Lapas attēli
PDF
ePub

Pennsylvania, have invented a new and useful improvement on;" giving a description and the name or title of the machine improved on; and then, in either case, should follow a description of the machine or invention, for which an application for a patent is made, as follows:

4. "And I do hereby declare that the following is a clear, full, and exact description of the construction and operation of the same, reference being had to the annexed drawings, making a part of this specification, in which figure 1 is a perspective view, figure 2 a longitudinal elevation, figure 3 a transverse section," &c., being particular to describe each part, as indicated in the drawing, by a letter; as, a, b, c, or d. After which the description should be completed, by particularizing the construction and operation of the machine or improvement, ending with the claim which should express the nature and character of the invention, and identify the part or parts claimed, separately or in combination. Note. If the specification is for an improvement, the original invention should be disclaimed, and then the claim be confined to the improvement. [Ibid.

VI. Drawings.

1. The law requires (sect. 6, act July 4, 1836,) that the applicant for a patent shall "accompany the whole [application] with a drawing or drawings, and written references, where the nature of the case admits of drawings." Thus, while the

law is not imperative on this score, it does not leave the question of drawings entirely optional with the inventor or applicant. By a rule of the Patent Office, the drawings are required to be executed in "perspective, and neatly done; and such parts as cannot be shown in perspective, must, if described, be represented in section or detail." Duplicates, when there are any, of the drawings are required, as one must accompany the Patent when issued, as explanatory of the same, and one is retained on file in the Patent Office.

2. Drawings, (Ibid,) must be signed by the patentee, and attested by two witnesses, "except when the specification describes the sections or figures, and refers to the parts by letters, in which case they are neither required to be signed, nor accompanied by written references upon the drawings, the whole making one instrument."

3. "An examination, as to originality of invention, may be made on a single drawing; but duplicates will be required before the patent issues."

VII. Models.

1. The law (Ibid) farther requires that the patentee shall "furnish a model of his invention in all cases which admit of a representation by model, of a convenient size to exhibit advantageously its several parts." "The model," (Rule as before,) "should be neatly made, and as small as a distinct representation of the machine or improve

ment, and its characteristic properties, will admit;" and "the name of the inventor should be printed or engraved upon, or affixed to it, in a durable manner." Models forwarded without a name are disregarded by the commissioner; and are "not entered on record, and are therefore liable to be lost or mislaid."

[Note.-By a rule recently adopted, models are not allowed to exceed in size twelve inches square.]

66

2. And when the invention is of a composition of matter," the law requires (Ibid) that applicants shall furnish "specimens of the ingredients sufficient in quantity for the purpose of experiment," and also specimens of the matter as composed.

VIII. New Improvements.

1. "Whenever the original patentee shall be desirous of adding the description and specification of any new improvement of the original invention or discovery, which shall have been invented or discovered by him subsequent to the date of his patent, he may, like proceedings being had in all respects as in the case of original applications, and on the payment of fifteen dollars, as hereinbefore provided, have the same annexed to the original description and specification; and the commissioner shall certify, on the margin of such annexed description and specification, the time of its being annexed and recorded; and the

same shall thereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification." [Clause sect. 13, act 1836.

2. "In all such cases, the claim in the original patent is subject to a re-examination; and if it shall appear that any part of the claim was not original at the time of granting the patent, a disclaimer of said part must be filed in the Patent Office, or the specification of claims restricted, by having the patent re-issued before the improvement can be added. And if there is not anything which can be claimed, the improvement cannot be added, but may be secured by a separate patent, by the payment of the fee of thirty dollars." [See Fee Table, page 23.] "If the patent was granted before the 15th of December, 1836, a model and drawings of the invention, as first patented, verified by oath, must be furnished, unless dispensed with by the Commissioner.

3. "No patent for an improvement can be granted to the original inventor, assignee, or possessor of a patent granted before the 15th of December, 1836, until a model and drawings of the invention, as originally patented, verified by oath, shall have been deposited, unless dispensed with by the Commissioner. [Sect. 5, act 1837, and Rules of Patent Office.

4. "Every inventor, before he can receive a patent, must make oath or affirmation [see "Form of Oath," marked IX., page 72,] that he does verily

believe he is the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement, for which he solicits a patent; and that he does not know or believe that the same was ever before known or used; and also of what country he is a citizen. [Clause sect. 6, act 1836.

5. The "oath or affirmation may be made before any person authorized by law to administer oaths," [Ibid ;] but the Rules of the Patent Office assert that "justices of the peace have not in all cases this general power." Oaths, therefore, should be taken before persons who do possess such " general power."

6. If the applicant be an alien, and has resided one year in the United States next preceding the application, and has given legal notice of his intention to become a citizen of the United States, he must make oath to these facts before he can apply for a patent for the same fees as those paid by a citizen. [See "Form for Addition of New Improvements," marked XXXII., page 108.]

7. The "oath required for applicants for patents, may be taken, where the applicant is not for the time being residing in the United States, before any minister plenipotentiary, charge d'affaires, consul, or commercial agent, holding commission under the government of the United States, or before any notary public of the foreign country in which such applicant may be." [Sect. 4, act

« iepriekšējāTurpināt »