Text-book of the Patent Laws of the United States of America

Front Cover
L.K. Strouse & Company, 1889 - Patent laws and legislation - 769 pages
 

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Contents

Comparative dates anticipating matter is imma
44
Novelty defined 63 Abandoned experiments
53
Qualification of the last rule 68 Novelty not negatived by any
59
Patent rights are beyond State 174 The description
60
UTILITY Pages 6267
62
ABANDONMENT Pages 6882
68
CHAPTEE VL
83
Constructive abandonment be ter application and before issue
93
Constituents of applications 131 Notification of rejection
109
The detailed description of the 137 When an applicant may amend
115
120a Claims in design patents sioner in interference cases
121
Models tive abandonment of inven
127
CHAPTEE VII
148
Patent rights are not subject 176 The claim or claims
156
Reissued patents may be valid 253 The rights of grantees in reis
161
Duration of patents tion
162
Beginning of the terms of 191 Letters patent are constructive
170
DISCLAIMERS Pages 148160
192
CHAPTER X
193
Effect of unreasonable delay to 209 Disclaimers demanded by
203
TITLE Pages 205228
205
REISSUES Pages 161192
210
Subjects of reissues application to reissues as such
216
Zusi 5 Bann Ard
219
The question of the last sec 243 Legal presumption of same
222
LICENSES Pages 229242
229
Howard 19 Fed Rep 403 441
238
INTERFERING PATENTS Pages 243248 4
243
REPEAL OF PATENTS Pages 249250
249
QUI TAM ACTIONS Pages 251287
251
Review of the question consid ing Co v The Sullivan Machine
258
Adams t Iron Co 26 Fed Rep 441 442
269
The nature of titles and the 278 Construction of assignments
272
Illustrated by the case of the necessary element in its
287
CHAPTER XVII
293
Adams e Stamping Co 25 Fed Rep 308 364
308
Murray 105 U S 120 221 222
316
The first two of those three actions
326
The question of the applicabil ity of State statutes of limita tion to rights of action for in fringements committed after June 22 1874
327
Crossexamination of experts 502 Evidence of damages 503 Defendants evidence in chief 504 Evidence to sustain the first defence 505 To sustain the...
328
INFRINGEMENT Pages 253292
333
Comparative results ness of way of performance
340
As illustrated by the case of in the light of the case of Potter
346
The twentysixth defence
394
The twentyseventh defence
395
Owuers in common as joint fendants in actions based on
399
ACTIONS AT LAW Pages 326411
411
The generic measure of dam ages 556 Established royalties as specific measures of damages 557 Tests applied to royalties on behalf of defendants 53...
412
Actions of trespass on the case 422 Declarations in trespass on
418
CHAPTER XX
426
to supplemental bills and to bills in the nature of supple mental bills 632 Hearings 633 Interlocutory hearings 634 Questions of law arising on hearin...
427
The title of the court Pages 426480
431
The prayer for relief 581 The interrogating part
432
The prayer for process
433
Allen t Deacon 21 Fed Rep 844
446
Stowell 5 Bann Ard
471
INJUNCTIONS Pages 481517
481
Allis b Stowell 16 Fed Rep
511
In respect of being adequate to equitable doctrines and princi
518
Recoverable profits may result 740 Evidence before masters
531
How testimony is taken in ac tions at
535
When the judge may direct the jury to return a verdict for the defendant
536
THE PATENT STATUTES
553
Patent Act of 1790 553 Patent Act of 1849 597
565
The signature
569
The oath
574
Bills to perpetuate testimony
585
SECTION SECTION
594
Models of designs
601
THE REVISED STATUTES Pages 634660
634
Copies of foreign letters 4908 Penalty for failingtoattend
635
Jurisdiction to grant injunc 680 Averting effect of public
658
FORMS OF PATENT PLEADINGS
662
Temporary restraining orders generally follow a cause and
664
REPLICATION 668
668
Public acquiescence need not 688 Bonds required from complain
670
PLEA IN EQUITY 675
675
Infringements granting or refusing injunc
676
REPLICATION IN EQUITY 681
681
EQUITY EULES Pages 682713
694
Reinstatement of dissolved in 704 Dissolution of permanent
695
Cessation of infringement no vacation
701
PROFITS Pages 518550
711
Defendants profits in cases of 722 Cases where no separation
717
Affirmative gain 742 Questions of the extent of
729

Common terms and phrases

Popular passages

Page 644 - ... in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 647 - An assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless It is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Page 649 - Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be. The question of priority of invention...
Page 333 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 185 - ... but no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Page 365 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 642 - ... in his specification claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented , of which he was not the first...
Page 652 - ... to receive a patent for his invention, as specified in his claim or for any part thereof, as the facts in the case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the commissioner to issue such patent on the applicant filing in the Patent Office a copy of the adjudication and otherwise complying with the requirements of law.
Page 648 - 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. S>uch 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.
Page 697 - In all cases where it shall appear to the court that persons, who might otherwise be deemed proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the Court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the Court, the Court may, in its discretion, proceed in the cause without making such persons parties ; and in such cases the decree shall be without prejudice...

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