equity to cancel a patent obtained by fraud, mistake or accident." CONTENTS AND DURATION. SECTION 4884. Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or 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 the Territories thereof, referring to the specification for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof. A patent can cover only one invention. "Patents should be construed liberally, in accordance with the design of the Constitution and the patent laws of the United States, to promote the progress of the useful arts, and allow inventors to retain to their own use, not anything which is matter of common right, but what they themselves have created." DATE OF PATENT. SECTION 4885. Every patent shall bear date as of a day not later than six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent; and if the final fee is not paid within that period the patent shall be withheld. A patent takes effect from the time when it is granted and cannot be antedated.10 United States vs. American Bell • Winans vs. Denmead, 15 How., 341. 10 Gramms Electrical Co. vs. Ar noux Elec. Co., 17 Fed. Rep., 838. WHAT INVENTIONS ARE PATENTABLE. SECTION 4886. Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, not known or used by others in this country, before his invention or discovery thereof, and 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. A patent is void if it is not issued to one who is the original inventor of the patented device or to one who claims under the right of the inventor.11 Where there are rival inventors, the one who first conceives the idea is entitled to a patent if he uses reasonable diligence to perfect the invention and adapt it to use, and in reality does so adapt it, although he may not be the first to reduce the invention to actual use.12 The only patentable inventions are those belonging to the classes stated in the statute.13 It is not the object of the patent laws to grant a monoply for every trifling device which would naturally and spontaneously occur to any skilled mechanic.11 The product and the process constitute one discovery. 15 Invention is any new arrangement or combination " Allen vs. Gilman, 2 Pat. of Laz., 293; Hartshorn vs. Saginaw Barrel Co., 119 U. S., 664. 18 Whitney vs. Emmett, Baldw. (U. S.), 303. 13 Millingan, etc., Glue Co. vs. Upton, I. B. & A. Pat. Cas., 497, 17 Fed. Cas., No. 9, 607. 14 Slawson vs. Grad., St. R. Co., 107 U. S., 649. 15 Mosler Safe, etc., Co., 127 U. S., 354, 16 of old or new material producing a new and useful result. It is the work of the head as distinguished from the work of the hands.17 An invention to be patentable must have utility.18 By a useful invention is meant one which may be applied to some beneficial use to society; an invention whose use would be mischievous or injurious to morals cannot be patented.10 An invention must also be novel 20 and not have been in public use." As a general rule a single unrestricted sale by the patentee of his patented device embodying his completed invention, is a public use or sale within this section.22 Abandonment is the dedication or relinquishment to the public by the inventor of his exclusive rights to the invention.23 PATENTS FOR INVENTIONS PREVIOUSLY PATENTED ABROAD. SECTION 4887. No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the applicatoin for said foreign patent was filed more than seven months prior to the filing of the application in this country, in which case no patent shall be granted in this country. The term "patented," as used in this section, does not mean the preliminary proceedings, but the actual issuance of the patent under seal of the government speaking the exercise of sovereign will and investing the patentee with a grant of a monopoly. REQUISITES OF APPLICATION, DESCRIPTION, SPECIFICATION AND CLAIM. 24 Before any inventor or discoverer shall receive a patent for his invention or discovery, he shall make application therefor, in writing, to the Commissioner of Patents, and shall file in the Patent-Office, a written description of the same, and of the manner and process of making, constructing, compounding, and using it 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; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. The specification and claim shall be signed by the inventor and attested by two witnesses. A proper petition,25 conforming in all respects to the law, is necessary to the issuing of a patent.2 26 An exact description of an invention is required for the three following reasons: that the government may know what they have granted, and what will become public property when the patent expires; that 24 Smith vs. Goodyear Dental Vul canite Co., 93 U. S., 486. 25 Hogg vs. Emerso, 6 How., 437 Vol. V.-15. 28 Eagleton Mfg. Co. VS. West Bradley, etc., Mfg. Co., 111 U. the licensee may know how to use and practice the invention during the term of the patent; and that subsequent inventors may know what portion of the field of invention has been occupied." The object or purpose of a claim is to secure to the inventor all of that to which he is entitled and also to inform the public of what is still open to them.2 DRAWINGS, WHEN REQUISITE. 28 SECTION 4889. When the nature of the case admits of drawings, the applicant shall furnish one copy signed by the inventor or his attorney in fact, and attested by two witnesses, which shall be filed in the Patent-Office, and a copy of the drawing, to be furnished by the Patent-Office shall be attached to the patent as a part of the specification. SPECIMENS OF INGREDIENTS, ETC. SECTION 4890. When the invention or discovery is of a composition of matter, the applicant, if required by the Commissioner, shall furnish specimens of ingredients and of the composition, sufficient in quantity for the purpose of the experiment. MODEL, WHEN REQUISITE. SECTION 4891. In all cases which admit of presentation by model, the applicant, if required by the Commissioner, shall furnish a model of convenient size to exhibit advantageously the several parts of his invention or discovery. OATH REQUIRED FROM APPLICANT. SECTION 4892. The applicant shall make oath that he does verily believe himself to be the original Tucker vs. Tucker Mfg. Co., 4 28 Brooks vs. Fiske, 15 How., 212. |