PATENTS
Patentable Inventions.—Patents are issued by the United States Patent Office to any person who has invented or discovered any new and useful art, machine, method of manufacture, composition of matter, or any new and useful improvement along these lines. In order to obtain a patent for an invention, the latter must not have been known or used by others in this country previous to the time the invention was made by the person applying for the patent; not must it have been described in any printed publication in this or any foreign country before the invention was made by the person applying for the patent in this country, or more than two ears prior to the application for a patent. A patent cannot be granted if the article has been in public use or for sale in the United States for more than two years prior to the application for a patent.
A patent contains a grant to the patentee, his heirs or assigns, for a term of seventeen years, for the exclusive right to make, use or sell the invention or discovery throughout the United States. In case the inventor at the time of making his application believed himself to be the first inventor or discoverer, but it is subsequently found that the invention or discovery has been known or used in a foreign country before the time of his invention, he will not be refused a patent providing the article has not previously been patented or described in any printed publication. The application for a patent in this country must be filed within 12 months after an application for a patent may have been filed in a foreign country; otherwise, no patent will be granted in this country. In the case of ornamental or other designs, the foreign application must not be filed more than four months prior to the time when the application is made in this country.
Joint Inventions.—Joint inventors are entitled to a joint patent, but neither can claim one separately. Independent inventors of distinct and independent improvements in the same machine cannot obtain a joint patent for their separate inventions. If one person furnishes the capital and another makes the invention, they cannot make application as joint inventors. The inventor only can make such application; but they may become joint patentees by means of a deed of assignment.
Applications for Patents.—An inventor who wishes to apply for a patent, and is not familiar with the rules of patent practice, should apply to the Patent Office, Washington, D. C., for a copy of the "Rules of Practice," which will be sent upon request. It is also advisable that the services of a competent and duly registered patent attorney be secured, as the values of patents depend largely upon the preparation of the specifications and the claims. An inexperienced person will often prepare claims which cover only the particular design for the apparatus in which the invention at first may have been executed. The invention, however, may be much more fundamental in character, and the claims should cover all possible designs by means of which the same end may be obtained with the same fundamental principles of action of the device. The patent office, while it will not recommend any particular patent attorney or firm, advises applicants to avoid doing business with those attorneys who advertise the possession of unusual facilities for obtaining patents.
Applications for a patent must be made in writing to the Commissioner of Patents. The applicant must also file in the patent office a written description of the invention or discovery, in clear, concise and exact terms. In the case of a machine, it is necessary to particularly point out and distinctly claim the particular improvement or combination of which the inventor claims to be the discoverer. The specification and claim must be signed by the inventor. When the nature of the
