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new and original design for the printing of woolen, 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 fee prescribed by law, and other due proceedings had the same as in cases of inventions or discoveries, obtain a patent therefor."
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.
The fee for a design patent for three and one-half years is ten dollars, for one for seven years fifteen dollars, and for fourteen years thirty dollars, payable in each case when the application is filed.
In all other cases in which fees are required the same rates are charged as in the case of patents for inventions or discov. eries.
The proceedings on applications for patents for designs ara substantially the same as in those for inventions or discoveries
The specification must distinctly point out the characteristic features of the design and carefully distinguish between what is old and what is claimed to be new.
The design must be represented by a drawing made to conform to the rules laid down for drawings of mechanical inventions.
(251.) Form of Application for Patents for Designs. TO THE COMMISSIONER OF PATENTS:
Your petitioner, A. B., a citizen of the United States, residing at L., in the County of M. and State of N. (or subject, etc.), whose post-office address is
prays that letters patent may be granted to him for the term of years for the new and original design for
set forth in the annexed specification. Signed at in the county of and State of this
day of 19
A. B. (252.) Form of Specification for Desigas. TO ALL WHOM IT MAY CONCERN:
Be it known that I, A. B., a citizen of the United States, (or subject etc.) residing at L, in the County of M. and State of N., have invented a new, original and ornamental design for watch cases or lockets, of which the following is a specification, reference being had to the accompanying drawing forming part thereof.
Figure 1 is a sectional view of my newly designed case, Fig. 2 a side elevation of the same, and Fig. 3 an edge view, these three views being deemed necessary to fully illustrate my design.
Heretofore watch cases and lockets have been made which presented when viewed in elevation as in Fig. 2, a scalloped outline or periphery, some being made to imitate shells. In these the scallops extend entirely across from lid to lid, and in a watch case the center which holds the movements is also scalloped to correspond.
The leading feature of my design consists in a raised or "struck up” scalloped surface, the outlines of which, when viewed in elevation, as in Fig. 2, will fall entirely within the circular outline or circumference of the center.
A is the center of the case, which is circular in its general contour and B B are the lids. These are also circular in their outer contour where they join the center, but have scallops, C C C, formed upon them substantially as represented in the several figures. The indented outline of the scalloped surface falls within the outer contour line of the case, thus presenting to the eye the combined effect of a smooth circular outline or center and an indented or scalloped outline within it.
The design for a watch case or locket herein shown and described, the same consisting of the raised scallops, C C C, on the lid, forming an indented outline wholly within the circular outline of the edge of the lid and the the center A.
A. B. Witnesses:
The form of oath to accompany the petition is substantially the same as that used in cases of patents for inventions, substituting the word “ design ” for “ improvement,” and “ four months” for “twelve."
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 by a person otherwise entitled thereto unless the application for such foreign patent was filed more than twelve months, or in cases of designs four months, prior to the filing of the application in this country, in which case no patent will be granted.
An application for a patent in this country by any person who has previously filed an application for the same invention in a foreign country which affords similar privileges to citizens of the United States will have the same force and effect as the same application would have if filed in this country on the date of first filing of such foreign application provided the application here is filed within twelve months, or in case of designs four months, from the date of such foreign application, and provided also that the invention has not been in public use or on sale in this country or been described in a printed publication for more than two years prior to the filing of the application in this country. When application is made for a patent for an invention which has been already 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 in public use or on sale in the United States for more than two years prior to the application. An applicant who has obtained a foreign patent or patents, should state in what country or countries such patents have been obtained, and the dates and numbers thereof. The reason of this is, that the statute provides that the patent granted in this country shall expire with the foreign patent, or, if there be more than one, at the same time with that having the shortest unexpired term; and in no case can it be in force more than seventeen years.
CAVEATS. The provisions for caveats in the earlier statutes were repealed by the Act of June 25, 1910.
ABANDONED AND FORFEITED APPLICATIONS. If the applicant for a patent fails to complete his application within one year after filing his petition, or if for one year after the mailing from the office of notice of any official action on his application he has failed to prosecute the application it will be held to be abandoned, but it may be renewed, on showing to the satisfaction of the Commissioner that the delay was unavoidable, by filing a new petition, application, oath, drawing and fee. The old model may be used.
When the patent after allowance has been withheld by reason of non-payment of the final fee it is held to be forfeited, but a renewal of the application may be made at any time within two years after the allowance of the original application by any person interested in the invention. In such renewal the original oath, petition, specification, drawing and model may be used, but a new fee will be required. The second application must bear date from the time of renewal, and is subject to re-examination like an original application.
MARKING PATENTED ARTICLES. The statute provides that " it shall be the duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented; either by fixing thereon the word 'patented' together with the day and year the patent was granted; or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is enclosed, a label containing the like notice; and in any suit for infringement by the party failing so to mark, no damages shall be recovered by the plaintiff except upon proof that the defendant was duly notified of the infringement, and continued after such notice to make use, or vend the article so patented."
ASSIGNMENTS AND GRANTS. A patent may be assigned, either as to the whole interest or any undivided part thereof, by an instrument of writing. No particular form of words is necessary to constitute a valid assignment; nor need the instrument be sealed, witnessed, or acknowledged. It is advisable, however, that every assignment be acknowledged before a notary public or other proper officer as the certificate of the latter under his hand and seal is prima facie evidence of the execution of the instrument. 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 reissues to an assignee, the assignment must be recorded at the Patent Office at a date not later than that on which the final fee is paid; and the specification must be sworn to by the inventor. The patentee may also grant rights under the patent to be exercised by the grantee only within a specified territory. Every assignment and every 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 such subsequent purchaser whose assignment or grant is not then on record.
The receipt of assignments is 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.