GENERAL INDEX. N. B. The references are to the Sections, unless indicated by the abbreviation 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. 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, how affected by special statutory provision, 392 - 395. public use by inventor within two years preceding grant of letters-patent, by filing an imperfect specification, 395 a. after grant of letters-patent, 440. (See EQUITY.) generally ordered, where patentee sent to law, 426. action on the case, a remedy for infringement, 344. 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. 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. must aver plaintiff to be "the original and first inventor," 350. must aver patent to be "new and useful," not known or used before 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. 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. 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. omission to allege recording of assignment, when cured by verdict, 354. PLEADINGS AND DEFENCES, statutory provisions for, 356 - 358. 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. defendant may show fraudulent concealment or addition in specifi- 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- apart from General Issue defendant may plead specially a surrender ADDITIONS, to patented inventions, now applied for by independent patents, 280. have same right to apply for and hold a patent that the inventor had, 177. may take out patent in U. S., p. 564, § 8; p. 577, § 6 ; p. 580, § 3 ; p. 588, § 11. ALTERATION, very slight, but productive of beneficial result, subject of a patent, 11. of SPECIFICATION. AMBIGUITY, in description of the invention, is fatal, 234. of claim, distinguishable from want of clear and sufficient description, 235. 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. relates back to commencement of original term, 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- 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. who may be, for letters-patent, p. 562, § 6 ; p. 564, § 8 ; p. 577, § 6 ; p. 588, 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- 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. 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. before letters-patent are obtained, 168. confers an inchoate right, 169. of an incomplete invention, only valid as a contract, 170. whether a particular instrument amounts to, 172, 173. after letters-patent are obtained, regulated by statute, 178. 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. implies no warranty of title, 184. effect of recording a contract to convey inventions not in esse, 183, note. 186. agreement to convey interest in a future term not yet obtained, no, 195. presumption, that nothing but present term assigned, 208, 209. of exclusive rights within certain limits, what rights conferred by, 297. 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. a mere colorable, not patentable, 33. |