Text-book of the Patent Laws of the United States of America |
From inside the book
Results 1-5 of 78
Page xix
... evidence . 491. Letters patent as evidence . 492. Reissue letters patent are pri- ma facie evidence of their own validity . 493. Extensions of patents are prima · facie evidence of their own va- lidity . 494. Letters patent presumed to ...
... evidence . 491. Letters patent as evidence . 492. Reissue letters patent are pri- ma facie evidence of their own validity . 493. Extensions of patents are prima · facie evidence of their own va- lidity . 494. Letters patent presumed to ...
Page xxi
... Evidence in support of the bills 637. Evidence in support of de- 638. Testimony . [ fences . 639. Depositions . 640. Depositions taken in other cases . 641. Documentary evidence . 642. Trial by jury in equity cases . 643. Hearings by ...
... Evidence in support of the bills 637. Evidence in support of de- 638. Testimony . [ fences . 639. Depositions . 640. Depositions taken in other cases . 641. Documentary evidence . 642. Trial by jury in equity cases . 643. Hearings by ...
Page xxiv
... Evidence before masters . 741. Objections to evidence before masters . 742. Questions of the extent of the defendant's infringement . 743. Questions relevant to different sorts of defendant's alleged in- fringement . 744. Master's ...
... Evidence before masters . 741. Objections to evidence before masters . 742. Questions of the extent of the defendant's infringement . 743. Questions relevant to different sorts of defendant's alleged in- fringement . 744. Master's ...
Page 48
... evidence that he who made and abandoned an application for a patent , made also some effort to carry his invention into practical use , then that application is admissible in evidence to aid the court to de- termine the date and the ...
... evidence that he who made and abandoned an application for a patent , made also some effort to carry his invention into practical use , then that application is admissible in evidence to aid the court to de- termine the date and the ...
Page 56
... evidence of the dates of invention , the first application must be taken to represent the first invention ; " because the fact of an identical inventor is evidence , in such cases , that the date of invention was identical . No man can ...
... evidence of the dates of invention , the first application must be taken to represent the first invention ; " because the fact of an identical inventor is evidence , in such cases , that the date of invention was identical . No man can ...
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Common terms and phrases
15 Howard 17 Blatch action at law alleged application assignment assumpsit Bann Bate Refrigerating Co bill Circuit Court claim Commissioner of Patents common law composition of matter constitute constructive abandonment court of equity decided decision defence disclaimer doctrine equity equivalent estoppel evidence exclusive right executor extension fact filed Fisher function Goodyear granted held inadvertence infringement inoperative invalid inventor issue Judge jurisdiction jury Justice letters patent license machine McArthur's Patent ment mode of operation Morse negatived obiter dictum original patent particular Patent Act patent laws Patent Office patent right patented invention patented thing person plaintiff plea pleading prior question Railroad Railroad Co reason reissued patent relevant result Revised Statutes rights of action rule Section sell specification specimen Statutes at Large statutory substantially suit Supreme Court surrender thereof tion utility validity void Vulcanite Wallace
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...