335 ______ W365 883 THE opy 1 .ENTOR'S MANUAL. A CIRCULAR OF PRACTICAL INFORMATION CONCEKNING PATENTS, TRADE-MARKS, LABELS AND COPYRIGHTS. BY yf ERNEST C. WEBB, Counsellor-at-Law in Patent Causes. PUBLISHED BY WEBB'S PATENT ACENCY, OFFICES, 22 CLIFF STREET, NEW YORK CITY. Correspondents at Washington, London, Berlin, Paris, Brussels, Vienna, Madrid, Copenhagen, Stockholm, St. Petersburg and Ottawa. THE INVENTOfi'S MANUAL. A CIRCULAR OF PRACTICAL INFORMATION CONCERNING PATENTS, TRADE-MARKS, LABELS AND COPYRIGHTS, BY ~jT ERNEST C . WEBB, Gffnnsdlor-at-fafo i» gateni Causes. (second *6iriovly APR 18 1883', Or ^ PUBLISHED BY WEBB'S PATENT AGENCY SOLICITORS OF AMERICAN AND FOREIGN PATENTS, 22 CLIFF STREET, NEW YORK CITY. * ERNEST C. WEBB, HERBERT SOUTHW1CK. ARTHUR C. WEBB. sue the de- fective original patent, and obtain a new pateut, upon correct specifications and drawings, which will stand the test of litigation. Reissues cost the applicant fiom $G0 to $100, according to the labor involved, and no damages can be collected for infringements committed prior to the date of the Reissued Patent. Over ten thousand patents have been surreLdered and Reissued Patents obtained therefor. We make a SPECIALTY of reissuing defective pat- ents, and will examine patents when reemested, and give opinions as to the correctness of the specifications and drawings. DESIGN PATENTS. A design patent is granted to any person who has in- vented and produced any new and original design for a manufacture, bust, statue, alto-relievo or bas relief ; any new and original design for the printing of woolen, silk, cotton or other fabrics; any new and original impres- sion, ornament, pattern, print or picture to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture, or any new, useful and original shape or configuration of any article of manufacture. Design Patents are granted for periods of 3£ years, 22 CLIFF STREET, N. Y. CITY. 18 seven years, and fourteen years, as may be specified in the application. Manufacturers and dealers in clocks, silverware, jewelry, carpets, glassware, &c, will find it largely to their advantage to thus protect their new patterns. PUBLIC USE. As inventors are now required to make oath, before they can obtain a patent, that their invention has not been in public use, or on sale, in this country for more than two years prior to the date of their ^application, it is necessary to make the application within the two years limit. This is particularly important, in view of the fact that proof of such use or sale is sufficient to invalidate what might otherwise be a valid patent. MARKING PATENTED ARTICLES, Sec. 4900. It shall be the duty of all patentees, and their assigns and legal representatives, and of all per- sons making or vending any patented article for or un- der them, to give sufficient notice to the public that the same is patented; either by fixing thereon the word ''patented," together with the day and year the patent was granted ; or when, from the character of the arti- cle, this cannot be done, by fixing: to it, or to the pack- age wherein one or more of them is inclosed, a label containing the like notice ; and in any suit for infringe- ment, by the party failing so to mark, no damages shall 14 WEBB*S PATENT AGEftCTV, • be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued, after such notice, to make, use, or vend the article so patented. PENALTY FOR FALSE MARKING. Sec. 4901. Every person who, in an}' manner, marks upon anything made, used or sold by him for which he has not obtained a patent, the name or any imitaiion of the name of any person who has obtained a patent therefor, without the consent of such patentee, or his assigns or legal representatives; or Who, in any manner, marks upon or affixes to any such patented article the word " patent " or " patentee," or the words " letters patent," or any word of like im- port, with intent to imitate or counterfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or legal repre- sentatives; or Who, in any manner, marks upon or affixes to any unpatented article the word " patent," or any word im- porting that the same is patented, for the purpose of deceiving the public, shall be liable, for every such of- fense, to a penalty of not less than one hundred dollars, with costs; one-half of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any disti ict court of the United States, within whose jurisdiction such offense may have been committed. 22 CLIFF STREET, N. Y. CITY, 15 REJECTED AND ABANDONED AP- PLICATIONS. Applications for Letters Patent are very often re- jected by the Examiners through a misunderstanding of the invention, or from failure of the attorney in charge of the case to properly prosecute it and point out the differences existing between the invention and the references cited as anticipating it. We attend to such cases for a moderate fee, and when our services are required, we will, upon request, furnish a power of attorney, authorizing us to proceed in the matter. Applications for patents which have been allowed are sometimes abandoned by the failure of the inventor or his attorney to pay the final Government fee within the required time. Cases of this character may be revived, and a parent for the invention secured. TRADE-MARKS. Any person, firm or corporation domiciled in the United States, or located in any foreign country, which by treaty, convention or law affords similar privileges to citizens of the United States, and who is entitled to the exclusive use of any trade-mark, and uses ihe same in commerce with foreign nations or with Indian tribes, may obtain registration of the same in the United States Patent Office. Owners of trade-marks for which protection has BEEN SOUGHT BY REGISTERING THEM IN THE PATENT 16 webb's patent agency, Office under the Act of July 8, 1870 (declared unconstitutional by the Supreme Court of the United States), may register the same for the same goods, with- out fee, on compliance with the Statutory require- ments of the Act of March 3, 1881. Registration of a trade-mark is prima facie evidence of ownership. Any person who shall reproduce, counterfeit, copy, or color ably imitate any trade-mark so registered and affix the same to merchandise of substantially the same descriptive properties as those described in the registra- tion, shall be liable to an action on the case for damages for the wrongful use of said trade-mark at the suit of the owner thereof ; and the parry aggrieved shall also have his remedy according to the course of Equity to enjoin the wrongful use of such trade-mark used in for- eign commerce, or commerce with Indian tribes, as aforesaid, and to recover compensation therefor in any Court having jurisdiction over the person guilty of such wrongful act; and Courts of the United States have original and appellate jurisdiction in such cases, without regard to the amount in controversy. LABELS AND PRINTS. The act of June i8th, 1874, provides for the registration of prints and labels in the Patent Office. The labels referred to are those com- monly used on bottles, boxes, packages, &c, giving the name of the article, directions for use, quality, manufacturer, place of manufacture, &c. 22 CLIFF STREET, N. Y. CITY. 1 1 As to register a trade-mark the applicant must make oath that it has been used in commerce with foreign nations or with Indian tribes, many manu- facturers and dealers cannot, on this account, protect their trade-marks by registration under the trade-mark act. Under these circumstances, however, a good and valid registration may be effected by applying such trade-marks to labels > and registering the labels in the Patent Office. The certificate of registration of a label con- tinues in force for 28 years. APPEALS. Every application for a patent, or a reissue of a pa- tent, which Las been twice rejected upon the same ref- erences by the Examiner in charge, is considered as being finally rejected, and in condition for appeal. Three appeals may be taken in such cases from adverse decisions, viz. : First, to the Board of Examiners in Chief ; second, to the Commissioner of Patents, who is the chief executive and judical officer of the Patent Office ; and third, to the Supreme Court of the Dis- trict of Columbia. In case of an adverse decision of each of these three tribunals, proceedings may be in- instituted in the United States Courts, to adjudicate the rights of the applicant in the premises. Our fees for prosecuting appeals are governed by the amount of labor involved, and are subject lo special agreement. 18 WEBB'S PATENT AGENCY, INTERFERENCES. An interference is a proceeding instituted for the pur- pose of determining the question of priority of inven- tion between two or more parties, claiming substantially the same patentable invention. This proceeding is in the nature of a trial, both parties being obliged to file statements under oath, called preliminary statements, disclosing the date of original conception of the in- vention ; of its illustration by drawing or model ; of its disclosure to others, and of its completion and of the extent of its use. These statements must be prepared with great care, and competent counsel should be re- tained, as the parties to the interference will be strictly held to the dates disclosed by their preliminary state- ments. After these statements have been filed in the Patent Office, the Examiner of Interferences fixes the dates within which each party must take and close his oral proofs. The case is then, upon the conclusion of the testimony on both sides, duly argued before the Ex- aminer of Interferences or submitted for his decision. Either party may appeal from an adverse decision to the Board of Examiners in Chief, and thereafter to the Commissioner of Patents, but no appeal can be taken in interference cases from the decision of the Commis- sioner of Patents. It will be seen that from the nature of these proceedings, that competent and experienced attorneys are required to properly conduct such con- troversies. Our fees in these cases are necessarily the subject of special agreement corresponding to the amount of labor involved in each individual case. M CLW$ STREET, Jf. t. crttf. 18 EXTENSIONS OF PATENTS. Patents can only be extended by Special Act of Con- gress. Our services may be secured to procure or op- pose extensions. OPINIONS, We make special examinations to determine the novelty of any invention either before or after a patent has been obtained, and furnish a written opinion re- lating thereto. We also examine into the title of any patent, and furnish abstracts of title thereof. Our charges in these matters are moderate, and are based upon the amount of work done. A SSIGNMENTS, A GREEMENTS, &c. Assignments, agreements, co-partnership articles, licenses and other papers relating to patents prepared, and recorded when necessary. Our charges in these matters are moderate, and depend upon the time given to each case. INFRINGEMENT SUITS. Suits for infringement of patents are brought in Fede- ral Courts, and are in the nature of an application to the Court for an injunction to restrain the continued unlaw- ful use of the patented invention, and for damages for such use. Infringements of trade marks and labels may also be stopped by injunction in the same way. jpMMfl 20 webb's patent agency, Our services can be secured to prosecute or defend suits relating to patents, trade-marks, and labels at rea- sonable rates. COPYRIGHTS. Any citizen of the U. S., or resident therein, who .shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, piint, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, shall, upon obtaining a copyright there- for, have the sole liberty of printing, reprinting, pub- lishing, completing, copying, executing, finishing and vending the same; and in the case of a dramatic com- position, of publicly performing or representing it, or causing it to be performed or represented by others. And authors may reserve the right to dramatize or to translate their own works. Every applicant for a copyright must state distinctly the name and residence of the claimant, and whether right is claimed as author, designer, or proprietor. No affidavit or formal application is required. A printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or a description of the painting, draw- ing, chromo, statue, statuary, or model or design for a work of the tine arts, for which copyright is desired, must be sent by mail or otherwise, prepaid, addressed " Librarian of Congress, Washington, D. (V This must be done before publication of the book or other article. 22 CLIFF STREET, N. Y, CITY, 21 Within ten days after publication of each book or other article, two complete copies must be sent, pre- paid, to perfect the copyright, with the address, "Li- brarian of Congress, Washington, D. C." Without the deposit of copies above required the copyright is void, and a penalty of $25 is incurred. In o copyright is valid unless notice is given by in- serting in every copy published. "Entered according to Act of Congress, in the year - , by , in the office of the Librarian of Congress, at Washington," or at the option of the person entering the copyright, the words: " Copyright, 18 — , by — ." The law imposes a penalty of $100 upon any person who has not obtained copyright, who shall insert the notice, "Entered according to Act of Congress," or "Copy- right," or words of the same import, in or upon any book or other article. Each copyright secures the exclusive right for twenty- eight years. Six months before the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all. Any copyright is assignable in law, but such assign- ment must be recorded in the office of the Librarian of Congress within sixty days from its date. Copyrights cannot be granted upon trade-marks, nor upon labels intended to be used with any article of manufacture. If protection for such prints or labels is desired, application must be made to the Patent Office, where they can be registered. Copyrights may be secured through this office for a moderate fee in excess of the regular Government charges. S3 WEfcB*8 PATHNl* AGJlNv COPIES OF PATENTS, &c. Printed copies of the specification and drawing of any United States patent, which can be obtained from the Patent Office in this form, are furnished by us at the rate of twenty-five cents each. Copies of assignments, licenses, &c. , procured for a small fee in addition to the government charge. SPECIAL DEPARTMENT We have recently organized a special depart- ment for the purpose of notifying persons manu- facturing under patents, when improvements are patented. Parties on our special department list are furnished with weekly reports of the pat- ents issued each week in their line of business, together with printed copies of the specifications and drawings of such patents. We believe this department will be of large value to any manufacturer of patented articles, as in this way he will receive early information of all new inventions in his line, and will be able to communicate directly with the inventors. We only charge for the copies furnished at the uni- form rate of twenty-five cents each, making no charge for our services. Parties desirous of taking advantage of this opportunity will please send us at once their 22 CLIFF STREET, N. Y. CITY. 23 names, addresses, and the kind of goods they are making, together with one dollar, which will be placed to their credit, and applied to pay for the first four copies sent them. Address all communications, WEBB'S PATENT AGENCY, 22 Cliff Street, New York City. REMITTANCES. Always remit by check, P. O. Money Order, regis- tered letter, or bank draft, so as to insure safe transmis- sion. SCHED ULE OF FEES. FOR OBTAINING U. S. PATENTS, ENTERING COPYRIGHTS AND REGISTERING TRADE-MARKS, PRINTS AND LA- BELS, AND PREPARING ASSIGNMENTS, ETC., INCLUD- ING GOVERNMENT FEES IN EACH CASE. Preparing and prosecuting an application for Letters Patent, for a mechanical invention in a case involving an ordinary amount of labor $25 00 First Government fee 15 00 Second " " 20 00 Total ... • $60 00 Of this amount, forty dollars is payable when the pa- h £4 Webb's Latent agency, pers are prepared and ready to file in the Patent Office. The second Government fee of twenty dollars, may be paid at any time within six months of the date of allow- ance of the application. Preparing and prosecuting an application for Letters Patent for a design $15 00 Governmem fee for design patent, for three and one-half years 1 00 Total $25 00 Government fee for design patent, for seven years, fifteen dollars, making a total of . $30 00 Government fee for design patent, for four- teen years, thirty dollars, making a total of $45 00 Preparing and pro?ecuting application for the reissue of a patent in any case involving an ordinary amount of labor ....... $30 00 Government fee 30 00 Total $60 00 Procuring and entering a copyright .... $5 00 Government fee 1 00 Total $0 00 Preparing and prosecuting application for reg- istration of a trade-mark $15 00 Government fee 25 00 Total $40 00 22 CLIFF STREET, N. Y. CITY. 25 Preparing and prosecuting application for reg- istration of a print or label in ordinary cases, including Government fee $15 00 Preparing and recording an assignment of a patent, trade-mark, print, label or copy- right . ; $5 oo Government fee usually 1 00 Total $6 00 Preparing and filing an application for a caveat, usually $12 00 Government fee 10 00 Total • . . $22 00 With the exception noted, all the fees in each case are payable in advance, that is to say, when the papers are complete and ready to file. Our services in preparing contracts and licenses, and in prosecuting appeals, interferences and infringement suits, are always the subject of special agreement. 26 Webb's patent agency, FOREIGN PATENTS. American inventions are regarded with great favor in foreign countries, and the amounts re- ceived from the sale of foreign patents very often exceed the inventor's profits in this country. This is particularly true of patents for American inventions in England, Canada, Germany, France and Belgium. We append a brief statement of the means necessary to obtain foreign Patents, together with the population and principal manufactures, and the cost of patents in the principal countries. Since the first edition of this book was pub- lished, we have made connections abroad which enable us to materially reduce the cost of foreign patents applied for through us. (See schedule of fees, page 40.) ARGENTINE REPUBI1C. POPULATION 2,500,000 — PRINCIPAL MANUFACTURES, PONCHOS, ROPES, SADDLE-CLOTHS, MOROCCO, LEATHER AND WOODEN WARE. Two kinds of patents are granted, viz: Patents of In- vention and Patents of Importation. The term varies from one to ten years, and the invention must be worked within one year from the date of the grant. Very few patents are taken out, as the cost is large and the term limited to a few years. %% CLIFF STREET, N. Y. CITY. 2? 4 USTRALIA. POPULATION 1,800,000 — PRINCIPAL MANUFACTURES, GLASS, PAPER, CLOTH, OIL-CLOTH, DYES, BEER, STARCH, SOAP, CIGARS, PIANOS, SAFES, AGRICULTURAL IMPLEMENTS, ENGINES, CARRIAGES, BRUSHES, LEATH- ER, WOOLEN CLOTHS, SUGAR, WINES, LIQUORS. Each of the separate Australian Colonies of New South Wales, Victoria, Queensland, South and West Australia, New Zealand and Tasmania, have independ- ent Patent Laws. Patents may be obtained in each Colony, and remain in force for a period of from seven to fourteen years. During the life of the patent, the patentee or owner of the patent has the exclusive right to make, use and sell the invention. Special informa- tion relating to patents in these Colonies, and cost thereof, will be furnished at our office. AUSTRIA AND HUNGARY. population 34,904,435 — principal manufactures, iron, chemical preparations, glassware, look- ing glasses, hemp and flax, woolen and cotton fabrics, tobacco, jewelry, musical instru- ments, etc. Patents may be obtained by foreigners, as well as natives, and one application is sufficient for the whole Austro-Hungarian Empire. The invention must be worked in Austria or Hungary within a year of the date of issue of the patent, and at some time during every two years thereafter. The term of a patent is limited to 15 years, but they are usually ■ ■ 28 webb's patent agency, taken out for one year, and renewed from year to year upon payment of a small renewal tax. Foreigners are no longer required to piove possession of a correspond- ing patent in some other country, and patents are now renewed, upon payment of the taxes, without requiring proof of the actual working of the invention in the Kingdom. Patents for designs are not granted to U. S. citizens. BELGIUM. POPULATION 5,336,185 — PRINCIPAL manufactures, LINEN, LACES, DAMASK, WOOLENS, COTTON GOODS, HOSIERY, CARPETS, MACHINERY, FIRE-ARMS, IRON, ETC. Any person may obtain a patent, but when the ap- plicant is not the inventor, he had better obtain the in- ventor's consent to the application in writing, and keep it for his own protection. Three kinds of patents are granted, viz. : (1.) Patents of Invention ; (2.) Patents of Importation ; and (3.) Patents of Improvement. A patent of invention is granted to the inventor, pro- vided he makes application iu Belgium before Hpplying in any other country. Patents of importation are granted to any person who has previously app.i; d for or obtained a foreign patent. Patems of improvement are granted for modifications of any invention described in a piior Belgian patent granted to the s une person. No separate annuities have to be paid on patents of improve- ment, and they remain in force during the life of the original patent, 22 CLIFF STREET, N. Y. CITY. $9 Patents of invention are granted for a period of twenty years ; patents of importation, remain in force during the life of the foreign patent; and patents of im- provements during the life of ihe original Belgian pa- tent. Usually, patents are s cured for the term of one year, and thereafter renewed from year to year, upon payment of the annual tax. Design Patents.— Printed or woven designs for textile fabrics, and similar goods, may be patented in Belgium. BRAZIL, BRITISH GUIANA, BRITISH INDIA, CEYLON, GREECE AND MEXICO. Patents for mechanical inventions may be obtained, but are very rarely applied for by American inventors. Information furnished upon application to our office. CANADA. POPULATION 3,906,810— PEINCIPAL MANUFACTURES, FLOUR, LUMBER, FURNITURE, HARDWARE, PAPER, CHEMICALS, SOAP, BOOTS AND SHOES, COTTON AND WOOLEN GOODS, STEAM ENGINES, AGRICULTURAL IMPLEMENTS, COARSE CLOTHS (HOMESPUN ), FLANNELS, BED LINEN, BLANKETS, CARPETS AND TWEEDS, LEA- THER, SADDLERY AND HARNESS, TOBACCO, MACHINERY, NAILS, GUNPOWDER, CARRIAGES, PIANOS, HATS AND CAPS, SEWING MACHINES. Patents are only granted to the inventor or Ms legal 30 webb's patent agency, assigns. The full term is fifteen years, but tbe patent is usually taken for five years, and thereafter renewed. When the invention can be so illustrated, a model must be filed before the patent can be obtained. When the invention relates to a composition, samples or speci- mens must be furnished. The model can only be 38 inches in its greatest dimensions, and when admissible, from the nature of the case, a woiking model is je- quired. The invention must be icorked in Canada within two } r ears from the date of the application, and thereafter arrangements must be m-ide to keep the invention " on sale," so that any person desiring to purchase or use it, may be able to obtain the patented article, or the pro- ducts thereof. Inventions which have been patented in the United States or other countries, cannot be patented in Canada, unless the application is filed within one year from the date of the earliest foreign patent for the same inven- tion. And, if duiing this same period, any person in Canada shall manufacture and sell the invention previously patented in any foreign country as stated, then such manufacturer shall have the right to continue such manufacture and sale unrestricted, but this rule does not apply to persons who shall only commence to manufacture after the application for a Canadian patent has been filed. Caveats. — Caveats may be filed to protect inventions not entirely perfected. They remain in force for one year, and the proceedings and requirements are sub- stantially the mm? as in tbe United States. 22 CLIFF STREET, N. Y. CITY. 31 DENMARK AND ICELAND. POPULATION 1 , 912, 142 — PRINCIPAL MANUFACTURES, SILK, LINEN, WOOLEN AND COTTON GOODS, LEATHER, LACES, GLOVES, STRAW HATS, SAIL CLOTH, THREAD, PAPER, SOAP, GLASS, EARTHENWARE, PLATED WARE, IRON-WARE, SALTPETRE, GUNPOWDER, ARMS, RE- FINED SUGAR, TOBACCO, SODA, POTASH, BRANDY AND MALT LIQUORS. Any person may obtain a patent. The term of a pat- ent c-mnot exceed twenty years, and rarely exceeds three years. The invention must be worked during each year of the life of the patent. FRANCE. POPULATION 36,905,788— PRINCIPAL MANUFACTURES, SILK, JEWELRY, BRONZES, SURGICAL AND PHILO- SOPHICAL INSTRUMENTS, BOOKS, LACES, CABINET FURNITURE, EMBROIDERIES, IRON, CUTLERY, HARD- WARE, PORCELAIN, EARTHENWARE, WATCHES, LEATH- ER, WOOLENS, LINENS, COTTONS, GLASSWARE, PAPER, SUGAR, TOBACCO, WINES. Any person may obtain a patent, but when the in- vention has been previously patented abroad, it is ad- visable to make the application in the name of the " author of the invention already patented abroad," or his legal assigns. The full term of a patent is 15 years, but they are usually taken out for one year, and renewed from year to yea?\ by payment of an annual tax of about $?° 32 WEBBS PATENT AGENCY, The invention must be loorked in France within two years of the date of issue of the patent, and during every two years thereafter. Patents of addition for im- provements on any invention previously patented in France, may be obtained by the same person. No patents are granted for medicinal preparations, patent medicines, or remedies of any kind. Design Patents.— Patents are granted for designs for new shapes or forms, and for patterns, printed, woven, or otherwise produced upon or in any material, such as iron, wood, glass, paper, leather, woven fabrics, etc. GERMANY. population 42,727,360 — principal manufactures, woolens, silks, paper, cabinet furniture, toys, iron and steel, gold and silverware, glass- ware, leather, mathematical and astronomical instruments, clocks, beer, wines, sugar. Patents are granted to the first applicant, whether he is the inventor or not, provided the intention has not- been published in printed form in any country before the date of the application. But it is usually safer for the applicant, if he is not the inventor, to obtain the in- ventor's consent in writing, before making the applica- tion, and preserve it in case his right to obtain the pat- ent should afterwards be questioned. The duration of the patent is 15 years, but patents are usually taken for one year and renewed by payment of an annual tax. Patents of addition are granted fcr 22 CLIFF STREET, N. Y. CITY. 33 alterations or improvements in any invention previously patented in Germany. Such patents are continued in force by the prolonga- tion of the original patents to which they relate, and no separate annuities are required. The law requires that the invention must be worked in Germany within three years from the date of the grant, but this does not mean that it must be manu- factured in Germany, as the provisions of the Patent Act will be fully complied with if the patented article is placed on the market and advertised for sale in the Em- pire, although it may have been manufactured else- where. Persons who deliberately manufacture or sell a pat- ented article, without the consent of the patentee or owner of the patent, are liable to a fine of 5,000 marks (about $1,100), or to imprisonment for one year, in ad- dition to payment of damages to the party aggrieved. Designs. — Ornamental designs may be protected by registration. GREAT BRITAIN. POPULATION 31,628,338— PRINCIPAL MANUFACTURES, COTTON, WOOL, SHODDY, WORSTED, FLAX, SILK, IRON, STEEL, COPPER, BRASS, AGRICULTURAL IM- PLEMENTS, GLOVES, PAPER, BEER, HATS, GLASS, POTTERY, SOAP, LACE, IRON SHIPS, LINEN, WHISKEY, COMBS, STEAM ENGINES, FLANNEL, ETC. Who May Obtain a Patent.— A British Patent r#n he obtained either fry the true Inventor, or by a per- 34 Webb's patent agency, son to whom the invention has been communicated. In the first case, the applicant declares himself to be the true and first inventor, and in the second case, that the invention is a communication. Any person (not a resi- dent in Great Britain) becoming acquaint d with an in- vention, can obtain a perfectly valid British Patent therefor, by communicating it to a person residing in I Great Britain (for instance, to a Patent Solicitor in Lon- I don, through a Patent Solicitor in New York), and the j real inventor has no remedy whatever afterwards, unless f fraud can be very clearly proved. Hence, if an Arnerij can inventor desires to obtain a British Patent for hk invention, he should make the application before 1m in vention becomes public in this country. Duration of Patent and Territory Coverel — British Patents are granted for the term of fourtee years, subject to the payment of a stamp duty of £C. before the expiration of three years, and £100 befo the expiration of seven years. A British Pate> covers Great Britain, Ireland, the Channel Islands, a; 1 the Isle of Man. Validity of Patent, as Affected by Prior Pi . lication or Use. — " A valid British Patent cannot " obtained, if, prior to the application for the same, } " invention has become public, in Great Britain, " means of books or otherwise; but the amount of ''formation given by the prior publication, what^ " may be its nature, must, in order to avoid a su, " quent patent, be equal to that required to be give " a specif cation — that is to say, it must be enough toen- " able the public to carry the invention into practical $2 CLIEF STREET, % ¥, CITY. 36 u use. Publication or use in a foreign country " does not affect the validity of a British Patent/' The printed copies of American specifications issued by the TJ. S. Patent Office, do not reach England until about six months after the date of the American Patents. The Official Gazette of the U. S. Patent Office, pub- lished weekly, and containing the claims of patents, and partial illustrations of the inventions referred to in such claims, reaches England in about tico weeks after its date, but this publication rarely contains information suffic- ient to invalidate a British Patent granted subsequently, and before the complete specifications of the American Patent are received at the library of the English Patent Office. Working-.. — The invention does not have to be worked within the Kingdom, and may be imported. The Application. — The applicant may take the pat- ent out at once by paying the full cost ($'225.00), or he may proceed by three or four steps, and thus graduate Jthe payment of the fees. For instance, he may file, first, what is called a provisional specification. This pro- tects his invention for a period of six months, during vhich time the specification is considered confidential and { zept secret. If he proceeds in this way, the proceedings vould be as follows ; 1st Step. — Application for provisional protection (cost 75, payable in advance). 2d Step. — Notice to proceed - lost $3r.50, payable icithin two months of the date of application). 3d Step.— dealing (issue of patent), (cost $62.50, payable within three months of the date of appli- cation). 4th Step. — Fifing final specification (cost $50, 36 WEBB'S PATENT AGENCY, payable within four months of the date of application). Or, he can file a complete instead of a provisional specifica- tion, and then the proceedings would be the same as above, except that the 4th step would be omitted, and the cost of the first would be $125 instead of $75. Designs. — Useful and ornamental designs may be protected by registration. The following classes of articles of manufacture and substances to which designs may be applied, can be registered : Articles composed wholly or chiefly of metal, wood, glass, earthenware, bone, ivory, pajier-mache, or other solid substances; paper-hangings, carpets, floor-cloths, oilcloths, shawls, yarn, thread or warp, woven fabrics, lace and other ar- ticles. The term of the copyright varies from one to five years, ITAL Y. POPULATION 26,801,154— PRINCIPAL MANUFACTURES, SHIP BUILDING, MUSICAL INSTRUMENTS, SILKS, EARTHENWARE, STRAW-GOODS, ARTIFICIAL FLOWERS, MACARONI, ETC. Any person may obtain a patent, whether he is the inventor or not. The duration of the patent is limited to 15 years, and it may be secured for periods varying from one to fifteen years. If the patent is granted for a term not exceeding five years, the invention must be worked in Italy, within one year from the date of the patent. If the term exceeds five years, the invention must be worked within two years, and during every twg years thereafter. %% CLIFF STREET, N. Y. CITY. 87 Medicines are not patentable . Infringers are liable to a fine of about $100, and may be assessed damages, and the articles made by them in inf ringement of the patented invention can be confis- cated. Patents of Addition. — Are granted at any time during the life of a patent, for modifications of an in- vention patented in Italy, and the annual taxes paid on the original patent keep the patent of addition in force. Designs. — Ornamental designs can be protected by registration. NORWAY. POPULATION 1,806,900 — PRINCIPAL MANUFACTURES, LIQUORS, CLOTHS, SILKS, COTTON, LEATHER, TOBACCO, SUGAR, METALS, PAPER. Any one can obtain a patent. The term is limited to 10 years, and is fixed by the Government in each case. The invention must be icorked in Norway within one year from the date of the patent. PORTUGAL. POPULATION 4, 745 , 024 — PRINCIPAL manufactures, COTTON, WOOL, SILK, PAPER, CHEMICALS, EARTHEN- WARE, PORCELAIN, p LACE, COPPER AND TINWARE, RIBBONS, EMBROIDERIES, HATS, SOAP, GLASS, TO- BACCO. Duration of patents limited to 15 years. Granted to 88 webb's patent agency, the first inventor or importer. May be first procured for 5 years, and thereafter prolonged to the full tenn of 15 yeas, by paying an additional Government fee. The invention must be loorked at some time during the first half of the term, and the working must be public at cer- tain stated times. RUSSIA. POPULATION 88,399,808— PRINCIPAL MANUFACTURES, WOOLEN GOODS, SILK, COTTON, LINEN, LEATHER, TALLOW, CANDLES, SOAP, SUGAR AND METALLIC WARES. Patents are granted for three, five or ten years, at the option of the applicant. But the patent cannot be ex- tended or prolonged beyond the original term. No patents are granted for inventions adapted only to Gov- ernment uses. Patents of Importation are limited in duration to the term of the prior foreign patent. The invention must be worked within the Empire at some time during one-fourth of the term. SWEDEN. POPULATION 4,429,713 — PRINCIPAL MANUFACTURES ABOUT THE SAME AS NORWAY. The term of a patent is fixed by the Government in each case, and never exceeds 15 years. The applica tion should be made in the name of the inventor, if pos- sible. The invention must be worked at some time with- in two years from the date of the grant, 22 CLIFF STREET, N. Y. CITY. 39 SPAIN {including CUBA). POPULATION 18,209,471 — PRINCIPAL manufactures, COTTON, METALLIC WARES, SILK, WOOLEN AND LINEN GOODS, LEATHER, FIRE-ARMS, GLASSWARE, SUGAR, MOLASSES, COFFEE, WAX, TOBACCO AND SEGARS. Patents may be obtained by any one. The term can- not exceed 20 years, but the patent may be taken out for one year, and extended from year to year, by paying an annual fee or tax to the Government. The inven- tion must be worked within two years from the date of issue of the patent. 40 WEBBS PATEM AGENCY, SCHEDULE OF FEES. FOR OBTAINING LETTERS PATENT IN THE PRINCIPAL. FOREIGN COUNTRIES, INCLUDING ALL GOVERNMENT FEES AND TRANSLATIONS IN EACH CASE AND THE COST OF DRAWINGS. Former Price . Reduced Price, Austria and Hungary, $100 00 $ .... Belgium and Holland, 75 00 65 00 Canada, 50 00 45 00 Denmark and Iceland, 150 00 125 00 France, 100 00 80 00 Germany, 100 00 80 00 Great Britain, 250 00 225 00 Italy, 100 00 .... Norway, 200 00 120 00 Portugal, 250 00 175 00 ( 3 years 300 00 250 00 Russia, -J 5 " 350 00 325 00 (10 " 550 00 500 00 Sweden 250 00 125 00 Spain, including Cuba 100 00 Information relating to patents in other foreign countries, furnished upon jipplication by letter, or in person, at our office, and special terms made when pat- ents for the same invention are applied for in more than one country at the same time. INDEX. PAGE. Abandoned Applications 15 Appeals - . ._.. 17 Application for a Patent, The 9 Application Papers, The . 9 Argentine Republic, Population, Principal Manu- factures, &c 26 Assignments, Agreements, &c 19 Australia, Population, Principal Manufactures, &c. 27 Austria and Hungary, Population, Principal Manu- factures, &c . . 27 Belgium, Population, Principal Manufactures, &c. 28 Brazil, " " " ' 29 British Guiana " " ;' 29 British India, " '■ ' "29 Canada, \* ';' " "29 Caveats, 11 Ceylon 29 Copies of Patents 22 Copyrights 20 Denmark and Iceland, Population, Principal Man- ufactures, &c. 31 Design Patents 12 Examinations, Preliminary 9 Extension of Patents 19 Fees, American Patents ..... . 23 " Foreign Patents 40 PAGE, Foreign Patents 26 France, Population and Principal Manufactures of 31 Germany, " " " " " 32 Great Britain " " " " "33 Greece 29 How to Protect an Invention 8 Infringement Suits 19 Interferences 18 Introductory 3 Italy, Population and Principal Manufactures of . 36 Labels and Prints 16 Marking Patented Articles 13 Norway, Population and Principal Manufactures of 37 Opinions ........ .... 19 Penalty for False Marking 14 Policy of Patent Laws, The 7 Public Use 13 Portugal, Population and Principal Manufactures of 37 Prints and Labels 16 Reissue Patents, . . . . 11 Rejected and Abandoned Applications ... . . 15 Remittances 26 Russia, Population and Principal Manufactures of 38 Schedule of Fees, American Patents 23 " Foreign Patents 40 Spain, Population and Principal Manufactures of . 39 Special Department 22 " Notice 6 Sweden, Population and Principal Manufactures of 38 Trade Marks 15 What is a Patent 7 What is Patentable 9 Who may Obtain a Patent ■ .■ i ■■ r~ ' * r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 1 1 1 ■ 1 1 1 1 ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 if 1 1 1 1 1 1 1 1 1 1 1 1 1 M I M 1 1 1 M 1 1 !l 1 1 ! LIBRARY OF CONGRESS III Mil II 019 935 722 I # V