Imágenes de páginas

ment of the same, as aforesaid, I do hereby sell, assign, transfor and set over, unto the said C. D., the property mentioned and de scribed in the schedule herein under written; Provided, however that if the said debt and interest be paid, as above specified, this sale and transfer shall be void; and this grant is also subject to the following conditions :

The property hereby sold and transferred is to remain in my possession until default be made in the payment of the debt and interest aforesaid, or some part thereof, unless I shall sell, or attempt to sell, assign, or dispose of the said property, or any part thereof, or suffer the same unreasonably to depreciate in value in which case the said C. D. may take the said property, or any part thereof, into bis own possession.

Upon taking said property, or any part thereof, into his posses sion, either in case of default, or as above provided, the said C. D. shall sell the same at public or private sale; and after satisfying the aforesaid debt and the interest thereon, and all necessary and reasonable costs, charges and expenses, incurred by him, out of the proceeds of such sale, he shall return the surplus to me or my representatives.

In witness, &c., (as in Bill of Sale and Chattel Mortgage.)

[ocr errors]
[ocr errors]


PRECEDING THE EXPIRATION OF THE YEAR. COUNTY, TOWN OF I, C. D., the mortgagee, (or, E. F., the assignee of C. D., the mort gagee, named in the within (or, annexed] instrument, do hereby certify, that the sum of ninety-seven dollars and ten cénts is claimed by me to be due thereupon, at the date hereof; which sam constitutes the amount of my interest in the property therein mentioned and described. Dated the

day of

18In presence of

C. D., Mortgagee,
F. E.

(or, M. L. Assignee.)

[ocr errors]


Notice of Sale on Chattel Mortgage.


- day of

Br virtue of a chattel mortgage executed by A. B. to C. D., dated the

18, and filed in the office of the Register of the city of (or the County Clerk of the county of 01, the Town Clerk of the town of -,] on the

in the

year aforesaid, and upon wbich default has been made, I shall soll the property therein mentioned and described, viz. : (meation

day of

the articles, at public auction, at the house of in the city Tor, town? of aforesaid, on the

day of

instant, in, next,) at ten o'clock in the forenoon of that day. Dated at the day of

C. D., Mortgagee, [or, M. L., Assignee.


The American Patent Laws are of the most literal character, being especially designed to encourage the invention and public introduction of new and useful improvements of every kind. Under the fostering influence of these laws, the industrial resources of the nation have become most wonderfully developed; and there is scarcely a trade, art or profession, which is not, to a greater or less extent, (lirectly dependent for its increased success upon the practical assistance of some patented process or article. The money value of patents has also greatly risen, so that, at the present time, the ownership of a pitent for a first-rate improvement. is considered almost equivalent to the possession of an actual fortune. It is not, however, every improvement, nor every patent, which is valuable or gal; and much care ought there. fore to be exercised, both by those who take out patents and those who purchase “ rights" under them. They should see that all the fo: mal ties of the law are properly complied with, and be careful that no imposition is practiced upon them.

Patents are granted for all new machines, for improvements upon old machines, for improvements upon devices already patented, for all new processes or improvements upon old processes, for new and better methods or ways of doing or accomplishing riven ends, for improved articles of manufacture, for new forms of useful articles, for all kinds of compositions or useful mixtures-in short, for every novel and useful invention, which results in economy or the saving of labor, or the benefit of the public in any manner. On applying for a patent, the applicant pays to the government $15. An examination is then made under the direction of the Commissioner of Patents, and if the invention is found to be new and useful the applicant is inTormed that a patent will be allowed, and be is required to pay an additional fee of $20, upon receipt of which, Letters Patent are formally issued. But if the examination shows that the invention is not new, or that it is wanting in utility, or that it has been patented in some other country, or has been described in some printed publication, then a patent is refused and the appli cation is rejected.

THE COMPLETE APPLICATION. A complete application for a patent is made up of the following parts :—1. Petition ; 2. Specification ; 3. Oath of the inventor; 4. One drawing of the invention; 5. Model or specimens; 6. Payment of the first fee of fifteen dollars.

The absence of any f these parts renders the application incomplete; and the Patent Office will neither issue a patent nor even examine the case until the defect is remedied. If the invention is of such a nature that it cannot be illustrated by a model, specimen, or drawing, then those parts may be omitted.

THE SPECIFICATION. This document consists of a carefully written description of the invention, fully and minutely describing the object, construction, operation and method of carrying the invention into practical

The proportions or principles which the applicant claims as his own invention must be particularly specified. The value and extent of a patent often depends upon the skill and excel. lence with which the specification is prepared.



One drawing is required, which must correspond with the model, and be executed in a clear and artistic manner, on thick paper. The drawings are considered as forming a part of the specification ; they should represent various parts and views of the invention, such as plan views, perspectives, side elevations. sections, etc.


The law requires that the inventor shall, in all cases, furnish a model, which must not exceed twelve inches in any of its dimen. sions. It should be neatly made, of hard wood or metal, or both, varnished or painted. The name of the inventor and his place of residence should be attached to it, or painted upon it conspicuously. Where the invention consists of an improvement on some known machine, fuil working model of the whole will not be necessary. It should be sufficiently perfect, however, to show, with clearness, the nature and operation of the invention.

When the invention consists of a new article of manufacture, or a new composition, samples of the separate ingredients sufficient for the purpose of experiment, and also of the manufactured article itself, must be furnished.

REJECTIONS AND APPEALS. When the Examiner decides that the invention is not patento

able, the applicant is so informed, by letter, and this constitutes the first rejection. The applicant then has the right to ask for a reconsideration, and appear before the Patent-Office, either in person or luy attorney, and, by the presentation of arguments and evidence, en leavor to satisfy the Examiner that he (the applicant) is still entitled to a patent. If a second rejection results, an appeal may be taken to the Board of Examiners-in-Chief, on payment of $10, who review the case, listen to new arguments, and then either decide to grant or reject the application,

If the inventor is not satisfied with the decision of the Examiners-in-Chief, an appeal may be taken from their decision to the C mmissioner of l a ents in person; but a fee of $20 must be paid. The Commis oner hears any arguments, reviews the case, and decides upon its merits.

On payment of $25, an appeal may be taken from the decision of the Commissioner to the United States Court in the District of Columbia.

It will thus be seen that the opportunities for an inventor to obtain justice, in his efforts to obtain a patent, are abundant. The majority of pa'ents are, however, promptly granted on the primary application, without resort to the expenses and delays of an appeal.

DESIGNS, TRADE-MARKS, LABELS, ETC. Under the new law, Design-patents may be taken out for any ner form of any article, also for tools, patterns, castings, machineframes, stove-plates, borders fringes; also new designs for printing, weaving, or stamping upon silks, calico s, carpets, oil-cloth prints. paper-bangings, and other articles, likewise works of art, including busts, statues, bas-reliefs or compositions in alto or basso relievo, new dies, impressions, ornaments to be placed or used upon any article.of manufacture, architectural work, &c. The term for which Design-patents are granted varies according to the fee paid by the applicant, as follows: Patent for 3} years..

. $10. 7

15. 14

30. No Design-models are required. But eleven drawings or photographs must be furnished, together with the usual specification, petition and affidavit, which, to render the patent of value, should be prepared with the utmost care.

Trade-marks may be registered for the term of thirty years, by filing petition oath, description of the class of goods or merchandise and of the trade-mark itself, with eleven fac-similes of the same, one mounted on stiff paper. Government fee $25.

Labels not being trade-marks, may also be registered at the

Patent-Office, and certificates issued therefor. Five copies are required to be filed. Register fee $6. No trade-mark or label can be copyrighted any more, as the registration has been entirely transferred to the U. S. Patent-Office.

THE SALE AND ASSIGNMENT OF PATENTS. An inventor may sell and assign his invention or any par thereof, either before or after a patent is granted; but the signature and oath of the actual inventor, in connection with the specification, are necessary before the Patent Office can consider an aplication. All other business and proceedings may, how. ever, be transacted by his assignee.

There are three classes of assignments that must be put upon record at the Patent Office, within three months from their date, in order to insure their validity against subsequent purchasers. These are, first, an assignment of the entire patent; second, an undivider portion of a patınt; third, the sale of an exclusive right under a patent for a particular territory.


An inventor, or the full assignee of an inventor, may. • by power of attorney, authorize another person to act as his agent or solicitor in transacting business and prosecuting cases before the Patent Office.


A " caveat" is a confidential communication made to the Patent Office, disclosing the nature and objects of a new and useful but incomplete improvement. The object of a caveat is to prevent the grant of a patent to another party, for the same invention, and thus to afford time to the original inventor to complete his improvement, conduct further experiments, &c. Cavea s are filed in the Secret Archives of the Patent Office. The documents consist of a petition, specification, drawing, and oath of invention

The government fee, payable on filing the patent, is ten dollars.

Under the security afforded by a caveat, inventors should bear in mind that they cannot prevent other parties from using their inventions. The mere filing of a caveat does not allow the caveator to sell exclusive rights, as in the case of the issue of Letters Patent. It entitles him only 10 the right to receive notice of an interfering application, but does not settle the ques. tion of novelty in his behalf. A caveat may be renewed from year to year upon the payment of the usual official fee.

('aveat papers cannot be withdrawn from the office nor undergo alter tion after they have been once filed; but additional papers relative to the invention may be appendel on payment

« AnteriorContinuar »