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§ 710. Procedure on Applications for Re-issue: Examination of the Appli-
cation as to the Mode in which the Defects in the Original Arose
711. Procedure on Applications for Re-issue: Interferences
712. Procedure on Applications for Re-issue: Appeals
713. Date and Term of Re-issued Patent
PAGE
436
437
438
439
714. Decision of Commissioner in Allowing a Re-issue: how far Con-
clusive.
440
715. Re-issued Patent not Collaterally Attackable for Fraud in Procur-
ing the Re-issue.
454
CHAPTER III.
OF THE REPEAL OF LETTERS-PATENT.
§ 716. Three Classes of Persons Interested in the Repeal of Letters-
Patent: Infringers: Prior Inventors: The Public
457
717. Interests of Infringers Protected without Special Proceedings for
a Repeal
718. Interests of Prior Inventors Require Special Proceedings for a
Repeal...
459
719. Interests of the Public Require Special Proceedings for a Repeal. 459
720. Two Special Proceedings Provided for the Repeal of Unlawful
Patents
OF THE REPEAL OF PATENTS IN THE INTEREST OF PRIOR
INVENTORS.
§ 721. Proceedings for a Repeal in the Interest of Prior Inventors under
the Acts of 1790, 1793, and 1836. .
722. Proceedings for a Repeal in the Interest of Prior Inventors under
the Act of 1870. . .
723. Proceedings for a Repeal in the Interest of Prior Inventors under
the Revised Statutes of 1874 . .
724. Nature and Effect of the Proceedings for a Repeal in the Interest
of Prior Inventors .
OF THE REPEAL OF PATENTS IN THE INTEREST OF THE PUBLIC.
§ 725. Proceedings for a Repeal in the Interest of the Public Rest upon
Fundamental Principles of Sovereignty, not on Mere Legislative
Acts.
726. Patents Repealable at Common Law in the Interest of the Public
in Three Classes of Cases
467
475
§ 727. Proceedings for a Repeal in the Interest of the Public Necessary
when the Patent was Obtained by Fraud ..
728. Proceedings for a Repeal in the Interest of the Public sometimes
Necessary where the Subject-Matter of the Patent cannot Law-
fully be Patented . .
476
477
478
479
729. Proceedings for a Repeal in the Interest of the Public are by Bill
in Equity in the Name of the United States.
730. Procedure and Judgment upon a Bill for Repeal.
CHAPTER IV.
OF THE CONSTRUCTION OF LETTERS-PATENT.
§ 731. Nature and Scope of the Patent Monopoly Determined by the
Legal Interpretation of the Letters-Patent .
732. Interpretation of Letters-Patent a Matter of Law for the Court 481
733. Advantages of Confiding the Interpretation of Letters-Patent to
the Courts as Matter of Law
734. Interpretation of Letters-Patent Governed by both General and
Special Rules
OF THE CONSTRUCTION OF LETTERS-PATENT: GENERAL RULES.
§ 735. First General Rule: Patents are to be Liberally Construed in Favor
of the Inventor .
736. Wherein a Liberal Construction of Letters-Patent Consists
787. Rule of Liberal Construction does not Authorize a Departure from
the Language of the Letters-Patent.
486
487
738. Rule of Liberal Construction does not Authorize an Equivocal or
Elastic Interpretation of the Claims
488
739. Rule of Liberal Construction Permits an Interpretation in Accord-
ance with the Real Nature of the Invention unless the Language
of the Patent Clearly Forbids it
740. Nature of the Invention Shown by State of Art at Date of In-
vention . . .
741. Nature of the Invention Shown by Other Acts and Circumstances 493
742. Second General Rule: Entire Patent Construed together as an
Indivisible Instrument
743. Second General Rule Authorizes the Restriction of the Claims by
the Other Portions of the Patent, but not their Enlargement. 498
744. Third General Rule: Words and Phrases Interpreted, if possible,
in their Ordinary Sense.
SECTION II.
OF THE CONSTRUCTION OF LETTERS-PATENT: SPECIAL RULES.
§ 746. Special Rules: Pioneer Patents: Re-issued Patents: Patents
Granted by Act of Congress.
747. Special Rules: Claims for Combinations: Improvements: Joint
Inventions
748. Special Rules: Claims for Principles, Functions, or Effects .
749. Special Rules: Claims for an Entirety not Divisible: Claims for
Separate Devices not Consolidated. .
501
503
504
750. Special Rules: Foreign Words: "Substantially as Described: "
"Generic," etc..
505
751. Special Rules: Terms Admitting of Degrees: Other Terms
CHAPTER V.
OF THE TRANSFER OF LETTERS-PATENT.
§ 752. Patented Inventions are Property, and as Such Transferable . . 508
753. Property in a Patented Invention Twofold: the Invention and the
Monopoly . .
508
754. Property in the Invention Transferable without Restriction. . . 510
755. Property in the Monopoly Transferable only within Certain Limits
756. Transfers of Two Classes: First Class Transfers both the Inven-
tion and the Monopoly
511
757. Second Class Transfers the Invention, but not the Monopoly . . 513
758. No Transfer can be of the First Class unless it Conveys the Entire
Interest, or an Undivided Portion of the Entire Interest, in the
Invention for the Whole or for Some Definite Part of the United
States.
. . 513
759. First Class Divisible into Two Sub-Classes according to the Terri-
torial Limits of the Monopoly Granted
515
760. Forms of Transfer Corresponding to the Foregoing Classes: First
Class, Assignment and Grant: Second Class, License
761. Transfer of Patented Inventions Unrestricted except by their own
Nature.
516
517
SECTION I.
OF THE TRANSFER OF LETTERS-PATENT: ASSIGNMENT: GRANT.
§ 762. Assignment Defined: Its Effect.
763. Assignments Distinguished from Grants: from Licenses
764. Character of Assignment Determined by its Subject-Matter, not
§766. Assignment, By whom Made when the Owner is Insolvent
767. Assignment, To whom Made
768. Form of Assignment: General Requisites
769. Assignment Before Patent: Its Form and Effect.
770. Assignment of Extension
771. Contract to Assign Future Inventions not an Assignment
772. Assignment Before Patent Favored in Law
773. Effect of Assignment, how Determined: Its Construction
774. Assignment: Its Implied Warranty of Title ..
535
536
775. Assignment of "All Rights" in the Patented Invention Warrants
a Perfect Title
776. Assignment of "All My Rights" in the Patented Invention Im-
plies No Warranty of Title.
537
777. Assignment Transfers only the Invention Specifically Assigned
778. Assignment Transfers only the Monopoly Created by American
Patents: Its Effect on Foreign Patents
779. Effect of Assignment upon an Extension
780. Single Assignment may Transfer Several Patented Inventions 515
781. Assignment of Patented Invention Does not Transfer Rights of
Action for Past Infringements
782. Effect of Assignment upon Existing Licenses and Powers of
Attorney
538
540
541
783. Assignment for Valuable Consideration Implies a Warranty of
Title, and a Right to Assign: Express Warranties
784. Assignment to be Recorded: Record Constructive Notice
785. Record of Unrecordable Instrument not Constructive Notice
786. Relation of Legal and Equitable Titles Arising from Assignments 552
787. Assignor Estopped to Deny Validity of Patent or Title of Assignee 555
78. Assignments upon Condition: Reversionary Interests of Assignor
789. Assignees: when Bound by Prior Acts of Assignors
790. Assignment of Right of Action for Past Infringements
791. Grant Defined: Distinguished from Assignment.
792 Grant Distinguished from License.
794. Form of Grant: Implied Warranties: Estoppels.
564
OF THE TRANSFER OF LETTERS-PATENT: JOINT-OWNERS.
$795. Property of Joint-Owners in the Patented Invention
796. Reciprocal Rights and Duties of Joint-Owners in reference to the
Enjoyment of the Patented Invention . .
798. Reciprocal Relations of Joint-Owners Variable by Contract: Their
Relations to Third Parties .
SECTION III.
OF THE TRANSFER OF LETTERS-PATENT: EXECUTORS AND
ADMINISTRATORS.
§ 800. Property of Decedent in Patented Inventions Vested by Federal
Statutes in his Executor or Administrator
575
576
801. Nature of the Property of an Executor or Administrator in the
Patented Inventions of his Decedent
802. Relations of the Executor or Administrator to the Heirs and De-
visees of the Decedent in reference to these Patented Inventions 577
SECTION IV.
OF THE TRANSFER OF LETTERS-PATENT: JUDICIAL SALES.
§ 803. Patented Inventions not Subject to Execution nor to any Ordinary
Method of Appropriation for the Benefit of Creditors
804. Patented Inventions Subjected to the Claims of Creditors only
through Some Form of Assignment by their True Owner. . .
805. Owner of Patented Invention may be Compelled by a Court of
Equity to Assign it for the Benefit of Creditors
578
579
580
SECTION V.
OF THE TRANSFER OF LETTERS-PATENT: LICENSES.
582
584
§ 806. License Defined: Distinguished from Assignment and Grant
807. The Invention, not the Monopoly, Transferred by a License
808. Any Transfer of Less than the Entire Interest in the Patented
Invention, or an Undivided part of such Entire Interest, is a
License.
809. License may be either Express or Implied: Express Licenses
810. Express Licenses may Cover One or More of the Rights Embraced
in the Invention
588
589
815. Express Licenses: By whom Granted: Caveat Emptor
816. Duration of Express License: Effect of its Termination
817. Express License not Recordable.
819. Reciprocal Rights and Duties of Licensors and Licensees
820. Licensee under Express License: When Estopped to Deny Va-
604
lidity of the Patent
607