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Citizens of the British Provinces should state specifically the provinces of which they are citizens, and not merely that they are subjects of the crown of Great Britain. The oath may be taken before any person authorized by law to administer oaths, but a notary public or U. S. Commissioner is preferable. The oath may be taken in a foreign country before any min. ister plen potentiary, chargé d'affaires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the country in which the oath is taken, being attested in all cases by the proper official seal of such notary.
The applicant for a patent is required by law to furnish drawings of his invention when the nature of the case admits of them.
The drawings must be signed by the inventor or by his attorney in fact, and attested by two witnesses, and must show every feature of the invention covered by the claims.
Different views of the whole invention and of its parts may De given in perspective, longitudinal, or cross section, etc., so as clearly to show their construction and mode of operation. If one sheet is insufficient for this purpose, others may be added, the several sheets being distinguished and referred to by numbers. Each part must be distinguished by the same letter or number, wherever it appears in the several drawings.
The rules of the Patent Office require that all drawings be made upon pure white paper of a thickness corresponding to “three sheet Bristol buard," and that they shall be made with the pen, and that India ink only must be used. The size of a sheet on which a drawing is made must be exactly 10 by 15 inches. One inch from its edge a single marginal line is to be drawn, leaving the “sight” precisely 8 by 13 inches.
Within this margin all work and signatures must be included. One of the shorter sides is regarded as the top, and measuring downward from the marginal line a space of not less than 14 inch is to be left blank for the heading of title, name, number, and date.
The signature of the inventor is to be placed at the lower
right hand corner of the sheet, and the signatures of the witnesses at the lower left hand corner, all within the marginal line. The title is to be written in pencil on the back of the sheet. The permanent names and title will be supplied by the office.
Drawings should be rolled for transmission to the office, not folded.
MODEL, A model is no longer required, unless the examiner to whom the case is referred deems it necessary, and of this the applicant will be duly notified.
It must be neatly and substantially made, and of durable material, metal being preferred, and must not exceed one foot in length, breadth, or height. If made of wood, it must be painted or varnished, and the parts must be securely fastened without glue.
Whenever practicable, the name of the inventor should be permanently affixed.
When the invention or discovery consists of a composition of matter, the commissioners may require the applicant to furnish a specimen of the composition and of its ingredients sufficient in quantity for the purpose of experiment.
In all cases where the article is not perishable, a specimen of the composition claimed, put up in proper form to be preserved by the office, must be furnished, if required.
COMPLETION OF THE APPLICATION,
No application is examined, nor is the case placed upon the files for examination, until the preliminary fee is paid, and the specification, with the petition, oath, and drawings (when required), filed. Everything necessary to make the application complete should be deposited in the office at the same time, and the application must be completed within one year after filing the petition.
EXAMINATION. All cases in the Patent Office are arranged in classes, which are taken up for examination in regular rotation; those in the same class being examined and disposed of, as far as practicable, in the order in which the respective applications are completed.
When, however, the invention is deemed of peculiar importance to some branch of the public service, and when, for that reason, the head of some department of the government specially requests immediate action, the case will be taken up out of its order. These, with applications for re-issue, and for inventions for which a foreign patent has been issued, are the only exceptions to the rule above stated in relation to the order of examination.
REJECTIONS. Whenever, on examination, any claim of an application is rejected for any reason whatever, the applicant will be notified thereof, and the reason for such rejection will be fully and precisely stated, and such information and references given as may be useful in judging of the propriety of prosecuting the application or of altering the specification or claims; and if, after receiving such notice, the applicant shall persist in his claim, with or without altering his specification, the case will be re-examined. If, on re-examination, it shall be again rejected, the reasons therefor will be fully and precisely stated.
AMENDMENTS. The applicant has a right to amend his specification or claims before or after the first rejection; and he may amend as often as the examiner presents any new references or reasons for rejection. In so amending the applicant must clearly point out all of the patentable novelty which he thinks the case presents, in view of the state of the art disclosed by the references cited or objections made.
He must also show how the amendments avoid such references or objections.
No alterations or amendments, except of clerical errors, will be allowed after an appeal to the examiner-in-chief, or after the patent has been ordered to issue, unless the same are approved by the examiner in charge.
All amendments of the model, drawings or specifications, must conform to at least one of them as they were at the time of the filing of the application; and all amendments of specifications or claims must be made on separate sheets of paper from the original, and must be filed in the manner above
directed. Even when the amendment consists in striking out a portion of the specification, or other paper, the same course should be observed. No erasures are allowed. The papers must remain forever just as they were when filed, so that a true history of all that has been done in the case may be gathered from them.
The following are forms proper to be observed in such cases:
Form of Amendment of Specification. TO THE COMMISSIONER OF PATENTS.
In the matter of my application for letters patent for an improvement in filed
serial number “I hereby amend my specification by inserting the following words after the word
in the line of the page thereof” (here should follow the words that are to be inserted); or, “I hereby amend my specification by striking out the line of the page thereof;" or, “by striking out the first and fourth clauses of the claim appended thereto;" (or whatever may be the amendment desired by the applicant.) Signed at in the county of
and State of
In each case the exact word to be stricken out or inserted should be clearly described, and the precise point indicated where any insertion is to be made. When more than one alteration is made, a separate paragraph should be devoted to each.
WITHDRAWALS. Although an application be rejected, no money paid thereon, nor for a design, nor for a re-issue, can be withdrawn from the Patent Office by the applicant.
After an application for a patent has been twice rejected by the examiner having it in charge, it may, at the option of the applicant, be brought before the board of examiners-in-chief, on payment of a fee of ten dollars.
For this purpose, a petition in writing must be filed, signed by the party or his authorized agent or attorney, setting forth the points of the decision upon which the appeal is taken.
(247.) Form of Appeal to the Examiner TO THE COMMISSIONER OF PATENTS.
SIR– I hereby appeal to the examiners-in-chief from the decision of the principal examiner in the matter of my application for a patent for an improvement in (here state the subject of the invention) filed rejected a second time on
The following are the points of the decision on which the appeal is taken.
Respectfully, (Place and date of signing.)
The appeal must be submitted to the primary examiner, who will, if he finds it regular in form, furnish the examiners-inchief with a written statement of the grounds of his decision, with copies of the rejected claims and the references applicable thereto. The appellant must, before the day of hearing, file a brief of the authorities and arguments on w.ich he relies to sustain his appeal. If he desires to be heard orally he must so indicate when he files his appeal.
The examiners-in-chief will consider the case as it was when last passed upon by the primary examiner, merely revising his decisions so far as they were adverse to the applicant.
All cases which have been acted on by the board of examinersin-chief may be brought before the commissioner in person, upon a written request to that effect, and upon the payment of the fee of twenty dollars required by law. A decision deliberately made and approved by one commissioner will not be disturbed by his successor. The only remaining remedy will be by appeal in those cases allowed by law to the judges of the Supreme Court of the District of Columbia.
The mode of appeal from the decision of the office to the judges of the Supreme Court of the District of Columbia is by giving written notice thereof to the commissioner, filing in the Patent Office, within thirty days after notice of the decision, reasons of appeal, and paying to him the sum of twenty-five dollars. Printed forms of notice of appeal, of the reasons of appeal, of the petition, and also the rules of practice of the Supreme Court of the District of Columbia respecting appeals, will be forwarded from the Patent Office to any one wishing to make an appeal, on his request.