Annotated Rules of Practice in the United States Patent Office

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F.S. Drake, 1920 - Patent laws and legislation - 872 pages
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Contents

Records and Copies in Patented Cases
23
Power of Attorney
27
Substitution and Association
28
AttorneysRoom
30
Decorum and Courtesy in Business
31
Services of Senators or Representatives
32
APPLICANTS Rule 24 Who is Entitled to a Patent
33
Executors and Administrators
35
Patents to Assignees
37
Inventor Believing Himself to be First Inventor
41
Foreign Patents
43
Requisites of Application
48
Incomplete Application not Filed
52
All Parts of Application to be Filed Together
54
Detailed Description
62
Improvements
63
Reference to Drawings
127
Arrangement of Specification
128
Signature to Specification
130
Joinder of Inventions
132
vii
144
THE EXAMINATION Page
157
Division of Application
163
APPEALS TO THE EXAMINERSINCHIEF AND TO THE COMMISSIONER AND PETITIONS TO THE COM MISSIONER IN THE EX PARTE P...
165
CrossReferences in Cases Relating to Same Subject
183
Reservation Clauses not Permitted
184
Legible Writing Required
185
Officers Authorized to Administer Oaths
189
Supplemental Oath for Matter not Originally Claimed
191
The Drawing Rule 49 Drawings
194
Rule 51 Two Editions of Drawings
208
Drawings for Reissue Applications
214
Drawings Furnished by Office
215
Requisites of Model
216
Material
217
Specimens Rule 62 Specimens of the Composition
218
Order of Examination
219
Merits Treated Throughout At Last Form Insisted Upon
221
Notice of Rejection with Information and References
226
On Rejection for Want of Novelty Best References to be Cited
231
Adverse Decisions on Preliminary Questions in Ex Parte Cases
258
Right to Amend
261
Request for Reconsideration
294
Amendments to Correspond to Original Drawing or Specification
297
Inaccuracies or Prolixity
304
Specification not to be Returned
305
Amendments must be Specific
307
Specification Rewritten
308
Application Rejected on References Showing but not Claiming Invention etc
314
Abandonment
318
Amendment after Notice of Allowance without With drawal from Issue
320
DESIGNS Rule 79 Design Patents to Whom Granted
322
Terms of Design Patents
328
Proceedings
329
Arrangement of Specification
336
REISSUES Rule 85 Granting Reissue
338
Abstract of Title
345
Prerequisites
346
New Matter
348
Division of Reissue of Application
350
Reexamination of Reissue Claims
351
Interference Denned
352
From the ExaminersinChief to the Commissioner
357
When Declared
361
Preparation for Interference
363
Failure to Prepare for Interference
370
Examiner Preparing Interference Notices etc
378
Revision of Notices by Examiner of Interferences
382
Reference to Commissioner
383
Rule 102 Institution and Declaration of Interference
386
Notices to Parties
387
Motion for Postponement of Time for Filing
388
Certified Copies Used in Interference Proceedings
389
New Application for Claims not in Interference
390
Disclaimer to Avoid Interference
392
Inspection of Claims of Opposing Parties
394
Invention Shown but not Claimed in Application
397
Preliminary Statements
405
When Opened to Inspection
428
Notice to Amend
429
Motion to Amend
430
Motions to Effect Stay of Proceedings
517
Appeals from Adverse Decisions
523
Determination
540
Statutory Bar Suggested
542
Second Interference
558
Suspension of Interference for Consideration of New References
559
For Addition of New Parties
561
Nonpatentability at Final Hearing
562
Prosecution or Defense by Assignee
574
Claims of Defeated Parties after Interference
575
Appeal to ExaminersinChief
579
Prerequisites
589
Examiners Statement of Grounds of Decision
592
Appeal from ExaminersinChief to Commissioner
594
Oral Hearing before ExaminersinChief Briefs
595
Application Remanded for Reconsideration on Affi davits
596
Decisions of ExaminersinChief
597
Rehearings
603
Jurisdiction
612
Petition to Commissioner without Fee
614
APPEALS TO THE EXAMINERSINCHIEF AND TO THE COMMISSIONERS IN CONTESTED CASES Rule 143 Remedy by Appeal
622
Briefs in Appealed Cases
624
Jurisdiction
625
APPEALS TO COURT OF APPEALS OF THE DISTRICT OF COLUMBIA
626
Appeals to Court
638
Pro Forma Proceedings in Patent Office
639
Wishes of Parties and Attorneys
640
TESTIMONY IN INTERFERENCE AND OTHER CONTESTED CASES Rule 154 Notice of Taking Depositions
645
Formalities
653
Testimony Taken in one Interference may be used in Another
654
Testimony Taken in Foreign Countries
656
Evidence on Hearing
658
Subpoenas
661
Copies of Testimony
662
BRIEFS Rule 163 Size and Time of Filing Briefs
664
ISSUE Rule 164 Notice of Allowance
665
Withdrawal from Issue
666
Withdrawal from Issue will not stay Abandonment
669
Title of Invention
671
Abandoned Application
674
Revival of Application
691
New Application
695
Forfeited or Withheld Application
696
Old Application Papers may be Used in Renewal
699
Forfeited and Abandoned Applications
700
EXTENSIONS Rule 180 Extensions
703
Different Kinds of Disclaimers
705
Order for Copy of Assignment
715
Publication of Amendment
721
Appendix
729
Petition with Power of Attorney
731
By an Executor
732
By a Guardian of an Insane Person
733
For a Reissue by the Assignee
734
For Letters Patent for a Design
735
For the Renewal of a Forfeited Application
736
For a Machine
738
For a Composition of Matter
746
For a Design
748
For a Caveat
750
Oath to Accompany an Application for United States Patent for Design
752
By an Applicant for a Reissue Inventor
754
By an Applicant for a Reissue Assignee
755
Supplemental Oath to Accompany a Claim for Matter Disclosed but not Claimed in an Original Appli cation
756
Oath as to the Loss of Letters Patent
757
Oath of Administrator as to the Loss of Letters Patent
758
Revocation of Power of Attorney
759
Amendment
760
Disclaimer during Interference
761
From a Principal Examiner to the ExaminersinChief
762
Petition from a Principal Examiner to the Commissioner
764
Assignments
772
Notice of Taking Testimony
778
Appeals from the Commissioner of Patents
786
Form of Notice of Appeal to the Court of Appeals
792
Rules 1136
798
From the Examiner in Charge of Interferences to the Ex aminersinChief 762
805
Appendix D
820
From the ExaminersinChief to the Commissioner in Ex Parte Cases 762
841
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Page 323 - 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 853 - Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an exclusive right under his patent to the whole or any specified part of the United States.
Page 707 - 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 33 - Office to 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...
Page 851 - Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inventor or discoverer...
Page 828 - This provision of the Act of 1836 was in turn superseded by 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...
Page 775 - Now, therefore, for and in consideration of the sum of dollars to me in hand paid...
Page 323 - ... not patented or described in any printed publication in this or any foreign country, before his 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 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 proceeding had, obtain a patent therefor.
Page 52 - ... after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was unavoidable...
Page 461 - Motions to dissolve an interference upon the ground that no interference in fact exists, or that there has been such irregularity in declaring the same as will preclude a proper determination of the...

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