing between the patentee and the government. The term

comes public property, and the article may be freely manufactured by any one. It can never thereafter, as in so many cases in the Middle Ages, become a lost art.

WHO MAY OBTAIN A PATENT?-In order to secure a valid patent, the applicant must declare upon oath that he believes himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; that the invention has not been in public use or on sale in the United States for more than two years before the application was filed, and not described in any printed publication or patent in this of a patent is 17 years. During this or any foreign country for more than term of 17 years the patentee obtains two years prior to the filing of his a monopoly under which he secures ex- application; and that the invention clusive right of manufacture, use and has not been patented to himself or sale. The patent itself, however, is in to others with his knowledge or conthe nature of a contract between the sent in this or any foreign country patentee and the government, presum- for more than two years prior to his ably for their mutual benefit. The application, or on an application for government grants to the inventor the a patent filed in any foreign country exclusive right of manufacture and by himself or his legal representatives sale for 17 years on condition that the or assigns more than twelve months inventor shall disclose fully the nature prior to his application. Any one of his invention or discovery, and shall who can subscribe to the above condiallow the public the unrestricted use tions may apply for a patent, irreof the invention after this term has spective of race, color, age or nationexpired. If he fail in making full dis- ality. Minors and women and even closure, he has not lived up to the convicts may apply for patents under terms of the implied contract and the our law. The rights even of a dead patent thereby becomes null and void. man in an invention are not lost, for It sometimes happens that an inventor an application may be filed in his discloses freely part of the invention, name by his executor or administrator, but cunningly conceals some essential and the rights of his heirs thereby step in the process, but if the case is safeguarded. The patent in this case tested within the courts and the real would issue to the executor or adfacts are brought to light, the patent ministrator and would become subject will be declared invalid. At the end to the administration of the estate like of the term of 17 years the patent be- any other property left by the de* Compiled originally for Munn & Co., Patent Attorneys.