Page images
PDF
EPUB

ing as his invention or discovery more than he had a right to claim as new, the original patent is inoperative or invalid, provided the error has arisen. from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention.

INTERFERENCES.

An interference is a proceeding instituted for the purpose of determining the question of priority of invention between two or more parties claiming substantially the same patentable invention. The fact that one of the parties has already obtained a patent will not prevent an interference; for, although the Commissioner has no power to cancel a patent, he may grant a patent for the same invention to another person who proves to be the prior inventor.

Interferences will be declared in certain cases, when all the parties claim substantially the same patentable invention.

APPEALS.

Every applicant for a patent or the reissue of a patent, any of the claims of whose application have been twice rejected upon grounds involving the merits of the invention, such as lack of novelty or utility, abandonment, public use, or want of identity of invention, either in amended or in reissue applications, may appeal from the decision of the primary examiner to the board of examiners-in-chief, having once paid a fee of ten dollars. The appeal must be made in writing, signed by the party, or his duly authorized agent or attorney, setting forth the points of the decision upon which the appeal is taken and duly filed.

HEARINGS AND INTERVIEWS. Hearings will be had by the Commissioner at Io o'clock a.m., and by the board of examiners-in-chief and the examiner of interferences at 1 o'clock p.m., on the day appointed, unless some other hour be specially designated.

DATE, DURATION, AND FORM OF

PATENTS.

Every patent will bear date as of a day not later than six months from the time at which the application was passed and allowed and notice thereof was mailed to the applicant or his agent, if within that period the final fee be paid to the Commissioner of

Patents, or if it be paid to the treasurer, or any of the assistant treasurers or designated depositaries of the United States, and the certificate promptly forwarded to the Commissioner of Patents; and if the final fee be not paid within that period, the patent will be withheld.

A patent will not be antedated.

Every patent will contain a short title of the invention or discovery, indicating its nature and object, and a grant to the patentee, his heirs and assigns, for the term of seventeen years, of the exclusive right to make, use, and vend the invention or discovery throughout the United States and Territories thereof.

EXTENSIONS.

No patent granted since March 2, 1861, can be extended, except by act of Congress.

CAVEATS.

A caveat, under the patent law, is a notice given to the office of the caveator's claim as inventor, in order to prevent the grant of a patent to another for the same alleged invention upon an application filed during the life of the caveat without notice to the

caveator.

Any citizen of the United States who has made a new invention or discovery and desires further time to mature the same, may, on payment of a fee of ten dollars, file in the patent 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. Such 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.

ASSIGNMENTS.

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.

OFFICE FEES.

Nearly all the fees payable to the patent office are positively required by law to be paid in advance

[blocks in formation]

On filing every application for an extension. On the grant of every extension.!.... On filing an appeal from a primary examiner to the examiners-in-chief.... On filing an appeal to the Commissioner from the examiners-in-chief... For certified copies of patents or other instruments, except copies of printed patents sold by the office, for every 100 words... For certified copies of printed patents sold by the office, 10 cents for every 100 words, less the price actually paid for such copies without certification.

For certified copies of drawings, the reasonable cost of making them.

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

00 01$

5 00

20 00 IO OO

15 00

20 00

IO OO 30 00

30 00 50 00 50 00

IO OO

20 00

ΙΟ

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

No person will be allowed to make copies or tracings from the files or records of the office. Such copies will be furnished, when ordered, at the rates already specified.

The money required for office fees may be paid to the Commissioner, or to the treasurer, or any of the assistant treasurers of the United States, or to any of the designated depositaries, national banks, or receivers of public money, designated by the secre tary of the treasury for that purpose, who shall give the depositor a receipt or certificate of deposit therefor, which shall be transmitted to the patent office. When this cannot be done without much inconvenience, the money may be remitted by mail, and in every such case the letter should state the exact amount inclosed. Letters containing money may be registered. Post-office money-orders now afford a safe and convenient mode of transmitting fees. All such orders should be made payable to the "Commissioner of Patents."

All money sent by mail, either to or from the patent office, will be at the risk of the sender.

REPAYMENT OF MONEY.

Money paid by actual mistake, such as a payment in excess, or when not required by law, or by neglect or misinformation on the part of the office, will be refunded.

PUBLICATIONS.

The "Official Gazette," a weekly publication which has been issued since 1872, takes the place of the old "Patent-Office Report." It contains the claims of all patents issued, including reissues, with portions of the drawings selected to illustrate the claims, and also lists of design patents, together with decisions of the courts and of the Commissioner, and other special matters of interest to inventors.

[graphic][subsumed]

GENERAL FORM OF AGREEMENT.

THIS AGREEMENT, made the first day of May, one thousand eight hundred and eighty-two, between JOHN DOE, of the city of Hartford, in the county of Hartford, and State of Connecticut, of the first part, and RICHARD ROE, of the village of Windsor, in said county and State, of the second part

WITNESSETH, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part, hereinafter contained, doth covenant and agree to and with the said RICHARD ROE, that [here insert the agreement on the part of John Doe].

And the said RICHARD ROE, in consideration of the covenants on the part of the party of the first part, doth covenant and agree to and with the said JOHN DOE, that [here insert the agreement on the part of Richard Roe].

In witness whereof, we have hereunto set our hands and seals, the day and year first above written,

[blocks in formation]
[ocr errors]

MEMORANDUM of an agreement made this 15th day of November, in the year 1882, between JOHN SMITH, Jeweler, of the city of New York, and HENRY BROWN, Merchant, of the same city, witnesseth-That the said JOHN SMITH agrees to sell, and the said HENRY BROWN agrees to purchase, for the price or consideration of -dollars, the house and lot known and distinguished as number ninety-nine, in street, in the said city of New York. The possession of the property is to be deliv. ered on the first day of May next, when twenty-five per cent. of the purchase-money is to be paid in cash, and a bond and mortgage on the premises, bearing seven per cent. interest, payable in five years (such interest payable quarterly), is to be executed for the balance of the purchase-money, at which time also a deed of conveyance in fee simple, containing the usual full covenants and warranty is to be delivered, executed by the said JOHN SMITH and wife, and the title made satisfactory to the said HENRY BROWN; it being understood that this agreement shall be binding upon the heirs, executors, administrators, and assigns of the respective parties; and also that the said premises are now insured for dollars, and, in case the said house should be burnt before the said first day of May next, that the said JOHN SMITH shall hold the

said Insurance in trust, and will then transfer the same to said HENRY BROWN with the said deed.

In Witness, &c. [as in General Form].

[ocr errors]
[ocr errors]

AGREEMENT FOR THE SALE OF REAL ESTATE. ARTICLES of agreement made and entered into this- day of― between A. B. of of the one part, and C. D. of, of the other part, as follows: The said A. B. doth hereby agree with the said C. D. to sell him the lot of ground [here describe it], for the sum of; and that he, the said A B., shall and will, on the day of next, on receiving from the said C. D. the said sum, at his own cost and expense, execute a proper conveyance for the conveying and assuring the fee simple of the said premises to the said C. D., free from all encumbrances, which conveyance shall contain a general warranty and the usual full covenants. And the said C. D. agrees with the said A. B. that he, the said C. D., shall and will, on the said - day of next, and on execution of such conveyance, pay unto the said A. B. the sum of aforesaid. And it is further agreed between the parties aforesaid, as follows: The said A. B. shall have and retain the possession of the property, and receive and be entitled to the rents and profits thereof, until the said -day of next; when, and upon delivery of the conveyance, the possession is to be delivered to the said C. D. And it is understood that the stipulations aforesaid are to apply to and to bind the heirs, executors, and administrators of the respective parties. And in case of failure, the parties bind themselves each unto the other in the sum of, which they hereby consent to fix and liquidate the amount of damages to be paid by the failing party for his non-performance. In witness, &c. [as in General Form].

[ocr errors]
[ocr errors]

AGREEMENT FOR BUILDING A HOUSE. MEMORANDUM.-That on this- --day of - -, it is agreed between A. B. and C. D., of -, in manner following, viz.: the said C. D., for the considerations hereinafter mentioned, doth for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors, administrators, and assigns, that he the said C. D. or his assigns shall and will, within the space of next after the date hereof, in a good and workmanlike manner, and at his own proper charge and expense, at, well and substantially erect, build, and finish, one house, or messuage, according to the draught, scheme, and explanation hereunto annexed, with such stone, brick, timber, and other materials, as the said A. B. or his assigns shall find and provide for the same. In consideration whereof, the said A. B. doth for himself, his executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, well and truly to pay unto the said C. D., bis executors, administrators, and assigns, the sum of of lawful money of -in manner following, viz.: -part

thereof at the beginning of the said work; ——— another part thereof when the said work shall be half done; and the remaining -in full for the said work, when the same shall be completely finished: And also that he, the said A. B., his executors, administrators, or assigns, shall and will from time to time, as the same small be required, at his and their own proper expense, find and provide stone, brick, timber, and other materials necessary for making, building, and finishing the said house. And for the performance of all and every the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind themselves, their executors, administrators, and assigns, each to the other, in the penal sum of firmly by these presents.

In witness, &c. [as in General Form].

AGREEMENT TO BE SIGNED BY AN AUCTIONEER, AFTER A SALE OF LAND AT AUCTION.

I HEREBY acknowledge that A. B. has been this day declared by me the highest bidder and purchaser of [describe the land], at the sum of dollars [or, at the sum of -dollars cents per acre or foot], and that he has paid into my hands the sum of, as a deposit, and in part payment of the purchase money; and I hereby agree that the vender, C. D., shall in all respects fulfill the conditions of sale hereunto annexed. Witness my hand, at - on the day of -, A.D.

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

Whereas, it is the intention of the said parties to form a copartnership, for the purpose of carrying on the retail business of booksellers and stationers, for which purpose they have agreed on the following terms and articles of agreement, to the faithful performance of which they mutually bind and engage themselves each to the other, his executors and administrators..

and com

First. The style of the said copartnership shall be “. pany;" and it shall continue for the term of -———————— years from the above date, except in case of the death of either of the said parties within the said term.

Second. The said A. B. and C. D. are the proprietors of the stock, a schedule of which is contained in their stock book, in the proportion of two thirds to the said A. B., and of one third to the said C. D.; and the said parties shall continue to be owners of their joint stock in the same proportions; and in case of any addition being made to the same by mutual consent, the said A. B. shall advance two thirds, and the said C. D. one third of the cost thereof.

Third. All profits which may accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or accident, and all expenses of the business, shall be borne by the said parties in the aforesaid proportions of their interest in the said stock.

Fourth. The said C. D. shall devote and give all his time and attention to the business of the said firm as a salesman, and generally to the care and superintendence of the store; and the said A. B. shall devote so much of his time as may be requisite, in advising, overseeing, and directing the importation of books and other articles necessary to the said business.

Fifth. All the purchases, sales, transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal representatives respectively. An account of stock shall be taken, and an account between the said parties shall be settled, as often as once in every year, and as much oftener as either partner may desire and in writing request.

Sixth. Neither of the said parties shall subscribe any bond, sign or endorse any note of hand, accept, sign, or endorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party; nor shall either party lend any of the funds of the sopartnership without such consent of the other partner.

Sevent No importation, or large purchase of books or other things,

shall be made, nor any transaction out of the usual course of the retail business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, the other partner.

Eighth. Neither party shall withdraw from the joint stock, at any time, more than his share of the profits of the business then earned, nor shall either party be entitled to interest on his share of the capital; but if, at the expiration of the year, a balance of profits be found due to either partner, he shall be at liberty to withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case he shall be allowed interest on the said balance.

Ninth. At the expiration of the aforesaid term, or earlier dissolution of this copartnership, if the said parties or their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and pur. chase like other individuals, and the proceeds shall be divided, after payment of the debts of the firm, in the proportions aforesaid.

Tenth. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forthwith, on his becoming informed of such violation. In witness, &c. [as in General Form].

[blocks in formation]

day of

years from this

DEED WITHOUT COVENANTS. THis indenture, made the -, in the year of our Lord one thousand between A. B., of, &c., of the first part, and C. D., of, &c., of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of fifty dollars, to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged: hath bargained and sold, and by these pres ents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns forever, all, &c. [Here describe the property.] Together with all and singular, the heraditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, claim, or demand, whatsoever of him the said party of the first part, either in law or equity, of, in, and to, the above bargained premises, and every part and parcel thereof: To have and to hold to the said party of the second part, his heirs, and assigns, to the sole and only proper use, benefit, and behoof, of the said party of the second part, his heirs and assigns, forever. In witness whereof, we have hereunto set our hands and seals, the day and year first above written.

[blocks in formation]

CONVEYANCES OF LANDS ON SALE BY MORTGAGE. in the year --

THIS indenture, made the

day of

between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. Whereas, E. F., of, &c., did, by a certain indenture of mortgage dated the day of, in the year for the consideration of, bargain and sell unto the said A. B., and to his heirs and assigns forever, all that certain, &c.; together with all and singular the hereditaments and appurtenances thereunto belonging: To have and to hold the said granted and bargained premises, with the appurtenances, unto the said A. B., his heirs and assigns, to the only proper use and behoof of the said A. B., his heirs and assigns forever; provided, nevertheless, and the said indenture of mortgage was thereby declared to be upon condition, that if the said E. F., his heirs, executors, or administrators, should well and truly pay unto the said A. B., his

executors, administrators, or assigns, the just and full sum of with lawful interest for the same, on or before the ———————— day of in the year , according to the condition of a certain bond or writing, obligatory, bearing even date with the said indenture of mortgage, that then, and in such case, the said indenture, and the said writ ing obligatory, should be void and of no effect: and the said E F. did, by the said indenture, for himself, his heirs and assigns, agree with the said A. B., his heirs, executors, administrators, and assigns, that in case it should so happen, that the said sum of -, and the interest for the same, should be due and unpaid at the time limited for the payment thereof, in the whole or in part thereof, that then it should and might be lawful for the said A. B., his heirs or assigns, at any time after default in payment, to bargain, sell, and dispose of the said mortgaged premises, with the appurtenances, at public vendue, and out of the moneys to arise from the sale thereof, to retain and keep the said sum of - dollars, and the interest, or so much thereof as might be due, together with the costs and charges of such sac, or sales, rendering the overplus money, if any, to the said E. F., his heirs, executors, administrators, or assigns: And, whereas the said E. F. did not pay to the said A. B. the said sum of money, with the interest, at the time limited for payment, or at any time since: and the said A. B. hath, therefore, in pursuance of the authority so given to him as aforesaid, and according to the statute in such case made and provided, caused the premises to be advertised and sold at public auction; and the same has been struck off to the said C., D., for -, being the highest sum bid for the

same.

Now, therefore, this indenture witnesseth, that the said A. B., in pur suance of the power and statute aforesaid, and also for and in consid eration of the said sum of -, to him in hand paid, by the said C. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release and confirm unto the said C. D., and to his heirs and assigns forever, all the farm, piece, or parcel of land above mentioned, together with the hereditaments and appurtenances, as the same is described and conveyed by said indenture of mortgage; and all the estate, right, title, interest, claim, and demand at law and in equity, of him the said A. B., and also of the said E. F., as far forth as the said A. B. hath power to grant and convey the same, of, in, and to the premises, and every part aud parcel thereof: To have and to hold the said above granted and bargained premises, with the appurtenances, unto the said C. D., his heirs and assigns, to the sole and only proper use and behoof of the said C. D., his heirs and assigns, forever.

In witness, &c. [as in General Form of Agreement].

DEED OF GIFT OF PERSONAL ESTATE. KNOW all men by these presents, that I, A. B., c., &c., in consideration of the natural love and affection which I have and bear for my son, C. B., and also for divers other good causes and considerations, I, the said A. B., hereunto moving, have given, granted, and confirmed, and by these presents, do give, grant and confirm unto the said C. B., all and singular, my goods, chattels, leases, and personal estate whatsoever, in whose hands, custody, or possession soever they be: To have, hold. and enjoy, all and singular, the said goods, chattels, and personal estate, aforesaid, unto the said C. B., his executors, administrators, and assigns, to the only proper use and behoof of the said C. B., his executors, administrators, and assigns, forever. And I. the said A. B.. ail and singular. the said goods, chattels, personal estate, and other the premises, to the said C. B., his executors administrators, and assigns. against me, the said A. B., my executors and administrators, and aii and every other person and persons, whatsoever, shall and will warrant. and forever defend, by these presents of all and singular which said goods, chattels, personal estate, and other premises. I. the said A. B., have put the said C. B. in full possession, by delivering to him one pewter dish, at the time of the sealing and delivery of these presents, in the name of the whole premises hereby granted.

[ocr errors]

In witness, &c. [as in General Form of Agreement].

DEED OF GIFT BY A FATHER TO A SON OF HIS PERSONAL PROPERTY, ON CONDITIONS.

THIS Indenture, made the, &c., between A. B., of, &c., of the one part,

and C. B., of, &c., of the other part. Whereas, the said A. B., being the father of the said C. B., by reason of his age and infirmities, is not capable of attending to his estate and affairs as formerly, and has therefore agreed, for advancement of the said C. B., to make over his property to the said C. B., so that the said C. B. should pay the debts of the said A. B., and afford him a maintenance as is hereinafter mentioned: Now this indenture Witnesseth, That the said A. B., in order to carry the said agreement into effect, and in consideration of the natural love and affection which he hath for and towards his son, the said C. B., and of the provisoes, covenants, and agreements, hereinafter mentioned, by the said C. B., to be observed and performed, hath given, granted, bargained, sold, and assigned, and by these presents doth give, grant, bargain, sell, and assign, unto the said C. B., his executors, adminstrators, and assigns, all and singular, his household goods and implements of household, stock in trade, debts, rights, credits, and personal estate, whereof he is now possessed, or any way interested in or entitled unto, of what nature or kind soever the same are, or wheresoever or in whosesoever hands they be or may be found, with their and every of their rights, members, and appurtenances: To have and to hold the said goods, household stuff, stock in trade, debts, rights, and personal estate, and the other the premises, unto the said C. B., his executors, administrators, and assigns, forever, without rendering any account or being therefor in any wise accountable to the said A. B., his heirs, executors, or administrators, for the same.

And the said C. B., for himself, his heirs, executors, and administrators, doth covenant, promise, grant, and agree, to and with the said A. B., his executors, administrators, and assigns, in manner and form following, that is to say: that he, the said C. B., his heirs, executors, and administrators, shall and will, settle, pay, discharge, and satisfy, or cause to be settled, paid, discharged, and satisfied, all accounts, debts, judgments, and demands, of every nature and kind whatsoever, now outstanding, against, or now due from or payable by the said A. B., or for the payment of which the said A. B. shali be liable, or be held liable either at law or equity, on account of any matter, cause, or thing hereto. fore had suffered, done, or performed, and at all times hereafter, free, discharge, and keep harmless, and indemnified, the said A. B., his heirs, executors, administrators, from ail and every such accounts, debts, judgments, and demands, and from all actions, suits, and damages, that may to him or them arise, by reason of the non-payment thereof; and moreover, that he, the said C. B., his heirs, executors, and administrators, shali and wil: yearly, and every year, during the term of the natural life of the said A. B., by four equal quarterly payments, the first to degin on the day of next, well and truly pay, or cause to be paid, to the said A. B., or his assigns, the sum of —— -, for, or toward his support and maintenance, or find or provide for him sufficient meat, drink, washing, lodging, apparel, and attendance, suitable to his state and situation, at the choice and election, from time to time, of the said A. B.

Provided always, and upon this condition, and it is the true intent and meaning of these presents, that if the said C. B., his heirs, executors, and administrators, shall neglect or refuse to pay the said accounts, debts, judgments, and demands, according to his covenant aforesaid, or shall suffer the said A. B. to be put to any cost, charge, trouble, or expense, on account of the same, or shall neglect or refuse to pay the said annual sum, in manner aforesaid, or to find and provide for the said A. B., as aforesaid, that then, in all, any, or either of the cases aforesaid, it shall and may be lawful to and for the said A. B., all and singular, the premises hereby granted to take, repossess, and enjoy, as in his former estate.

In witness, &c. [as in General Form of Agreement].

MARRIAGE CERTIFICATE.

I, William Frazer, Minister of the Gospel and Rector of St. Paul's Protestant Episcopal Church at Leopardston, Orange County, and State of New York, do hereby certify, that, on the fourth day of July, in the year of our Lord one thousand eight hundred and eighty-two, at the rectory of said church at Leopardsten aforesaid, I joined together in Holy Matrimony, John Smith, of the City, County, and State of New York, and Julia Tompkins, of Fayville, in the State of New Jersey. according to the forms and customs of said church to which I belong, is the presence of Joseph Nipp, of said City of New York, and George Rog ers, of said Fayville, attesting witnesses thereto. I further certify, that

« ՆախորդըՇարունակել »