How To Obtain A Patent
Patents are issued in the name of the United States, and under the seal
of the Patent Office. A patent is a grant by the Government to the
inventor, his heirs or assigns, for a limited period, of the exclusive
right to make, use or sell any new and useful art, machine, manufacture
or composition of matter, or any new and useful improvement thereof, or
any new, original and ornamental design for any article of manufacture.
Every patent contains a grant to the patentee, his heirs or assigns, for
the term of seventeen years, of the exclusive right to make, use and
vend the invention or discovery throughout the United States and the
Territories, referring to the specification for the particulars thereof.
If it appears that the inventor, at the time of making his application,
believed himself to be the first inventor or discoverer, a patent will
not be refused on account of the invention or discovery, or any part
thereof, having been known or used in any foreign country before his
invention or discovery thereof, if it had not been before patented or
described in any printed publication.
Joint inventors are entitled to a joint patent; neither can claim one
separately. Independent inventors of distinct and independent
improvements in the same machine cannot obtain a joint patent for their
separate inventions; nor does the fact that one furnishes the capital
and another makes the invention entitle them to make application as
joint inventors; but in such case they may become joint patentees.
Application for a patent must be made in writing to the Commissioner of
Patents, from whom blanks and printed instructions can be obtained by
mail.
REISSUES.--A reissue is granted to the original patentee, his legal
representatives, or the assignees of the entire interest, when, by
reason of a defective or insufficient specification, or by reason of the
patentee claiming as his invention or discovery more than he had a right
to claim as new, the original patent is inoperative or invalid, provided
the error has arisen from inadvertence, accident or mistake and without
any fraudulent or deceptive intention.
CAVEATS.--A caveat, under the patent law, is a notice given to the
office of the caveator's claim as inventor, in order to prevent the
grant of a patent to another for the same alleged invention upon an
application filed during the life of the caveat without notice to the
caveator.
Any citizen of the United States who has made a new invention or
discovery, and desires further time to mature the same, may, on payment
of a fee of $10, file in the Patent Office a caveat setting forth the
object and the distinguishing characteristics of the invention, and
praying protection of his right until he shall have matured his
invention. Such caveat shall be filed in the confidential archives of
the office and preserved in secrecy, and shall be operative for the term
of one year from the filing thereof.
An alien has the same privilege, if he has resided in the United States
one year next preceding the filing of his caveat, and has made oath of
his intention to become a citizen.
The caveat must comprise a specification, oath, and, when the nature of
the case admits of it, a drawing, and, like the application, must be
limited to a single invention or improvement.
FEES.--Fees must be paid in advance, and are as follows. On filing each
original application for a patent, $15. On issuing each original patent,
$20. In design cases: For three years and six months, $10: for seven
years, $15; for fourteen years, $30. On filing each caveat, $10.
On every application for the reissue of a patent, $30. Added to these
are the usual charges of patent solicitors for preparing the application
and for drawings etc.
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