The Law of Patents for Designs: With Particular Reference to the Practice which Obtains in the Prosecution of Applications for Design Patents in the United States Patent Office as Shown by the Rules and Decisions

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J. Byrne & Company, 1914 - Design protection - 134 pages
 

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Page 8 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof...
Page 62 - We hold, therefore, that if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same — if the resemblance is such as to deceive such an observer, inducing him to purchase one, supposing it to be the other, the first one patented is infringed by the other.
Page 8 - ... invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years...
Page 8 - ... prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings had, obtain a patent therefor.
Page 105 - ... in public use or on sale in the United States for more than two years prior to this application...
Page 7 - ... a foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery...
Page 104 - Watchj-Cases, of which the following is a specification, reference being had to the accompanying drawing, forming part thereof.
Page 8 - ... effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed...
Page 80 - ... shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery.
Page 44 - The exercise of the inventive or originative faculty is required, and a person cannot be permitted to select an existing form and simply put it to a new use any more than he can be permitted to take a patent for the mere double use of a machine. If, however, the selection and adaptation of an existing form is more than the exercise of the imitative faculty and the result is in effect a new creation, the design may be patentable.

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