Patent application

“ Undoubtedly a patent, like any other written instrument, is to be interpreted by its own terms. But when a patent bears on its face a particular construction, inasmuch as the specification and claim are in the words of the patentee, it is reasonable to hold that such a construction may be confirmed by what the patentee said when he was making his application. The understanding of a party to a contract has always been regarded as of some importance in its interpretation. ”

“ If any applicant claims the right of priority for an invention patent or a utility model patent, he or it shall make a written declaration when the patent application for an invention or utility model is filed, and submit, within sixteen months from the date on which the applicant first filed the application, a copy of the patent application documents which were filed for the first time. ”

“ The original conception and working out of an invention is usually a labor of love on the part of the inventor: having perfected his invention in every detail, he finds able and skilled counsel waiting to prepare and prosecute his application for patent before the Patent Office Examiner. When the patent is allowed or issued, the patentee's real work begins—that of turning the patent into money. This is the business end of the inventor's work, which is generally to his interest financially to undertake himself, or to have under his immediate supervision. ”

“ Article 39 If no reason for rejection is discerned after an invention patent application is substantively examined, the patent administration department under the State Council shall make a decision on granting of the invention patent right, issue an invention patent certificate, and meanwhile register and announce the same. The invention patent right shall become effective as of the date of announcement. ”

“ When he finds something that he thinks he wants or can use to advantage in his business, he promptly goes ahead, starts to make it by copying the patent illustration in the published records, and as promptly and innocently files a patent application in the patent office, which is an exact duplicate and copy of the other man's patent that has been issued and published. ”

“ The patent law makes it essential to the validity of a patent that it shall be granted on the application, supported by the oath, of the original and first inventor, or of his executor or administrator, whether the patent is issued to him or to his assignee. A patent which is not supported by the oath of the inventor, but applied for by one who is not the inventor, is unauthorized by law and void, and, whether taken out in the name of the applicant or of any assignee of his, confers no rights as against the public. ”

“ Most processes which have been held to be patentable require the aid of mechanism in their practical application, but, where such mechanism is subsidiary to the chemical action, the fact that the patentee may be entitled to a patent upon his mechanism does not impair his right to a patent for the process, since he would lose the benefit of his real discovery, which might be applied in a dozen different ways, if he were not entitled to such patent. ”

“ No person shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented in a foreign country; provided, the same shall not have been introduced into public use in the United States for more than two years prior to the application, and that lication of the foreign patent. ”

“ For example, a patent system should encourage the development of inventions that meet the well-established international criteria of being new, involving an inventive step, and being capable of industrial application, including as provided for in the TRIPS Agreement. Under India's Patents Act, a patent is available for an "invention," defined in Section 2 (j) of the Act as a product or process that is novel, has an inventive step, and is capable of industrial application. ”

“ The attributes of novelty and utility being possessed in due degree by an invention, it remains to put in motion the machinery for its protection. The Patents Act 1907, re-enacting former provisions, requires an application to be made in a prescribed form (the forms and stamps are on sale at all postal money order offices in the United Kingdom) , and left at or sent by post to the patent office in the prescribed manner. The application must contain a declaration that the applicant is the true and first inventor, and it must be accompanied by either a provisional or complete specification. ”

“ The words " or more than two years prior to his application, " merely give the same force to a foreign patent or publication that had previously been given to prior use. An invention to be patentable must, according to American law, be both novel and useful. Utility may be evidence of novelty and vice versa, and commercial success is relevant evidence of utility. As in England, a bare principle is not patentable. ”

“ There can be no infringement of a void patent, and a patent which shows neither invention nor discovery is void.1 The mere application of an old mechanical instrument to a new use is not an invention and therefore not patentable. ”

“ Every application, in which the fees have been paid, is sent complete—including the model—to the Patent Office the same day the papers are signed at our office, or received by mail, so there is no delay in filing the case, a complaint we often hear from other sources. Another advantage to the inventor in securing his patent through the Scientific American Patent Agency, it insures a special notice of the invention in the Scientific American, which publication often opens negotiations for the sale of the patent or manufacture of the article. ”

“ An 'order and series of processes' is what, according to the statement made in support of their application, 'constituted their invention, and what they supposed they had embodied in their claim.' And the claim of the patent was for the treatment of wood shavings by chemical agencies 'in the order substantially as described.' How, then, is it possible to maintain that a process to obtain pulp by chemical action in a single operation had been invented by the patentees when their first patent was granted? ”

“ If an alien neglects to put and continue on sale the invention in the United States, to the public, on reasonable terms, for eighteen months, the patentee Uses all benefit of the patent.
Sec. 6. Joint inventors are entitled to a joint patent, but neither can claim one separately.
Sec. 7. An invention can assign his right before a patent is obtained, so as to enable the assignee to take out a patent in his own name; but the assignment must be first entered on record; and the application therefor must be duly made, and the specification signed, and sworn to by the inventor. ”

“ Not a little of our marvelous industrial progress has been due to this inventive ability. The government has contributed to the same end, through the enactment of laws protecting those inventors who secure patents. A person desiring a patent must declare upon oath, in his petition addressed to the Commissioner of Patents, that he believes himself to be the first inventor of the article for which he solicits a patent. The sum of fifteen dollars is charged for filing the application, and twenty dollars for issuing the patent. ”

“ We think that the machine and work holder patents, read separately or together, apart from such disclosure as they make of the process or method of the reissue patent, disclose only the results of the application of mechanical skill to the development of a convenient mechanism for using the method. Petitioner, by the adaptation of the Rosback machine which it uses to produce the box blank of the reissue patent, has done no more. It has increased the number of pushers to that required for the desired number of assembled separate elements-cleats and side material. ”

“ Where the Controller is satisfied on application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant. ”

“ If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the application may be made by the other inventor on behalf of himself and the omitted inventor. The Director, on proof of the pertinent facts and after such notice to the omitted inventor as he prescribes, may grant a patent to the inventor making the application, subject to the same rights which the omitted inventor would have had if he had been joined. ”

“ At any time after the expiration of three years from the date of the sealing of a patent, the Central Government may make an application to the Controller for an order that the patent may be endorsed with the words "Licences of right" on the ground that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price. ”

“ Where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall be subject to such conditions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention before the date of advertisement of the acceptance of the complete specification. ”

“ An inventor may also employ patent attorneys or agents to perform the preliminary search. This search is not always as complete as that made by the Patent and Trademark Office during the examination of an application, but only serves, as its name indicates, a preliminary purpose. For this reason, the Patent and Trademark Office examiner may, and often does, reject claims in an application on the basis of prior patents or publications not found in the preliminary search. ”

“ When thep. 24 specification and drawing disclose (as most of them do) several subjects matter of invention, though claiming only one, which of those several subjects matter shall control the classification?
The most natural procedure, at first thought, would be to classify on the totality of the showing, in which case the application for the nail-machine, supposed above, would be assigned to nail-making. But imagine the invention claimed by an applicant to be the counter. Then the examiner in charge of nail-making would have to search the class of registers with which he is not familiar. ”

“ Each patent and each application discloses one or more means of the useful arts (using the term "means" to cover both processes and instruments in the sense in which it is used by Prof. Robinson) , almost always more than one, since most new means are combinations of mechanical elements or acts. In some patents and applications the disclosure is coextensive with that which is claimed; in others there is matter disclosed but not claimed. The unclaimed disclosure may be as valuable as the claimed disclosure for purposes of anticipation, and the classification must provide for both. ”

“ Patents may also be granted for a machine or for a separate and distinct device, but it cannot be held that such a patent is valid unless it be proved that the patentee is the original and first inventor of the thing patented. ”

“ And yet the great majority of patents are for improvements in old and well-known devices, or on patented inventions. Changes in the construction of an old machine which increase its usefulness are patentable. Seymour v. Osborne, 11 Wall. 516. So, a new combination of known devices, whereby the effectiveness of a machine is increased, may be the subject of a patent. ”

“ Either may be pointed out; but, if the patent is not confined to that particular tool or machine, the use of the others would be an infringement, the general process being the same. A process is a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing. If new and useful, it is just as patentable as is a piece of machinery. In the language of the patent law, it is an art. ”