The Minneapolis journal., 1901-03-23


| himself to be the, original and first inventor
or discoverer of the art, machine manufac-
ture composition or Improvement for which
ne soiicits a patent; that he does not know
ana does not believe that the same was ever
known or used before his invention or dis
coVery thereof, and must state of what coun-
try ne IS citizen and where he resides The
oath must distinctly state that the inven-
uoh mas not been patented to the inventor
or to others with his knowledge or consent
! In his or any foreign cuntry for more than
TWO years prior to his application, or an ap-
pllcation for a patent filed in any foreign
country by himself or his legal representa-
tives or assigns 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 legal representatives or assigns. prior
! to his application in this country he shall
state the country or countries In which such
| application has been filed, giving the date
| or such application, and shall also state no
application has been filed in any other coun-
! try or countries than those mentioned. The
| oath must also state that to the best of the
applicants knowledge and belief the invention
has not been in public use on sale in the
| United States, nor described in any printed
publication or patent in this or any foreign
country for more than two years prior to his
| application in this country.
Information for Investors.
An applicant may prepare and prosecute his
own application, and, for the purpose of Civ
| ing him much information as possible, the
patent office furnishes, without charge upon
! request, printed copies Of the patent laws
rules OF practice and forms. 1t is, however
much better for the applicant to employ a
patent attorney to prepare his application and
prosecute the same, as the value Of patents
depends largely upon the skllful prepara-
| ton of the specifications and claims From
| time to time the patent Office isues roster
| of all registered attorneys who are entitled
| to represent applicants in the presentation
and prosecution Of applications for patents.
| The statute provides for the grant OF an
! other class Of patents, known as design
patents" These are issued to any person
who, by his own industry genius, efforts and
expense, has invented and produced any new
| and original design for a manufacture, bust
statue, altro-relievo, or bas-relef; any new
or original design for the printing of woolen
silk, cotton or other fabrics; any new or
original impression, ornament, pattern, print
or picture to be printed, painted cast or
| otherwise placed worked into any ar
ticle Of manufacture; any new, useful and
original shape or confguration of any article
of manufacture the same not having been
known or used by others before his inven-
tion or production thereof, nor patented or
described in any printed publication. These
patents are granted, at the election of the
applicant, for three and one-half seven or
fourteen years. The government fees for
them are respectively, $40, $15 and $50.
Method of Issuing a Patent.
It may be interesting to follow through the
patent Office application until it even
| tuates in a patent. AS most inventors employ
I attorneys. the majority of inventors know
very little more about the methods of OBJ
tanning patent than does the public at
| large.
! Whenever an application for patent is
| received it is examined for the purpose Of
determining whether all the formal require
| ments have been complied with. II complete
| in formal matters, it is forwarded to one OF
| the thirty-six examining divisions where are
/ examined inventions in the art to which the
| application under consideration belongs Each
examining division has at its head a principal
| examiner, under whom are several assistant
| examiners. Each OF the assistant examiners
has one or more OF the classes or subclasses
of inventions which are examinable in that
| division. The application is in due course
at the present time about one month after
the filing date-taken up for examination by
| the assistant, who reports the result OF his
search to the principal examiner, and when
! approved by the latter, a letter Is written to
the applicant in care OF his attorney advising
| him OF the result of such examination. The
attorney, or the inventor, If he has no attor-
| ney, makes reply to the Office action, where
upon further examination is made and
these counter actions are continued until the
application is allowed in whole or in part. If
| the applicant is dissatisfied with the action
J OF the examiner, appeal lies, upon pay
ment of a fee Of $10 to the board Of examin-
ers-in-chief, and from their action q further
I appeal lies, upon payment Of a fee Of $40. 10
! the commissioner of patents in person. and
/ from his adverse action another appeal may
! be taken 20 the court of appeals of the dis
4 +DpN NA1,Y
| according to the length of the record. If the
application is finally allowed. the applicant
! is notified that the patent will issue at any
| time within six months upon payment of the
! final government fee OF 500 Upon receipt OF
| that fee the specification is sent to the gov
ernment printing office 10 be printed and the
drawing to the official contractor to be photo
i autographed, and when this work is eomplet-
| ed the patent is sealed signed by the assist
ant secretary of the interior and counter
signed by the commissioner of patents
Other Privileges for Investors.
| Other privileges are conferred upon invent
/ ors by the patent statutes. II his original
/ patent IS imperative or invalid by reason OF
| a defective CT insufficient specification or by
| reason of his claiming as his invention or
discovery more than he has a right to claim
! as new, provided the error has arisen from
! InadveTtence, accident or mistake and without
any fraudulent or deceptive intention. a re-
issue IS granted him. his legal representatives
or the assignees OF the entire interest The
government fee for reissue application Is
$3O
| If the inventor be a citizen Of the United
! States and has made new invention or dis
coyery and desires further time to mature
the same, on payment Of a fee of $40 he may
file in the patent office caveat setting forth
the object and the distinguishing characters
ties OF the invention, and praying protection
OF his right until he shall have matured his
invention. This caveat is filed in the conf
Dental archives Of the patent office, preserved
In secrecy and operating for a term OF one
year, and is intended to prevent the grant OF
a patent to another for the same alleged in
yention upon an application filed during the
life OF the caveat without notice being given
! to the cayeatOr. The caveat may be renewed
/ On request in writing from year to year on
payment Of further fee OF $40 for each an
nual renewal.
| Single printed copies of the specifications
and drawings Of patents are furnished to the
public for cents and If an order Is given
for all issued patents. such copies are fur
| nished for l cent each, while copies OF all
| patents in class are furnished for 2 cents
and in subclass for cents each.
Getting the Benefit of the Doubt.
1t has been the practice and the almost
continuous practice Of the patent Office to SO
conduct its affairs that invention be encour-
| aged, and, with some few exceptions it has
been the policy Of the office to give the bene-
MT OF the doubt to the inventor, for it is only
! through the issue of patent that an inven-
tor has an opportunity to demonstrate the
value Of his invention
1 ~