Omaha daily bee., 1891-12-27
HOW TO SECURE A PATENT.
Directions to inventors ISSUED By The Bee
Bureau of Claims.
METHODS OF The PATENT OFFICE.
The Course Followed by the Author of
an Invention to Protect His
Rights-CostS of Obtain
ing n Patent.

To the inventor the all important question
presents Itself, "How can | secure d patentl''
and to this TIM BEE Bureau offers tho fol
lowing explanation:
Inventors rs a class are not familiar with
the laws under which letters patent are
granted, the forms and practice in the patent
office at Washington and the technical
methods of casting specifications and claims
to properly protect their inventions against
infrlngers, yet the value of the patent and
even its validity depend largely upon the
careful and expert preparation of the case.
Specifications must be drawn to fully dis
close the invention, to distinguish between
what is new ana what is OLD, and claims,
upon which the value and validity of the
patent depend, must be cast TO fully cover
the invention yet not to encroach upon pat
ents already granted. Failure in either Of
these respects often renders the patent value.
less or void. The employment of counsel
skilled in patent law Is therefore usually a
prerequisite to the proper prosecution of a
case and a grant of a valuable patent.
Many inventors suffer the loss of benefits
that should be derived from valuable inven-
tons owing to insufficient protection by pat
cts procured through incompetent or care
less agents, etc.
For What Granted.
Under the laws of the United States let
tors patent are granted to any person who
has invented or discovered any new and use
full arr, machine, manufacture or composition
OF matter, or has invented any new or useful
improvement thereon.
Term OF Patent.
A patent is granted for seventeen years,
during which time the owner has sole and
exclusive right to make, use and sell the
patented invention.
How TO Proceed.
F)r ec) nomlc reasons before making ap-
plication to the patent office for a patent,
the novelty and patentability of the inven-
ton should be ascertained, because, if the
is not new or not patentab!e an
unnecessary expense is incurred by filing an
application on which a patent can never oe
granted, etc.
The first thing to be done is to find out
whether or not the invention is new and
patentabIe.
For advice on the point it is necessary to
send to the bureau a rough or complete
sketch or a photograph OF the invention, to-
gether with a brief description thereof,
setting forth the object of the improve
ments, the arrangement of the parts and
the advantages attained. While u model is
very seldom necessary, yet 1t is often of
great assistance. The latter can be made OF
any cheap material, ar will be returned If n
request is made to that effect. .
Upon receipt of the data mentioned cuftic-
lent to enable the invention to be understood
our counsel will at once examine thereinto,
and will aHVlgn Iyjthnnt ptnt .tyn ,rhnt &c tha
best course. to pursue ana will express an
opinion, from their knowledge of the arts
and patents already geanted, as to the patent
ability of the invention.
In this connection it is recommended that
the best and safest course is to have a
special search made in the patent office to
whether or not the invention has
been heretofore patented. The advantage of
such "A search is that if no anticipating patent
is discovered the application can be filed with
a greater decree of certainty. whereas if the
is found to be old all further eX-
pense is avoided. The cost of a search of
this nature is 81, and with the report of the
thereof the inventor will be furnished
with copies of such patents, if any, as en-
brace his ideas. 1t is much better to have
this search made In the outset before incur
ring any expense whatever regarding the APP
for patent.
If 1t is found that the invention is new ard
the client is advised to proceed
with the filing of en- application for patent,
and will then be requested to remit. SIS
to cover the first government fee and !
Is in payment of cost of drawing, when one
Is necessary, AS soon as possible after the
receipt of this remittance the specification of
the invention will be carefully prepared
and forwarded to the inventor, together with
forms for application for patent ready for
Upon return of the latter the case
will be promptly flied at the patent Office and
will be sent when action is had there
IN, and also OF the pature of such action.
The examining corps of the patent Office is
divided into thirty-two divisions, among
which the applications are divided according
o the official classification. The condition of
he work in the various divisions varies from
nc TO five months in arrears.
The Bureau Charges.
Consistent with the spirit with which this
bureau was formed, it is not intended to
'onduct any branch of the business on a
money making basis, but it is proposed to do
he work as near the actual cost as will pro-
ect the business from loss. Although counsel
re retained at heavy expense to the bureau,
ct 1t Is the wish 10 charge in ordinary cases
My the minimum fee of S25. However, in
asses requiring extra care, time and labor
he fee will be nroDortlouately increased, but
lients will always be advised in advance
hould such increase of fec be found neccs-
airy. In directing inquiries either to our
omaha or Washington Office please mention
he fact that you read these instructions in
me BEE.
Design Patents.
A patent for a design is granted to any
erson who has invented or procured any
and original design for the printing of
Voolen, SILK, cotton or other fabrics; any
and original impression, ornament, pat
ern, print or picture to DO printed, painted,
asst or otherwise placed on or worked into
article OF manufactures; or any now,
seful and original shape or contiguration OF
ny article OF manufacture, the same not
avlng been known or used by others before
is invention or production thereof, or pat
nted or described in any printed publica-
Patents for designs are granted for
he term of three anu one-half years, the
fec being $40; or for seven years,
ne fee being Sl5; or for fourteen years, the
ee beng $50. The charge OF the bureyu in
lch cases is usually 81.
Reissues.
A patent can be reissued whenever the
anne is imperative or invalid by reason of a
Elective or insuficiont specification, or by
eason OF the p~atentpp's claiming more than
haG a right to claim as new, providing the
rror has arisen by accident, mistake or in
dvertoncc, ana without fraudulent intent.
he government fee for Il reissue is $40. The
OF drawing is 81, and the bureau charge
usually S35. Great care must 30 exercised
reissuing a patent, because very often
hat little validity there may be in a defec-
We patent Is entirely lost by procuring a re-
sue which is totally invalid.
Rejected Cases.
There are in the patent office a great many
ises which stand rejected, out which should
allowed. This condition of the case may
9 une either to incompetency Oh the part OF
10 attorney emulOyed or his inability. he.