Congressional Edition Volume 3835

Congressional Edition Volume 3835

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...surrender of the patent, but such surrender takes effect only upon the issue of the amended patent. This provision is embodied in Eevised Statutes, sec. 4916, whicli also declares that--the specifications and claim in every such case shall be subject to revision and restriction in the same manner as original applications, - but no new matter shall be introduced into the specifications. The plain purpose of this sectiou is to give the patentee an opportunity to make valid and operative that which was before invalid and inoperative; invalid, because it claimed as new that which had been previously invented or used by the public; inoperative, because the specification was defective or insufficient. New matter cannot be introduced, nor can the scope of the invention be enlarged. All that the applicant can do is to so amend his patent as to enable him to receive 12782 20 some practical and beneficial result from his actual invention, of which he has been deprived by defects or omissions in the original patent. The object of a patentee applying for a reissue is not to reopen the question of the validity of the original patent, but to rectify any error which may have been found to have arisen from his inadvertence or mistake. But until the amended patent shall have been issued the original stands precisely as if a reissue had never been applied for, (Allen v. Kulp, (J. U., 1897, 472; 79 O. G., 1523; 160 U. S., 501, 505, ) and must be returned to the owner upon demand. The fact that the rules of the Patent Office require that the original patent should be placed in its custody for the purpose of surrendering it upon the issue of an amended patent gives that Department no right to the possession of it upon the rejection of the application for more

Product details

  • Paperback | 394 pages
  • 189 x 246 x 21mm | 703g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236573668
  • 9781236573667