Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-23
CHANGES IN RULES
Amending the Practice Of the Patent
Office.
lew REGULATIONS FOR INVENTORS
They Will Go Into Effect Jan
uary !.
l IMPORTANT ALTERATIONS

Acting Commissioner Greeley of the pat
ent office has prepared amendments of
rules governing the practice of the office
from january LIST, in accordar &c with an
act ON that subject passed at the last SEES
sion of Congress. These rules will apply to
all cases filed after January 1st, all cases
filed up to that time being subject to the
old rules
These rules contain a number of impor-
tant changes in the practice of the office
and have been awaited by patent attorneys
with the greatest interest.
Previously the publication of an inven-
ton has Eot interfered with the right of the
iI-ventor for patent, provided he could
prove priority for his device. The new
rules provide that no application is patent
able if it has been described two or more
years before the fling Of the application.
Heretofore if a foreign patent has been
taken cut before an American patent, the
term OF the latter limited 10 the eX-
piration of the foreign patent, which often
results in the practical less of many valu-
able patents by giving them a very short
life. The new ruleS-do not place this iiIni-
tation of time. but if the period between
the two patents is more than seven months
no American patent will be granted.
Formerly preference in acting on a pat
ent Was given to inventions deemed of es-
pecial importance. This preference was
given in Cases deemed of importance to the
government, specially to the army and
navy. Now cases viii be made special only
when the department interested is person
ally represented before the patent office in
asking for such preference. This method
1t is believed, will cause cases to he made
exceptional only in NEST important cases.
The amendments to be promulgated fol-
low:
Who May Obtain n Patent.
"a. First paragraph) A patent may be
obtained by any person who has invented
Or discovered any new and useful art, ma
chine, manufacture, or composition of mat
ter. any new and useful Improvement
thereof, not known or used by others in
this country before his invention or dis
covery thereof anG not patented or de-
scribed in any printed publication in this
Or any foreign country, before his inven-
ton or discovery thereof. or more than
two years prior to his application, and not
in public use or. on sale in the United
States for more than two years prior to
his application, unless the same is proved
to have been abandoned, upon payment of
the fees required by law and other due pro-
ceedings had.
~. The receipt Of letters patent from a
foreign government will not prevent the
inventor from obtaining a patent in the
United States, unless the application ON
which the foreign patent was granted was
filed more than ven months prior to the
filing of the application in this country, in
which case no patent shall be granted in
this country.
81. Gast paragraph The application
must be completed and prepared for ex
animation within one year after the filing
of the petition; and in default thereof. or
upon failure of the applicant to prosecute
the same within one year after any action
thereon CRule 40, of which notice shall
have been duly mailed to him or his agent,
the application viii be regarded as aban-
Gcned, unless it shall be shown to the salts
faction of the commissioner that such de-
lay was unavoidable. (See rules Ill and
1922
30 ,Section ~ The following order of
arrangement should be observed in framing
the specifications:
% Preamble stating the name and resi-
dence of the applicant and the title of the
invention.
a. The applicant, if the inventor, must
make oath affirmation that he does YER
lily believe himself to be the original and
first inventor or discoverer of the art. ma
chine, manufacture. composition, or i'm
provement for which he solicits a patent,
that no does not know and does not be-
lieve that the same was ever before known
or used, and shall state Of what country
he is citizen and where he resides. In
every original application the applicant
must distinctly state under oath that the
invention has not BEEN patented to him
self or to others with his knowledge or
more than two years prior to his applica-
| ton and that no application fer a patent
has been filed in any foreign country by
himself or his legal representatives or as
signs more than seven months prior to his
application. If any application for patent
has been filed in any foreign country by
the applicant in this country or by his le-
gal representatives or assigns, prior to his
application in this country, he shall state
the country or countries in which such ap-
plicatfon has been filed. giving the date of
such application. and shall also state that
no application has been filed in any other
country or countries than those mention
ed; that to the best Of his knowledge and
belief the invention has not been in pub
lie rse or on sale in the United States nor
described in any printed publication or
patent in this or any foreign country for
mere than two years prior to his applica-
ton in this country. This oath must be
subscribed to by the affiant.
Making Case. Special.
63. (Second paragraph The following
new applications have preference over all
other new cases at every period of their
examination in the order enumerated:
O Applications wherein the inventions
are deemed of peculiar Importance to some
branch of the public service, and when for
that reason the head of some department
| OF the government requests immediate ac-
| ton and the commissioner so orders but
| in such case IT shall be the duty OF such
II
before the commissioner in order to pre-
vent the improper issue of patent
| 90 Applications for reissues
| ~ applications which appear to inter-
| fere with other applications previously
| considered and found to be allowable. or
which 1t is demanded shall be placed in
| interference with an unexpired patent or
patents.
20. When an original or reissue applica-
ton Is rejected on reference to an expired
| or unexpired domestic patent which SUBJ
stantially shows or describes but does not
claim the rejected invention or on refer
ence to foreign patent or to a printed
publication, and the applicant shall make
oath to facts showing completion of the
| invention In this country before the filing
or the application on which the domestic
patent issued. or before the date of the
foreign patent. or before the date of the
| printed publication. and shall also make
cath that he does not know and does not
believe That the invention has been In pub
| lie use or on sale in this country, or pat
| ented or described in a printed pubiica-
| tion IN this or any foreign country for
| more than two years prior to his applica-
| tion. and that he has never abandoned the
| invention, then the patent or publication
| cited Will not bar the grant Of a pafant ~,