the amendments were not sooner offered, whereupon the commissioner may, in his discretion, grant leave to make such special amendments, and allow a reconsideration. No alterations or amendments, except of clerical errors, will be allowed after an appeal to the examiner in chief, or after the patent has been ordered to issue, unless the same are approved by the examiner in charge.

All amendments of the model, drawings, or specification, must conform to at least one of them as they were at the time of the filing of the application; and all amendments of specifications or claims must be made on separate sheets of paper from the original, and must be filed in the manner above directed. Even when the amendment consists in striking out a portion of the specification, or other paper, the same course should be observed. No erasure must be made. The papers must remain forever just as they were when filed, so that a true history of all that has been done in the case may be gathered from them.

The following are forms proper to be observed in such cases:

(200.)

Form of Amendment of Specification.

in the

line of the

"I hereby amend my specification by inserting the following words after the word page thereof" (here should follow the words that are to be inserted); or, "I hereby amend my specification by striking out the page thereof; " or, "by striking out the first and fourth clauses of the claim appended thereto;" or whatever may be the amendment desired by the applicant.

line of the

In each case, the exact word to be stricken out or inserted should be clearly described, and the precise point indicated where any insertion is to be made.

The office may, at its option, return specifications for amendment; but in no other case will any person be allowed to take any papers, models, or samples from the office. If applicants have nct preserved copies of such papers as they wish to amend, the office will furnish them on the usual terms. No application will be suspended merely because the applicant may refuse to amend as re

quested or advised by an examiner in charge; but in such case the application must be examined on its merits, as presented, and allowed or rejected, so that the inventor may take an appeal if the decision should be adverse.

Placing the affidavit of the applicant on one piece of paper and the specification on another, so that both may be detached and applied to other papers, will be looked upon with suspicion, and any such substitution will be carefully guarded against. No specification will be received unless the sheets are attached together, or unless the officer who administers the oath has subscribed his name upon each separate sheet of paper, so as to show that the specification presented is the same that was subscribed and sworn to.

References.

Upon the rejection of an application for a patent, for the want of novelty, the applicant will be furnished with a specific reference to the article or articles by which it is anticipated, so that he may be enabled to judge of the propriety of renewing his application, or of amending his specification to embrace only that part of the invention which is new. If he desires a copy of the cases so referred to, or of the plates or drawings connected with them, they will be forwarded to him, if in possession of the office, on payment of the cost of making such copies.

The examiners in charge will designate the class to which the references made by them belong; and, in asking for a copy of the patent referred to, the applicant must indicate the class, so as to facilitate the search.

Giving or witholding Information.

The caveats are required by law to be kept secret. In addition, all pending applications, except for re-issues, are, as far as practicable, preserved in like secrecy. No information will, therefore, be given those inquiring whether any particular case is before the office, or whether any particular person has applied for a patent. But information is given in relation to any case after a patent has

issued, or after a patent has been refused, and the further prosecution of the application is abandoned. The models, in such cases, are so placed as to be subject to general inspection. The specifications and drawings in any particular case can be seen by any one having particular occasion to examine them, and copies thereof, as well as of patents granted, will be furnished to any one willing to pay the bare expense of making them. Copies will be made on parchment, at the request of the applicant, on his paying the additional cost.

Even after a case is rejected, the application is regarded as pending until after the decision of an appeal thereon, or until after the party has withdrawn the case from the further consideration of the office; but if a party, whose application has been rejected, allows the matter to rest for two years without taking any further steps therein, he will be regarded as having abandoned his application, so far, at least, that it will no longer be protected by any rule of secrecy. The specification, drawings, and model will then be subject to inspection in the same manner as those of patented or withdrawn applications.

Information in relation to pending cases is given so far as it becomes necessary in conducting the business of the office, but no further. Thus, when an interference is declared between two pending applications, each of the contestants is entitled to a knowledge of so much of his antagonist's case as to enable him to conduct his own understandingly.

An application will not be rejected upon a previously rejected one not withdrawn or abandoned, but the original references will be given. Should either applicant, in such case, take an appeal, and the decision be reversed, the other will be notified, so that an interference may be declared, if desired.

When an applicant claims a certain device, and the same device is found described but not claimed in another pending application which was previously filed, or on any unexpired patent, information of the filing of such second application is always given to the prior applicant, or patentee, with a suggestion that if he desires to claim a patent for that device he should forthwith modify his specification accordingly, or file an application for a re-issue, as the case may be.

But where the application, which thus describes a device without claiming it, is subsequent in date to that wherein such device is claimed, the general rule is that no notice of the claim in the previous application is given to the subsequent applicant. But where there are any special reasons to doubt whether the prior applicant is really the inventor of the device claimed, or where there are any other peculiar and sufficient reasons for departing from the rule above stated, the office reserves to itself the right of so doing without its being regarded as a departure from the established rule.

The office never responds to inquiries as to the novelty of an alleged invention, in advance of an application for a patent, nor to inquiries founded upon brief and imperfect descriptions propounded with a view of ascertaining whether such alleged improvements have been patented, and if so, to whom; nor can it act as an expounder of the patent law, nor as counsellor for individuals, except as to questions arising within the office.

All business with the office should be transacted in writing. Unless by the consent of all parties, the action of the office is predicated exclusively on the written record.

Rules of Correspondence.

All correspondence must be in the name of the Commissioner of Patents, and all letters and other communications intended for the office must be addressed to him. If addressed to any of the other officers, they will not be noticed, unless it should be seen that the mistake was owing to inadvertence. A separate letter should in every case be written in relation to each distinct subject of inquiry or application; the subject of the invention and the date of filing being always carefully noted. When an agent has filed his power of attorney, duly executed, the correspondence will, in ordinary cases, be held with him only. A double correspondence with him. and his principal, if generally allowed, would largely enhance the labor of the office. For the same reason, the assignee of the entire interest in an invention is alone entitled to hold correspondence with the office, to the exclusion of the inventor. If the principal becomes dissatisfied, he must revoke his power of attorney, and

notify the office, which will then communicate with him. All communications to and from the commissioner, upon official business, are carried in the mail free of postage.

The interests of inventors and of the public, and the proper transaction of the immense and complicated business of the patent office, absolutely require the rules we have above stated; and most of them are rigidly adhered to. The statements, rules, and forms above given are the same as those approved and prepared by the Commissioner of Patents, for the information and guidance of applicants. The experience of the author of this book authorizes him to say that all who deal with any of the officers of the patent office will meet with kindness and courtesy, and as much indulgence and assistance as the business and the rules of the office permit.

CHAPTER XXXIV.

THE LAW OF COPYRIGHT.

SECTION I.

WHAT MAY BE THE SUBJECT OF COPYRIGHT.

ANY citizen of the United States, or resident therein, who shall be the author, inventor, or designer of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, and his executors, administrators, or assigns, shall have the sole liberty of printing, reprinting, publishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by