Evening star., 1897-01-27
NEW PATENT RULES
Commissioner Seymour Simplifes the Code
of Practice.
The Leading Changes and Their Effect
Compared With the Old
Rules.

Tho new rules OF the patent office are
done and will be publishe in few days.
The aim in making these rules, says Mr..
Seymour .he commissioner, Is to simplify
the eode of practice, and at the same time
to lfberalize them. Before they go into eff
fer a hearing will be given to the patent
attorneys. who. through their association,
have asked to be heard. Owing to the ILL
ness of Mr.. Marble and Gen. Ellis Spear,
who leaders of the patent bar. the
hearing has been postponed. and It is not
certain when it will be had. The old rules,
accumulated through years of practice,
take UP sixty pages of the pamphlet, in
which both the Old and new rules have
been printed by the patent Office. The new
rules take uD but twenty pages.
A rule that ha; excited considerable COM
ment and that is wholly new, s rule 81.
"a. The Office. to the extent of its jurs-
diction. will cOnsiuer equitable rights and
apply equitable remedies, and whenever the
foregoing rules and the established rules of
equity are at variance respecting the san,e
matter the rules of equity will prevail ex-
cept in matters concerning the ownership
OF title of inventions. applications, patents
or interests therein.
Patent commissioners have endeavored to
apply the principles of equity to the pro-
eedure of the office. but technical legal
rules have too often prevented the full
operation of the equitable policy.
Another wholly new rule is No. 80, which
is as follows:
New parties may he admitted to a pend
ing application as joint inventors, or some
of the parties may he dropped where they
all consent in writing and where the nom
joinder or misjonder was by mistake and
without fraudulent intent: and applications
may be amended by dividing out distinct
though related inventions or by uniting two
or more applications where the inventions
are related, but not to put the contents of
later application into earlier one"
Examiners have hitherto refused to per-
init amendments after final rejection. Rule
81 permits the reverse. Another new rule
as to new parties is No. II. as follows:
I'm interference cases, when another ap-
plicant appears who will ultimately be in
interference concerning the same subject
matter. he and all the parties to the pend
ing proceedings will he notified and on
seasonable motion by any of the
he may he made a party to the pending
proceeding upon such terms as to testimony
that may already have been taken as the
examiner of interferences may prescribe If
such course would more advantageously
| dispose of the whole contention between all
parties. and under the same condition
| when new references are discovered, the in
| reference may be suspended to consider
them"
In the matter of interferences the follow
| ing rule is presented. which is also new:
'4S. The examiner of interferences will
| issue the notices of the interferences pro-
| ceeding, will fix times for filing the pre-
| liminary statements and determine their
| sutfio iency. will fix times for the taking OF
| testimony. will transmit allowable motions
| concerning the burden of proof, patentabil.
ity, interference in fact, and irregularity In
| declaring the interference to the primary
| examiner. and will himself decide all other
| motions and questions of form and proceed
ure in inference practice, and will deter
mine the questions of priority or originalit,
of invention, and fix the limit of appeal