The Law of Patents for Useful Inventions, 2. sējums

Pirmais vāks
Little, Brown, 1890

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Saturs

Machines Processes Products
62
Application of these Rules often Difficult
68
its Two Divisions the Description and
71
The Description to be Confined to these Three Points
77
Completeness Defined
85
False Suggestion Fatal
93
The Description when the Invention is a Machine
99
The Description when the Invention is an Improvement
105
The Claim the Life of the Patent and the Measure of the Patent
111
The Claim must Claim a Concrete Art or Instrument
117
The Claim must Correspond with the Description
124
The Claim must not Claim a Mere Function
131
Joinder of Claims for Different Inventions
137
The Claim for a Combination may be Joined with Claims for
143
The Claim for a Design its General Requisites
149
The Claim as Corrected or Allowed in the Patent Office Deter
155
Specimens instead of Drawings or Model Required in Applications
161
552 Application once Filed thereafter Known by Date and Number
163
jection
172
Appeal on Matters of Substance to ExaminersinChief
186
not Abandonment of the Invention
192
Unavoidable Delay not Unreasonable
198
Substituted Applications are Continuations of the Original
204
History of Interference Proceedings
211
Interference Proceedings Instituted only when the Later Applicant
217
Preliminary Statements
224
Taking Testimony
230
Arguments of Contestants
236
Suspension of the Interference
243
Judgment how far Conclusive
249
Stamping Patented Articles by Infringers Prohibited
267
CHAPTER II
274
Its Twofold Purpose To Amend Defective Patent
278
Excessive Claim not Amendable by Disclaimer after Unreasonable
284
Disclaimer a Nullity unless Original Claim Actually Excessive
293
Reissues under the Act of 1832
300
Reissues under the Act of 1870 and the Revised Statutes of 1874
311
Amendment by Reissue not Permitted unless
314
Failure to Describe or Claim Matter outside the Invention not
317
Reissued Patent must be Confined to
323
Nature and Scope of the Invention which the Inventor Attempted
329
Concurrence of the Inventor therein
424
៩ ទ គ
428
Filing of the Application
432
Examination of the Appli
433
66
443
CHAPTER III
457
Proceedings for a Repeal in the Interest of Prior Inventors under
464
Patents Repealable at Common Law in the Interest of the Public
475
Proceedings for a Repeal in the Interest of the Public Necessary
476
Advantages of Confiding the Interpretation of LettersPatent
483
Rule of Liberal Construction Permits an Interpretation in Accord
489
Second General Rule Authorizes the Restriction of the Claims
498
SECTION VIII
501
Terms Admitting of Degrees Other Terms
507
Second Class Transfers the Invention but not the Monopoly
513
The Claim no Particular Form Required
516
Assignment By whom Made
522
766 Assignment By whom Made when the Owner is Insolvent
523
PAGE
534
VOL II
539
Its Effect on Foreign Patents
540
Assignment of Patented Invention Does not Transfer Rights
546
Filing of Application the Commencement of Proceedings to Obtain
550
Relation of Legal and Equitable Titles Arising from Assignments
552
Reversionary Interests of Assignor
558
Implied Warranties Estoppels
564
JointOwners cannot Practise Infringing Inventions
571
PAGE
575
SECTION V
582
how Paid Delivery of Patent
585
in the Invention
589
Exclusive or NonExclusive
595
Express License not Recordable
602
Consideration Therefor Royalties
609
Right to Use Unlimited as to Time Territory
626
License to Use Implied in favor of Innocent
632
How Corrected
637
Licenses Arising by Estoppel Implied Licenses
640
Original Jurisdiction
649
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451. lappuse - Whenever any patent is inoperative or invalid by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery, more than he has a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention...
449. lappuse - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...
551. lappuse - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
55. lappuse - ... the several modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery.
508. lappuse - The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
54. lappuse - ... first and original inventor, and shall have no legal or just right to claim the same, in every such case the patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and...
89. lappuse - ... a written description of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same.
289. lappuse - Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer...
304. lappuse - Every independent inventor, every mechanic, every citizen, is affected by such delay, and by the issue of a new patent with a broader and more comprehensive claim. The granting of a reissue for such a purpose, after an unreasonable delay, is clearly an abuse of the power to grant reissues, and may justly be declared illegal and void.
196. lappuse - All applications for patents shall be completed and prepared for examination within two years after the filing of the application, and in default thereof or upon failure of the applicant to prosecute the same within two years after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned...

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