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new and original design for the printing of woolen, silk, cotton, or other fabrics; any new and original impression, ornament, pattern, print, or picture, to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful, and original shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented or described in any printed publication, may upon payment of the fee prescribed by law, and other due proceedings had the same as in cases of inventions or discoveries, obtain a patent therefor."
Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant may in his application elect.
The fee for a design patent for three and one-half years is ten dollars, for one for seven years fifteen dollars, and for fourteen years thirty dollars, payable in each case when the application is filed.
In all other cases in which fees are required the same rates are charged as in the case of patents for inventions or discov. eries.
The proceedings on applications for patents for designs are substantially the same as in those for inventions or discoveries
The specification must distinctly point out the characteristic features of the design and carefully distinguish between what is old and what is claimed to be new.
When the design can be sufficiently represented by draw. ings or photographs, no model will be required.
When a photograph or engraving is employed for this purpose, it must be mounted on bristol board 10 by 15 inches in size, and properly signed and witnessed.
The applicant will be required to furnish ten extra copies of such photograph or engraving (not mounted) of a size not exceeding 75 inches by 11.
Whenever the design is represented by a drawing made to conform to the rules laid down for drawings of mechanical inventions, but one copy need be furnished.
(251.) Form of Application for Patents for Designs. TO THE COMMISSIONER OF PATENTS:
Your petitioner, A. B., a citizen of the United States, residing ar L., ir the County of M. and State of N. (or subject, etc.), prays that letters patent may be granted to him for the term of
years for the new and original design for
, set forth in the annexed specification.
(252.) Form of Specification for Designs. TO ALL WHOM IT MAY CONCERN:
Be it known thai I, A. B., a citizen of the United States, residing at L., in the County of M. and State of N., have invented and produced a new and original design for watch cases or lockets, of which the following is a specification, reference being had to the accompanying drawings forming part thereof.
Figure 1 is a sectional view of my newly designed case, Fig. 2 a side elevation of the same, and Fig. 3 an edge view, these three views being 'eemed necessary to fully illustrate my design.
Heretofore watch cases and lockets have been made which presented when viewed in devation as in Fig. 2, a scalloped outline or periphery, some being made to imitate shells. In these the scallops extend entirely across from lid to lid, and in a watch case the center which holds the movements is also scalloped to correspond.
The leading feature of my design consists in a raised or “struck up" scal. loped surface, the outlines of which, when viewed in elevation, as in Fig. 2, will fall entirely within the circular outline or circumference of the center.
A is the center of the case, which is circular in its general contour, and B B are the lids. These are also circular in their outer contour where they join the center, but have scallops, C C C, formed upon them substantially as represented in the several figures. The indented outline of the scalloped surface falls within the outer contour line of the case, thus presenting to the eye the combined effect of a smooth circular outline or center and an indented or scalloped outline within it.
The design for a watch case or locket herein shown and described, the same consisting of the raised scallops, C C C, on the lid, forming an indented outline wholly within the circular outline of the edge of the lid and the center A.
A. B. Witnesses:
The form of oath to accompany the petition is substantially the same as that used in cases of parents for inventions.
The taking out of a patent in a foreign country does not prejudice a patent previously obtained here; nor does it prevent obtaining a patent here subsequently, if the invention has not been in public use in the United States for more than two years. When application is made for a patent for an invention which has been already patented abroad, the inventor will be required to make oath, that, according to the best of his knowledge and belief, the same has not been introduced into public and common use in the United States for more than two years prior to the application. An applicant who has obtained a foreign patent or patents, should state in what country or countries such patents have been obtained, and the dates and numbers thereof. The reason of this is, that the statute provides that the patent granted in this country shall expire with the foreign patent, or, if there be more than one, at the same time with that having the shortest unexpired term; and in no case can it be in force more than seventeen years.
Any citizen of the United States, or alien who has resided for one year last past in the United States, and has made oath of his intention to become a citizen thereof, can file a caveat in the secret archives of the patent office on the payment of a fee of ten dollars therefor. And if, at any time within one year thereafter, another person applies for a patent for the same invention, the caveator will be entitled to notice to file his application, and to go into interference with the applicant for the purpose of proving priority of invention, and obtaining the patent if he succeed. He must file his application within three months from the day on which the notice to him is deposited in the post-office at Washington, adding the regular time for the transmission of the same to him; and the day when the time for filing expires shall be mentioned in the notice or indorsed thereon. The caveator will not be entitled to notice of any application pending at the ime of filing his caveat, nor of any application filed after the expiration of one year from the date of filing the caveat; but he may renew his caveat at the end of one year by paying a second caveat fee of ten dollars, which will continue it in force for one year longer, and so on from year to year as long as the caveator may desire.
No caveat can be filed in the secret archives of the office unless accompanied by an oath of the caveator that he is a cit. izen of the United States, or that he is an alien and has resided for one year last past within the United States, and has made oath of his intention to become a citizen thereof; nor unless the applicant also states under oath that he believes himself the original inventor of the art, machine, or improvement set forth in his caveat.
A caveat need not contain as particular a description of the invention as is requisite in a specification ; but still the description should be sufficiently precise to enable the office to judge whether there is a probable interference when a subsequent application is filed,
Caveat papers cannot be withdrawn from the office nor undergo alteration after they have once been filed; but additional papers relative to the invention may be appended to the caveat (their date being noted), provided they are merely amendatory of the original caveat. In the case of filing papers supplementary to an original caveat, the right to notice in regard to the subject of those papers expires with the caveat; and any additional papers not relating to the invention first caveated will receive no notice. The caveator, or any person properly authorized by him, can at any time obtain copies of the caveat papers at the usual rates.
The caveat should be accompanied by drawings or sketches, which must be made on tracing muslin or paper which can be folded.
The following is a proper form of a caveat:
Form of a Caveat. TO THE COMMISSIONER OF PATENTS: Be it known that I, A. B., a citizen of the United States, residing at , having invented an improvement in
further to mature the same, file this my caveat therefor and pray protection of my right until I shall have matured my invention. The following is a description of my newly invented
which is as full, clear, and exact I able at this time to ve, reference being had to the drawing hereto annexed. (Here insert a description of the invention, pointing out its objects and distinguishing characteristics.)
The oath of the caveator accompanying the caveat must set forth that he is a citizen of the United States, or, if he be an alien, that he has resided for one year last past within the United States, and has made oath of his intention to become a citizen thereof, and that he believes himself the original and first inventor of the art, machine, or improvement, set forth in his caveat.
ASSIGNMENTS AND GRANTS. A patent may be assigned, either as to the whole interest or any undivided part thereof, by any instrument of writing, No particular form of words is necessary to constitute a valid assigriment; nor need the instrument be sealed, witnessed, or acknow.ledged. A patent will, upon request, issue directly to the assignee or assignees, of the entire interest in any invention, or to the inventor and the assignee jointly, when an undivideil part only of the entire interest has been conveyed. In every case where a patent issues or re-issues to an assignee, the assignment must be recorded at the Patent Office at least five days before the issue of the patent; and the specification must be sworn to by the inventor. Every assignment and every grant of an exclusive territorial right must be recorded in the Patent Office within three months from the execution thereof; otherwise it will be void as against any subsequent purchaser or mortgagee for a valuable consideration without notice; but, if recorded after that time, it will protect the assignee, or grantee, against any such subsequent purchaser whose assignment or grant is not then on record.
The receipt of assignments is not generally acknowledged by the office. They will be recorded in their turn within a few