Manual of Patent Law; With an Appendix Upon the Sale of Patents

Manual of Patent Law; With an Appendix Upon the Sale of Patents

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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. 1874 edition. Excerpt: ...can not be amended by the original specification, but only by each other. The rule is, that the patentee is entitled to describe, show, and claim in his re-issued description, drawings, and claim, anything that he might have legally shown, described, and claimed at the time he made his original application,2 such rights to be based upon the model and drawings filed with his original application. A patent may be re-issued, with proper intent, any number of times.3 A patent may be re-issued as well during an extended term as during an original term.4 According to the provisions of the Act of July 8, 1870, the application for re-issue can only be made by the original inventor, if living, by and with the consent of the assignee of the whole patent, if the patent has been assigned; but, by a later act, the assignee can, without the co-operation of the inventor, make the application, when the assignment was made prior to July 8, 1870. All owners of undivided interests in a patent must join in its surrender. It is not in the power of a patentee, by a re-issue of his patent, to affect the rights of other parties, to whom an 1 Chicago F. H. Co. vs. Bnsch, 4 Fisher's Pat. Cases, 395. Buerk vs. Valentine, 5 Fisher's Pat. Cases, 366. 2 Smith vs. Whisen, 3 Fisher's Pat. Cases, 343, 3 Potter vs. Holland, 1 Fisher's Pat. Cases, 327. 4 Gipson vs. Harris, 1 Blatchford, 167. interest in the whole or a part of the patent has previously passed, without their consent; but such consent can be given before or after the re-issue. A person to whom an interest in the original patent has passed, as a licensee or a grantee, is entitled to the same rights under a re-issue that he had under the original; but he may choose to retain his rights under the old patent, and the more

Product details

  • Paperback | 72 pages
  • 189 x 246 x 4mm | 145g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236519388
  • 9781236519382