PATENTS.

Note. It is usual for persons desiring patents to employ the services of a reliable patent agent, whose experience and advice are often found of immense advantage; however, a few points on patents may perhaps be of interest. Patents are granted for seventeen years and cannot be extended.

What may be patented. Any machine, manufacture, new and useful art, or composition of matter, or any new and useful improvement thereof, not before known or used by others in this country, and at the time not patented or described in any printed publication in this or any foreign country.

Some of the articles for which a patent may be attained, are : architects', draughtsmen's, engineers' and designers' plans, certificates of stock, bonds, designs for bank notes; any article of household furniture, cups, pitchers, dishes, bells, baskets; works of art, designs for stove plates, clock cases, picture frames, articles in glass or other material; gas fixtures, buttons, jewelry, fancy goods, etc. Merchants' trade-marks and druggists' labels, patterns of printed and woven goods, oil-cloths, carpetings, paper-hangings, window-shades, etc. Bookbinders' designs for covers, and printers' designs for type; any new style of article, tool or pattern, used or produced in any trade or profession. Ornaments and decorations for ceilings and façades; mouldings in wood, plaster or other material; fences, posts, railings, stairs, and banisters; new forms of plated and other ware, boxes, cans, lamps, packages for goods; designs for tinware, hardware, toys, canes, and musical instruments, umbrellas, etc. Patterns, cuts, pictures, paintings, or designs for any article, such as bonnets, ribbons, laces, embroidery, etc., etc.

Applying for a Patent. There is a legal form for the preparation of applications, and they must be in accordance with official rules. The application consists of an affidavit of invention, petition, and drawings, with specifications and oath.

The Petition. This is addressed to the Commissioner and signed by the inventor, even where it is intended that the patent be issued to an assignee. Where the inventor is dead, it may be signed by his executor or administrator.

FORM OF PETITION.

in the County of

TO THE COMMISSIONER OF PATENTS:

The petition of B. F.

and State of respectfully represents: That your petitioner has invented a new and improved method for joining gas pipes, which he believes has not been known or used prior to the invention thereof by your petitioner. He prays that Letters Patent of the United States may be granted to him therefor, giving him and his legal representatives the exclusive right to same, according to the terms and conditions made and provided for by Act of Congress, he having paid fifteen dollars into the treasury, and complied with other provisions of said B. F.

act.

Specification. This is a very important document, and must be drawn up with the utmost care and skill. It must have full reference to the drawings, and describe the thing to be patented, where the case requires such reference and the description may be of use. It must be signed by the inventor or his executor, and attested by two witnesses. There being no regular forms for specifications, there is really no guide to go by from precedents; everything depends upon skill, ingenuity, and experience. The specification must describe the invention in full and clear terms, that the public may avail themselves of it on the expiration of patent. The applicant must set forth the exact invention he desires to patent; fully explain the principle, application, and character, by which distinguished from other inventions, and shall point out particularly the improvement, part or combination, which he claims as his own discovery or invention.

A FORM OF SPECIFICATION.

To all whom it may concern.

in the County of

Be it known that I, B. F., of in the State of have invented a new and improved mode for joining gas pipes, and I hereby declare that the following is a full and exact description thereof, reference being had to the accompanying drawings and to the letters of reference marked thereon.

The nature of my invention consists [in here describe the invention with the utmost exactness].

I claim as my invention, and wish to secure Letters Patent on the application of the collar B in connection with the clamps A A, etc, etc. as herein described for the purpose of joining together the ends of gas pipes, etc. etc. B. F.

Make your specification as clear and your claim as strong as possible.

The oath of the inventor should be annexed to the specification. The form is something like the following:

State of

OATH.

County of

SS.

On this day of 18-, before me, the subscriber, a personally appeared the within-named B. F., and made oath (or affirmation) that he believes himself to be the original and first inventor of the method herein d scribed for joining gas pipes; that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States.

R. O., Justice of the Peace.

Drawings. Drawings must be made on a sheet of paper exactly 10 x 15 inches, with a marginal line drawn one inch from the edges, consequently the space to contain all the work, including heading of title, name, number and date, signatures, etc, must be 8 x 13 inches. The paper must be pure white, smooth and calendered, and correspond in thickness to what is known as three-sheet Bristol-board. The drawing must be made with a pen, and absolutely black India ink alone being used. All lines must be clear, sharp, and solid, and shading open; as few lines as possible are to be used.

It is not requisite to furnish a model.
The patent-office fees are as follows:

On filing each original application for a patent .
On issuing each original patent .

$15 00

20 00

To the above fees the patent agent usually adds forty dollars for his services in preparing all the requisite papers and drawings as well as giving his attention to the interests of the case.

CAVEATS.

The filing of a caveat is sometimes of great importance, as it may be quickly done, and affords immediate protection against the issue of a patent, without the knowledge of the caveator, to any other person for the same invention. The object of a

caveat is to give the inventor time to test and perfect his discovery. Should a competitor apply for a patent for the same invention, the caveator is sufficiently notified, and called upon to file in his application for a patent. The existence of a caveat is one of the evidences of priority of invention. A caveat runs for a year, and can be extended from year to year. Caveats can only be filed by citizens of the United States, and aliens who have resided here one year and have declared their intention to become citizens. All caveats are secret, no one

can see or obtain a copy of a caveat without the order of the caveator. A caveator can use the stamp, "Caveat filed," and such stamp sometimes assists in selling an article or securing trade.

But the filing of a caveat does not secure any exclusive right of sale. The patent secures that right. The filing of a caveat has nothing to do with the grant of a patent. The Government makes no search as to novelty when a caveat is filed. No portion of the money paid for a caveat applies toward the patent.

A caveat consists of a petition, specification, drawing, and affidavit of invention. To be of any value, these papers should be carefully drawn up, and the invention explained as fully as possible. No model is required. — Sci. Am., H. B.

The

The Government fee for a caveat is ten dollars. Patent Agent usually charges twenty dollars for preparing papers and attending to the business.

DESIGN PATENTS.

Design Patents are granted for any new and original figure shape or pattern for prints or fabrics of any kind, to be woven, printed, cast or otherwise placed on or worked into any article of manufacture; also for any new form or pattern of any article of manufacture; also for any new engraving, work of art, bust, statue, alto relievo, bas-relief; also for any new shape, form or curve given to any tool, article, frame or special part of a machine that makes an article look better or sell better. The scope of the design patent law is very broad, in respect to

protecting new forms for articles, but does not apply to the mechanical construction. A design patent costs $30 for 3 years, $35 for 7 years; $50 for 14 years. ·Sci. Am., H. B.

TRADE-MARKS.

It is provided by United States law, that any individual, firm or corporation may obtain an exclusive right to use a trademark by conforming to the Patent Office official regulations. By registration, infringers of such trade-mark are promptly stopped under authority of United States Government.

No trade-mark can be registered unless already in use in trade with some foreign country or an Indian tribe.

Words simply describing an article cannot be registered as trade-mark.

A trade-mark may consist of a device, design, stamp or a combination with special title or name for an article, applied either to merchandise or printed wrappers or packages. The simple name of a business firm cannot be registered as a trademark. Neither can words only descriptive of an article be registered.

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For instance, the words "Baking Powder" are not registerable, but if accompanied by a picture, or word, such as High Raiser Baking Powder," then the trademark can be registered. The rules to be observed in applying for registration are: The applicant must sign a letter of advice, with written description of trade-mark, declaration and statement regarding use, and affidavit thereto; he must furnish a drawing of trade-mark, mounted on suitable drawing-paper; also ten not mounted copies. Trade-marks are protected for thirty years, after which they can be renewed for another thirty.

Cost. The Government fee for registering a trade-mark is twenty-five dollars; if a patent agent is employed, his fee is usually twenty dollars additional.

Search has often to be made to avoid using designs in use by Such a search costs about five dollars extra.

other persons.

Note.

As in the case of patents, the patent agent is very useful in promptly securing trade-marks.