GENERAL INDEX.

N. B. The references are to the Sections, unless indicated by the abbreviation
p., which refers to the page.

A.

ABANDONMENT OF EXPERIMENTS, 85 – 97.

(See EXPERIMENTS.)

ABANDONMENT OF INVENTION,

before application for letters-patent, 102, 103.

what is described, but not claimed as new, presumptively abandoned, 117.
matter of defence, 381. (See ACTION AT LAW; EQUITY.)

pleadable, by statute, under General Issue, 382.

how shown against patentee, 383 - 385.

how far intention of patentee material, to show, 386-388.

no particular length of time required to show, 385.

not shown by mere public experiment on part of patentee, 389.

use for purposes of gain must be shown, 389.

even a profitable public experiment not necessarily an, 389.

piratical user by parties to whom patentee has intrusted his knowledge,
no, 391.

how affected by special statutory provision, 392 - 395.

public use by inventor within two years preceding grant of letters-patent,
no, 393, 394.

by filing an imperfect specification, 395 a.

after grant of letters-patent, 440. (See EQUITY.)

generally ordered, where patentee sent to law, 426.
ACTION AT LAW,

action on the case, a remedy for infringement, 344.
one suit for repeated infringements, 353.

PARTIES by whom brought, 345.

when in name of grantee, 346.

when by patentee in behalf of licensee, 346.

when by assignee alone, 347.

when by patentee and assignee jointly, 347.

discrepancy between English and American decisions, 347.

in name of patentee, where only an agreement to assign, 347.
against whom brought, 346.

ACTION AT LAW, Continued.

against one joint-owner by the other (see 405 a), 346.

against a corporation, 347.

against a covenantee, by administrator under an extension, 348.
DECLARATION in, must show title in plaintiff, 349.

must aver plaintiff to be "the original and first inventor," 350.

must aver patent to be "new and useful," not known or used before
plaintiff's invention, &c., 350.

need not aver the specific time when invention was made, 350.

need not set forth the description as given in the specification, 352.

must aver citizenship, quære, 351.

must aver that letters-patent were obtained in due form, 351.
but need not set forth all the steps, 351.

must aver value of patent right, 353.

breach by defendant and damages to plaintiff, 353.

need not set forth the particular acts complained of as infringing, 353.
should set forth the substance of the invention, 352.

must make profert of the letters-patent, 352.

must show breach before action brought, 353.

not demurrable, if commencing in trespass and concluding in debt, 353.
by assignee, must allege patentee's title, his own, and due recording of
assignment, 354.

omission to allege recording of assignment, when cured by verdict,

354.

PLEADINGS AND DEFENCES, statutory provisions for, 356 - 358.
under General Issue without Notice,

defendant may show that he does not infringe, 360.

that he acts under license from patentee, 360.

that plaintiff is an alien and not entitled to patent, 360.

that he has no good title as assignee, 360.

that letters-patent were not duly issued, 360.

that the invention is not patentable, 361.

that the specification is not intelligible as to the invention, 363.

that patentee had direct knowledge of foreign invention (?), 372.
under General Issue with Notice,

defendant may show fraudulent concealment or addition in specifi-
cation, 365 368.

want of novelty, 369 - 380 a.

prior dedication to the public, 381 – 395.

that patent was surreptitiously obtained, 396, 397.

that the patentee (being an alien) has neglected to put his inven-
tion in public use, 398.

apart from General Issue defendant may plead specially a surrender
of the patent since suit begun, 399.

ADDITIONS,

to patented inventions, now applied for by independent patents, 280.
ADMINISTRATORS AND EXECUTORS,

have same right to apply for and hold a patent that the inventor had, 177.
may amend or surrender specification, 286, 287.

may take out patent in U. S., p. 564, § 8; p. 577, § 6 ; p. 580, § 3 ; p. 588, § 11.
may file caveat, p. 566, § 12; p. 587, §§ 9, 10.

ALTERATION,

very slight, but productive of beneficial result, subject of a patent, 11.
(See AMENDMENT.)

of SPECIFICATION.

AMBIGUITY,

in description of the invention, is fatal, 234.

of claim, distinguishable from want of clear and sufficient description, 235.
produced by introduction of things unnecessary, 236.

produced by misuse of terms, 238.

AMENDED PATENT,

presumed to be for same invention as the original, 281.

cannot cover a substantially different invention, 281.
agreement to convey gives an equitable title, 284.

relates back to commencement of original term, 284.
enures to benefit of prior assignee, 284.

AMENDMENT,

(See also DISCLAIMER.)

of specification, by disclaimer, 266, 267.

by surrender and reissue, 279, 280.

right of, does not authorize surrender of valid patents for fraudulent pur-
poses, 281.

may give an invalid patent validity, 281.

right of, applies to extended patents, 281, 285.

right of, gives patentee the power to retain whatever he deems proper, 283.
ANALOGOUS USE. (See APPLICATION; DOUBLE USE.)

who may be, for letters-patent, p. 562, § 6 ; p. 564, § 8 ; p. 577, § 6 ; p. 588,
§ 11.

APPLICATION,

ᎪᎡᎢ,

(See also PRINCIPLE.)

for letters-patent, in form of petition, 271.

verified by oath, 272, 273.

if granted, valid, although not verified, 274.

abandoned unless completed within two years, p. 588, § 12.

analogous, what is, 66.

not analogous, where a new result is attained by discovery of a new prop-
erty of matter, 67-69, 79.

new, of an old process, held patentable, 10.

analogous, of well-known machinery, not patentable, 49, 55, et seq.

definition of, as used in American statutes, 9.
advantage of using the term in patent acts, 12.
patented, how infringed, 304.

rights of, unaffected by a reissue, 197.

entitled to benefit of disclaimer, 210.

rights of, under extension or renewal, 206–209.

rights of, where the term is extended by special enactment, 206.
ASSIGNMENT,

before letters-patent are obtained, 168.

confers an inchoate right, 169.

of an incomplete invention, only valid as a contract, 170.
legal formalities of, 171.

whether a particular instrument amounts to, 172, 173.

after letters-patent are obtained, regulated by statute, 178.
legal formalities of, 180.

various kinds of, 181.

distinction between, and license, 181.

recording clause interpreted, 181-183.

unrecorded, good except against purchaser for value and in good faith, 183.
in general,

implies no warranty of title, 184.

effect of recording a contract to convey inventions not in esse, 183, note.
of part of a patent, constitutes joint ownership but not per se partnership,

186.

agreement to convey interest in a future term not yet obtained, no, 195.
effect of agreement to assign, 194.

presumption, that nothing but present term assigned, 208, 209.

of exclusive rights within certain limits, what rights conferred by, 297.
by operation of law, e. g. bankruptcy, 174, 175.

BANKRUPTCY,

B.

effect of, on an invention complete but not patented, 175.

whether creditors have the right to use bankrupt's patent, or merely to

for incomplete invention, 270.

not conclusive evidence of incompleteness of invention, 270.

produced by omitting a step in the process or an ingredient, 79–81.
simply of form or proportions, no invention, 39, 44.

a mere colorable, not patentable, 33.