Handbook of Patent Law of All Countries

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Page 78 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same ; or, Third.
Page 78 - ... or patented or described in any printed publication in any country before his invention or discovery thereof, or more than two years prior to this application, or in public use or on sale...
Page 71 - That any person or persons having discovered or invented any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter...
Page 70 - That every person or corporation who has, or shall have, purchased or constructed any newly invented machine, manufacture, or composition of matter, prior to the application by the inventor or discoverer for a patent, shall be held to possess the right to use, and vend to others to be used, the specific machine, manufacture, or composition of matter so made or purchased, without liability therefor...
Page 73 - The applicant shall make oath that he verily believes himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used, and shall state of what country he is a citizen.
Page 84 - ... the Patent Office every year. Experience shows that the most profitable patents are those which contain very little invention, and are to a superficial observer of little
Page 84 - Parties are often willing to take worthless claims, knowing them to be such, for the benefit of a mere semblance of a protection; nor is this mania for American patents to be wondered at, when we take into consideration the fact that a patent, if it is worth anything, when properly managed is worth, and can easily be sold for, from ten to fifty thousand dollars. These remarks only apply to patents of minor or ordinary value. They do not include such as the telegraph, the planing machine, and the...
Page 84 - ... consideration the fact that a patent, if it is worth anything, when properly managed is worth, and can easily be sold for, from ten to fifty thousand dollars. These remarks only apply to patents of minor or ordinary value. They do not include such as the telegraph, the planing machine, and the India rubber patents, which are worth millions each. A few cases of the first kind will better illustrate my meaning: A man obtained a patent for a slight improvement in straw-cutters, took a model of his...
Page 73 - Patents may be granted and issued or reissued to the assignee of the inventor or discoverer; but the assignment must first be entered of record in the Patent Office. And in all cases of an application by an assignee for the issue of a patent, the application shall be made and the specification sworn to by the inventor or discoverer ; and...
Page 72 - Blanchard is found substantially incorporated in the defendant's machine, then its mechanical construction, whatever it may be, is, as matter of law, but an equivalent for the mechanical construction of Blanchard's machine. No man can appropriate the benefit of the new ideas which another has originated and put into practical use, because he may have been enabled by superior mechanical skill to embody them in a form different in appearance or different in reality. For although he may not have preserved...

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