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

CHAPTER VIII.

Pages 148-160

194. Errors which justify disclaim-

DISCLAIMERS..

192. Statutory authorization of dis-

claimers.

193. Statutory prescriptions, rele-

vant to disclaimers.

ers.

195. Mistakes of fact, relevant to

novelty.

196. Mistakes of law, relevant to in-

vention.

197. Claims void for want of utility.

198. Combination claims.

199. Compound claims.

200. Immaterial claims.

201. Reissue claims.

202. Fraudulent or deceptive inten-

tion.

203. Effect of unreasonable delay to

file a disclaimer.

204. Beginning of unreasonable de-

lay to file a disclaimer.

205. Costs, where a necessary dis-

claimer has not been filed.

206. Extent of disclaimant's interest.

207. Construction of letters patent

after a disclaimer.

208. Disclaimers filed pending liti-

gation.

209. Disclaimers demanded by ju-

210. Beginning of the history of re- 224. Great importance of the ques-

issues.

tion.

211. First statute providing for re- 225. The text-writer's opinion of

issues, 1832.

the true answer.

212. Reissues under the Patert Act 226. The doctrine of the case of

of 1836.

Miller o. Brass Co.

213. Amendments made in the re- 227. The length of the delay con-

issue law, by the Patent Act of templated by the doctrine of

1837.

Miller v. Brass Co.

214. Reissues under the Patent Act 228. Effect of delay in other cases

of 1870.

than those of broadened claims.

215. Reissues under the Revised 229. The statute relevant to two

Statutes.

years' prior use or sale, has no

216. Subjects of reissues.

application to reissues as such.

217. The words specification," 230. Surrender of patent.

“ defective,”and insuflicient" 231. Effect of surrender with, and

defined.

also without, reissue.

218. Faults which justify reissues. 232. Reissues of reissued patents and

219. Faults in claims which justify of extended patents, but not

reissues.

of expired patents, are proper.

220. Inadvertence, accident, and 233. Same invention.

mistake.

239. Where there is neither model

221. Question of the conclusiveness nor drawing

of the Commissioner's decision 240. New matter.

relevant to existence of reissua. 242. Reissues must be for same in-

ble faults, and relevant to the vention as prior reissues, and

existence of inadvertence, acci. also for same invention as orig-

dent, or mistake.

inals.

222. The question of the last sec- 243. Legal presumption of same-

tion discussed and supported ness of invention.

in the affirmative.

244. Omission, as it affects same.

223. The same question discussed ness of invention.

and supported in the negative. 245. Reissues for sub-combinations.

246. Reissues for single devices. 250. Executors, administrators, and

247. Reissues as affected by substi. assigns may procure reissues.

tution of equivalents.

251. One of several executors may

248. Reissues entitled to a liberal

procure a reissue.

construction.

252. Rights of assignees in reissues.

249. Reissued patents may be valid 253. The rights of grantees in reis-

as to some claims while void

as to others.

254. The legal effect of reissued

sions.

255. Constitutional foundation of 264. Patent Office extensions granta-

extensions.

ble only where inventors would

256. Congressional extensions.

possess, or at least participate in,

257. Mode of Congressional exten- the benefit thereof.

sion.

265. Patent Office extension, how

258. Effect of Congressional exten-

effectuated.

266. Force of the Commissioner's

259. Patent Office extensions.

decision in extension cases.

260. Statutory foundation of Patent 267. Facts which justify extensions.

Office extensions.

268. Proceedings preliminary to ex-

261. Who might apply for Patent tensions.

Office extensions.

269. Remedy for fraud in procuring

262. Points of time whereon Pat- or in granting extensions.

ent Office extensions were grant- 270. “The benefit of the extension of

a patent shall extend to the as-

263. Patent Office extensions might signees and grantees of the right

be granted to an inventor-pat- to use the thing patented, to the

entee, even if he had parted extent of their interest therein."

with all interest in the first term 271. Adjudged meaning of the stat-

of his patent.

ute quoted in the last section.

able.

CHAPTER XI.

TITLE.

272. The nature of titles, and the

methods of their acquisition.

273. Title by occupancy.

274. Title by assignment.

275. Characteristics, authentication,

and effect of assignments.

276. Dormant assignments.

277. Assignments of rights of action

for past infringements.

Pages 205-228

278. Construction of assignments.

279. Reformation of assignments.

280. Assignments of extensions.

281. Recording and notice.

282. Warranty of title.

283. No implied warranty of validity.

284. Express warranties of validity.

285. Equitable titles, how created.

286. Equitable titles, how treated.

287. Title by grant.

288. Extra-territorial rights convey-

ed by grants.

289. Title by creditor's bill.

290. Title by bankruptcy.

291. Title by death.

292. Tenancy in common.

Joint-

tenancy.

293. Joint-tenancy, how severed.

294. Rights of tenants in common

as against each other.

296. Licenses defined and described. 303. Written and oral licenses.

297. Express licenses to make, with 304. Recording and notice.

implied leave to use, or implied 305. Licenses given by one of sev-

leave to sell the things inade.

eral owners in common, and li.

298. Express licenses to use, with censes given to one of several

implied leave to make for use. joint users.

299. Express licenses to sell, with 306. Construction of licenses.

implied leave to the vendees to 307. Warranty and eviction.

use and to sell the things they 308. Clauses of forfeiture.

purchase.

309. Effects of forfeiture.

300. Licenses to make and use, with- 310. Assignability of licenses.

out implied leave to sell.

311. Purely implied licenses.

301. Licenses to make and sell, or 312. Implied licenses from conduct,

to use and sell, with implied and first by acquiescence.

leave to the vendees to use and 313. Implied licenses from conduct,

to sell the articles they buy.

by estoppel.

302. Express licenses so restricted 314. Implied licenses from actual re-

as not to convey implied rights. covery of damages or profits.

cases.

CHAPTER XV.

QUI TAM ACTIONS......

.....Pages 251-257

324. Qui tam actions, defined and 329. The amount of the recoverable

described as they exist in the penalty.

patent laws.

330. The parties in qui tam patent

325. The wrongs which are the

foundations of such actions. 331. The forum for qui tam patent

326. The first two of those three actions.

classes of wrongs.

332. The form of the suit, and the

327. The third of those three classes requisites of a declaration, in

such an action.

328. Wrongs of either class are com- 333. Injunctions to restrain the com-

pleted when the articles are ille- mission of wrongs of either of

gally marked, without any sub- the first two classes.

sequent using or selling. 334. Appeals in qui tam patent cases.

of wrongs.

CHAPTER XVI.

INFRINGEMENT.....

335. Infringement of process pat-

ents, illustrated by the case of

Tilghman o. Proctor.

336. Illustrated by the case of Mow-

Ty 0. Whitney.

337. Illustrated by the case of Coch-

rane o. Deener.

338. Equivalents in processes.

339. Infringement of patents for

machines or manufactures.

340. Comparative results.

341. The rest of comparative modes

of operation.

342. Comparative modes of opera-

...Pages 258-292

346u. As illustrated by The Electric

Signal case.

347. Addition.

348. Transposition of parts.

349. Omission.

330. Substitution.

351. Equivalents inquired into.

352. The test of sameness of funo-

tion.

353. The test of substantial same-

ness of way of performance.

354. Question of the necessity of age

tion as illustrated by the case of

the Cawood patent.

343. As illustrated by the Driven-

in equivalents, stated and con-

sidered in the light of the

views of Justice CLIFFORD.

355. The same question considered

in the light of the cases of Mason

o. Graham and Clough v. Mfg.

Co.

356. The same question considered

in the light of sundry Circuit

Court cases.

357. The same question considered

in the light of the case of Potter

o. Stewart.

Well

cases,

344. As illustrated by Blanchard's

patent for turning irregular

forms.

345. As illustrated by Hayden's

Brass-Kettle machine.

346. As illustrated by the case of

Burr o. Duryee.

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