Sidebilder
PDF
ePub

Specification for a Machine.

of the invention], which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the acts of Congress in that case made and provided; he having paid fifteen dollars into the treasury, and complied with the other provisions of the said acts. A. B.

of

1120. General Form of Specification for a New Machine.(b)

BE IT KNOWN, that I, A. B., of

[ocr errors]
[ocr errors]

in the county of , and State

have invented a new and useful machine for [state the use and title of the machine], * and I do hereby declare that the following is a full, clear and exact description of the construction and operation of the same;

(b) The applicant must set forth in his specification the precise invention for which he claims a patent.

In all applications for mere improvements, the specification must distinguish between what is admitted to be old and what is described and claimed to be the improvement, so that the office and the public may understand exactly for what the patent is granted.

Two or more distinct inventions may not be claimed under one application for letters patent. No positive rules for guidance can be laid down on this point; but in general, where there are several parts or elements of a machine, art, process, manufacture or composition of matter, having no necessary or dependent connection with each other, and each susceptible of separate and distinct use or application, either by itself or in other connections, all set forth and claimed under one application for letters patent, the Patent Office requires the party to divide the application and confine the claim to whichever invention he may elect. Where a principle of operation or construction is invented or discovered, the party is allowed to claim the principle broadly, and one mode of carrying it into operation.

The specification must be signed by the inventor (or if the inventor be dead, by his executor or administrator). It should describe the sections of the drawings (where there are drawings), and refer by letters and figures to the different parts. It must be attested by two witnesses.

The substantial requisites of the specification are set forth in the act of Congress of July 4, 1886; section six of which prescribes, that "before any inventor shall receive a patent for any such new invention or discovery, he shall deliver a written description of his invention or discovery, and of the manner and process of making, constructing, using and compounding the same, in such full, clear and exact terms, avoiding unnecessary prolixity, 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; and in case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement or combination which he claims as his own invention or discovery. He shall, furthermore, accompany the whole with a drawing or drawing, and written references, where the nature of the case admits of drawings; or with specimens of ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention or discovery is of a composition of matter; which descriptions and drawings, signed by the inventor, and attested by two witnesses, shall be filed in the Patent Office; and he shall, moreover, furnish a model of his invention, in all cases which admit of a representation by model, of a con

Drawings and Models.

reference being had to the annexed drawings, making a part of this precation-in which, figure one is a perspective view; figure two a longitudina elevation; figure three a transverse section, etc. [thus describe all the sec’ins of the drawings, and then refer to the parts by letters].

[Then follows the description of the construction and operation of tha machine; and lastly the claim, which should express the nature and characte of the invention, and identify the parts claimed separately or in combinaʻin

venient size to exhibit advantageously its other soft wood, it should be p several parts."

The drawings must be signed by the applicant, and attested by two witnesses. They must be neatly and artistically executed in fast colors, on one or more sheets separate from the specification, the size of the sheets to be twenty inches from top to bottom, and fifteen across, this being the size of the patent. One of these drawings, to be kept in the office for reference, must be on thick drawingpaper, sufficiently stiff to support itself upright in the portfolios. Tracings upon cloth, pasted upon thick paper, will not be admitted. The other drawing, which is to be attached to the patent, must have a margin of one inch at least for that purpose on the right-hand side, and should be on tracing muslin, which will bear folding and transportation, and not on paper. The drawings should generally be in perspective, with such detached sectional and plane views as to clearly show what is the invention, its construction and operation. All thick drawings should be colored and shaded; and when different materials are united in a machine, as steel and iron, or wood and metal, the distinction should be indicated by different colors on the drawings. Each part must be distinguished by the same number or letter, whenever that part is delineated in the drawings.

Applicants are advised to employ competent artists to make the drawings, which will be returned if not executed in conformity with these rules. Thick drawings should never be folded for transmission.

A model is required in every case where the nature of the invention admits of such illustration.

The model must be neatly and substantially made of durable material, and not more than one foot in length or in height, unless a larger model is necessary to exhibit the invention. If made of pine or

stained or varnished. Models Bed a exhibits, in interference and other may be returned to the applicant, at thi discretion of the commissioner.

A working model is always desaslı, in order to enable the office fa readily to understand the precise per tion of the machine. The name of the inventor (and also of the assignee, f invention has been assigned), and as the title of the invention, must be re upon it in a permanent manner. When the invention is a composition a matter, a specimen of each of the gredients and of the composition as accompany the application, and the nat of the inventor and of the assigne there be one) must be permanenty thereto.

When a work of design can be sa ficiently represented by a drawing a model will not be required.

Photographs are admitted for the las tration of works of design, and must be pasted on thick drawing-paper and trading muslin, of the size prescribed for drașings; but in every case where this of illustration is employed by an appa for a patent, he will be required to depos in the office the glass or other "negative" from which the photograph is printed, s that exact official copies may be mad therefrom when desirable.

It is strongly recommended thst every thing needed to make the applicatist complete, the petition, specification and oath, the drawings and models, or specmens of ingredients, and the fee, or Und States officer's receipt for payment of the amount, should all be forwarded ston and the same time. No advantage > gained by forwarding one before anche, as no application is put upon file in tat office for examination, until all have beea received.

[ocr errors]

Specification for an Improvement.

1121. General Form of Specification for an Improvement Upon an Existing

Machine.

BE IT KNOWN, that I, A. B., of in the county of

[ocr errors]
[ocr errors]

and State of , have invented a new and useful improvement on a [or, on the] machine, etc. [continue as in preceding form from the *, except that in stating the claim, the existing machine should be disclaimed, and the claim confined to the improvement].

1122. Example of a Specification for an Improvement in the Steam-Engine.(c)
TO ALL WHOM IT MAY CONCERN:

of

in the county of V in the State

[ocr errors]

Be it known, that I, A. B., of
have invented a new and improved mode of preventing steam-
boilers from bursting; and I do hereby declare that the following is a full
and exact description thereof, reference being had to the accompanying
drawings, and to the letters of reference marked thereon.

The nature of my invention consists in providing the upper part of a
steam-boiler with an aperture in addition to that for the safety-valve; which
aperture is to be closed by a plug or disk of alloy, which will fuse at any
given degree of heat, and permit the steam to escape, should the safety-
valve fail to perform its functions.

To enable others skilled in the art to make and use my invention, I will proceed to describe its construction and operation. I construct my steamboiler in any of the known forms, and apply thereto gauge-cocks, a safetyvalve, and the other appendages of such boilers; but, in order to obviate

4, 1836, prescribes the general requisites
of the oath, as follows: The applicant
shall make oath or affirmation that he
does verily believe that he is the original
and first inventor or discoverer of the art,
machine, composition or improvement,
for which he solicits a patent; and that he
does not know or believe that the same
was ever before known or used; and also
of what country he is a citizen; which
oath or affirmation may be made before
any person authorized by law to admin-
ister oaths.

(c) The chief demand for pains and skill in the preparation of patent papers is in the drafting the specification and claim. It is impracticable, however, to give forms which can be of much aid as guides in this part of the work, since every part of the phraseology employed depends on the character and peculiarities of the invention to be patented. A thorough and exact knowledge of the nature of the invention, a general acquaintance with the branch of art or science to which it belongs, or with which it is most nearly connected, a conversance with existing By section 4 of the act of Congress of inventions in the same department, and August 29, 1842, it is enacted, that the habits of clearness, conciseness and ac- oath required for applicants for patents curacy, in the use of terms of art and may be taken, when the applicant is not, science, are indispensable to success in for the time being, residing in the United this branch of drafting. The forms given States, before any, minister plenipotenin the text follow closely those which have tiary, chargé d'affaires, consul or combeen officially issued by the Patent office, mercial agent, holding commission under and will show the general outline to be the Government of the United States, or adopted. before any notary public of the foreign Section 6 of the act of Congress of July country in which such applicant may be.

[ocr errors]

Oath.

Petition.

the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing; and in this opening I insert a plug or disk of fusible alloy, securing it in its place by a metal ring and screws, or otherwise. In general, I compose this fusible metal of a mixture of lead, tin and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam; it will, of course, vary with the pressure the boiler is intended to sustain.

I surround the opening containing the fusible alloy by a tube B, intended to conduct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt and allow the steam to escape freely, thereby securing it from all danger of explosion.

WHAT I CLAIM as my invention, and desire to secure by letters patent, is the application to steam-boilers of a fusible alloy which will melt at a given temperature and allow the steam to escape, as herein described, using for the purpose the aforesaid metallic compound, or any other substantially the same, and which will produce the intended effect.

Witnesses:

M. N.
O. P.

A. B.

STATE OF

County of
On this

[ocr errors][merged small]

day of

1123. Oath; By a Citizen.

[ocr errors]

, per

18 before me, the subscriber, a sonally appeared the within-named A. B., and made solemn oath [or, affirmation] that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting; and that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States.

[Signature of officer.]

1124. Oath by an Alien who has Taken Steps to Become Naturalized.(d) [As in the preceding form to the *, continuing thus:] a native of the kingdom of ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country.

[Signature of officer.]

[merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small]

THAT your petitioner has invented or produced a new and original design

(d) If the applicant is an alien, not residing in the United States, or if he has not taken the necessary steps to become

naturalized, the oath should be modified accordingly.

(e) Patents for designs are granted un

Specification for Design.

for [state the general nature of the design], which he verily believes has not been known prior to the production thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, for the term of three and a half [or, seven, or, fourteen] years, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the act of Congress in that case made and provided, he having paid ten [or, fifteen, or, thirty] dollars into the treasury, and complied with the other provisions of the said act.

A. B.

1126. Specification for a Design.

TO ALL WHOM IT MAY CONCERN:

of

Be it known, that I, A. B., of the town [or city] of

and State of

[ocr errors]
[ocr errors]

in the county

have originated and designed a new pattern [for carpets or other fabrics, or, a design for a trade-mark], of which the following is a full, clear and exact description, reference being had to the accompanying specimens or drawings, making part of this specification.

[Here give a description of the design, with references to the specimen or drawing, concluding with a "claim," as follows:] WHAT I CLAIM as my invention, and desire to secure by letters patent, is the design or pattern [for carpets or other fabrics, or, the design for a trade-mark] herein set forth. Witnesses:

M. N. O. P.

der section 7 of the act of Congress of March 2, 1861. It provides that any citizen or citizens, or alien or aliens, having resided one year in the United States, and taken the oath of his or their intention to become a citizen or citizens, who by his, her or their own industry, genius, efforts and expense, may have invented or produced any new and original design for a manufacture, whether of metal or other material or materials, any original design for a bust, statue, or bas-relief, or composition in alto or basso relievo, or any new and original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern, or print, or picture, to be either worked into or worked on, or printed, or painted, or cast, or otherwise fixed on any article of manufacture, or any new and original shape or configuration of any article of manufacture, not known or used by others before his, her or their invention or production thereof, and prior to the time of his, her or their application

A. B.

for a patent therefor, and who shall desire to obtain an exclusive property or right therein to make, use, and sell and vend the same, or copies of the same to others, by them to be made, used and sold, may make application in writing to the commissioner of patents, expressing such desire; and the commissioner, on due proceedings had, may grant a patent therefor, as in the case now of application for a patent, for the term of three and one-half years, or for the term of seven years, or for the term of fourteen years, as the said applicant may elect in his application: Provided, That the fee to be paid in such application shall be for the term of three years and six months, ten dollars; for seven years, fifteen dollars; and for fourteen years, thirty dollars: And provided, That the patentees of designs under this act shall be entitled to the extension of their respective patents, for the term of seven years from the day on which said patents shall expire, upou the same terms and restrictions as are now provided for the extension of letters patent.

« ForrigeFortsett »