Chapter 1019. To effectuate the provisions of the additional act of the international convention for the protection of industrial property
1,567 words·~7 min read·
/statutes-at-large/vol-32/chapter-1019-5268639·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 1019.— An Act To effectuate the provisions of the additional act of the international convention for the protection of industrial property. March 3, 1901. [[Public, No. 169](/us/pl/57/169).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section forty-eight hundredPatent law amendments.Patents for inventions patented abroad.[R. S., sec. 4887, p. 46](/us/rs/s4887/p46), amended.Vol. 29, p. 693. and eighty-seven of the Revised Statutes is amended by changing the word “seven” to “twelve,” and by inserting after the word “months” the words “in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and four months, in cases of designs,” and by adding the following words:
“An application for patent for an invention or discovery or for a design tiled in this country by any person who has previously regularly tiled an application for a patent for the same invention, discovery, or design in a foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States shall have the same force and effect as the same application would have if tiled in this country on the date on which the application for patent for the same invention, discovery, or design was first tiled in such foreign country, provided the application in this country is tiled within twelve months in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and within four months in cases of designs, from the earliest date on which any such foreign application was filed.
But no patent shall be granted on an application for patent for an invention or discovery or a design which had been patented or described in a 1226printed publication in this or any foreign country more than two years before the date of the actual filing of the application in this country, or which had been in public use, or on sale in this country for more than two years prior to such filing;” so that the section so amended shall read: " “Sec. 4887. Receiving patents in foreign country not to bar issue.Exceptions.
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 Patents.or assigns in a foreign country, unless the application for said foreign Designs.[R. S., sec. 4886, p. 946](/us/rs/s4886/p946).patent was filed more than twelve months, in cases within the provisions of section forty-eight hundred and eighty-six of the Revised Statutes, and four months in cases of designs, prior to the filing of the application in this country, in which ease no patent shall be granted in this country.
Applications to be filed within twelve months.“An application for patent for an invention or discovery or for a design filed in this country by any person who has previously regularly filed an application for a patent for the same invention, discovery, or design in a foreign country which, by treaty, convention, or law, affords similar privileges to citizens of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery, or design was first filed in such foreign country, provided the application in this country is filed within twelve months in cases within the provisions of section forty-eight hundred For designs within four months.and eighty-six of the Revised Statutes, and within four months in cases of designs, from the earliest date on which any such foreign Exception.application was filed.
But no patent shall be granted on an application for patent for an invention or discovery or a design which had been, patented or described in a printed publication in this or any foreign country more than two years before the date of the actual filing of the application in this country, or which had been in public use or on sale in this country for more than two years prior to such filing.” " Sec. 2. [R. S., sec. 4892, p. 947](/us/rs/s4892/p947), amended. That section forty-eight hundred and ninety-two of the Revised Statutes is amended by inserting after the words “notary public” the words “judge or magistrate having an official seal and authorized to administer oaths,” and by adding at the end thereof the words “whose authority shall be proved by certificate of a diplomatic or consular officer of the United States;” so that the section so amended shall read:
" “Sec. 4882. Oath required from applicant. The applicant shall make oath that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not believe that the same was ever before known or used; and shall state of what Persons authorized to administer oath in foreign countries.country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, charge d’affaires, consul, or commercial agent holding commission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and authorized to administer oaths in the foreign country in which the applicant may Certificate of authority.be, whose authority shall be proved by certificate of a diplomatic or consular officer of the United States.
” " Sec. 3. [R. S., sec. 4896, p. 947](/us/rs/s4896/p947), amended. That section forty-eight hundred and ninety-six of the Revised Statutes is amended by adding thereto the following sentence: “The executor or administrator duly authorized under the law of any foreign country to administer upon the estate of the deceased inventor shall, in case the said inventor was not domiciled in the United States at the time of his death, have the right to apply for and obtain the 1227patent.
The authority of such foreign executor or administrator shall be proved by certificate of a diplomatic or consular officer of the United States;” so that the section so amended shall read as follows: " “Sec. 4896. When any person, having made any new invention orWhen and on what oath executor or administrator may obtain patent. discovery for which a patent might have been granted, dies before a patent is granted, the right of applying for and obtaining the patent shall devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he shall have died intestate; or if he shall have left a will disposing of the same, then in trust for his devisees, in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him in his lifetime; and when the application is made by such legal representatives, the oath or affirmation required to be made shall be so varied in form that it can be made by them.
The executor or administrator duly authorizedRight of executor, etc., in case inventor dies abroad. under the law of any foreign country to administer upon the estate of the deceased inventor shall, in case the said inventor was not domiciled in the United Suites at the time of his death, have the right to apply for and obtain the patent. The authority of such foreign executor or administrator shall be proved by certificate of a diplomatic or consularCertificate of authority. officer of the United States,” " Sec. 4.
That section forty-nine hundred and two is amended by[R. S., sec. 4902, p. 948](/us/rs/s4902/p948), amended. striking out the words “citizen of the United States” in the first line thereof, and substituting the word “person” in place thereof, and by striking out the last clause of said section; so that this section so amended shall read as follows: " “Sec. 4902. Any person who makes any new invention or discoveryFiling and effect of caveat.Any person may file by payment of fee. and desires further time to mature the same may, on payment of the fees required by law, file in the Patent Office a caveat setting forth the design thereof and of its distinguishing characteristics and praying protection of his right until he shall have matured his invention.
SuchTime limit. caveat shall be tiled 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; and if application is made within the year by anyInterference. other person for a patent with which such caveat would in any manner interfere the Commissioner shall deposit the description, specification, drawings, and model of such application in like manner in theNotice. confidential archives of the office and give notice thereof by mail to the person by whom the caveat was tiled.
If such person desires to availSpecifications, etc., must be filed within three months. himself of his caveat he shall file his description, specifications, drawings, and model within three months from the time of placing the notice in the post-office in Washington, with the usual time required for transmitting it to the caveator added thereto, which time shall be indorsed on the notice.” " Approved, March 3, 1901.