Entered according to Act of Congress, in the year 1855, by `in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. STEREOTYPED BY L. JOHNSON AND CO. PHILADELPHIA. COLLINS, PRINTER. PREFACE. In the arrangement of the subject-matter of the following pages, care has been taken to present it in such a form as to ensure convenience, while the object has been to give the entire spirit, if not the actual language, of the laws. This was deemed, in the preparation of the work, the more judicious mode, as by these means a complete Guide to the Inventor could be embraced within reasonable limits, and the entire sense of the laws, as a companion of the law student, and book of reference for the magistrate, be preserved at the same time. Nothing in any respect has been omitted or over looked that would contribute to enhance the value of a work of the kind, and little, it is assumed, has been introduced, which could with propriety be rejected. A work on a much larger scale might be made to contain more matter, and of a more attractive character; but it is doubtful whether anything new could be imbodied, that would better serve the purposes for which this volume is intended. It aims to direct the patentee how to proceed in obtaining a patent for an invention or design; it explains to him the relative bearings of the laws on all classes of discoveries; it indoctrinates him into the spirit of those laws, and points out to him the way to seek redress, and how to combat grievances. It informs the magistrate of his duties, and prescribes forms which it is essential for him to adopt, in his capacity of a magistrate, when called upon to act for parties in an invention. It shows how far infringors may proceed in infringements with impunity, and what safeguards are thrown around the productions of patentees. It addresses itself to the law student, in furnishing him with an Index to the decisions of courts in patent cases, and opinions delivered in appeals from the decisions of the Commissioner of Patents. Finally, it may be worthy the notice of the judge on the bench, since its pages supply a brief record of precedents, which may not be found in a form so readily convenient. This is all the author has attempted to accomplish; and how well this has been done, must depend on the judgment of others It would, however, be affectation to claim, that the volume is complete, and might not be amended. But it must be borne in mind, that the principal object in view has been to produce a Patent Office guide and companion to those interested in patents, and not to dignify the work with the title a code, or that of a systematic and logical digest. Grateful acknowledgements are tendered to Hon. EDMUND BURKE, late Commissioner of Patents, for suggesting the form and plan of preparing the accompanying pages, and for many of the most important data inserted in the volume, which he had already collated to hand. Similar acknowledgements are due to JOHN WILLIAM WALLACE, Esq., member of the Philadelphia bar, and the accomplished reporter of the Third Judicial Circuit of Eastern Pennsylvania, for the aid extended by him to the author in furnishing material from his third volume of Reports, in press, the omission of which would have been felt as a serious deprivation. Philadelphia, January, 1855. J. G. M. PAGE XIII. Form of Surrender of a Patent for Re-issue, XIV. Form of Disclaimer.................................................... 78 XVI. Form of Withdrawal,....... XVII. Proceedings on application for Påtents, and on appeals XVIII. Remedy in Equity for Patentees,. XIX. Orders in Appeals from the Commissioner of Patents, XX. Recovering money paid for a Patent not taken out,............. 90 XXI. Form of Oath on restoring certain papers, models, &c.,..... 90 V. Penalty for Infringements, ..................... ART THIRD.-JUDICIAL DECISIONS. I. Interpretation and Construction of Letters Patent, Forms and PART FOURTH.-PATENT LAWS OF ENGLAND AND FRANCE. PART FIFTH.-OPINIONS ON APPEALS FROM THE COMMISSIONERS Technical points of law Decided on which appeals have been brought to the United States Circuit Court for the District of Columbia,......259 APPENDIX I.-EARLY AMERICAN INVENTIONS AND DISCOVERIES. Settlement of the States, and Density of Population in 1800,............300 Population in 1800, and Patents issued from 1790 to 1800,..............301 |