Chapter 730. Amending the Statutes of the United States with respect to reissue of defective patents
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Chap. 730: Amending the Statutes of the United States with respect to reissue of defective patents. Chapter 730 45 Stat. 732 1928-05-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 1 public 732 Chapter 730.— An Act Amending the Statutes of the United States with respect to reissue of defective patents.
May 24, 1928.[[S. 2823](/us/bill/70/s/2823).][[Public, No. 501](/us/pl/70/501).] *Be it enacted by the Senate and. House of Representatives of the United States of America in Congress assembled,* That section 4916 Patents.U. S. Code, p. 1170.of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows: Reissue of any inoperative patent if error inadvertent and without any fraud.R. S., sec. 4916, p. 950, amended. " “Sec. 4916. Whenever any patent is wholly or partly inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a patent for the same invention, and in accordance with the corrected specification, to be reissued to the patentee or to his assigns or legal representatives, for the unexpired part of the term of the original patent.
Such surrender shall take effect upon the issue of the reissued patent, but in so far as the claims of the original and reissued patents are identical, such surrender shall not affect any action then pending nor abate any cause of action then existing, and the reissued patent to the extent that its claims are identical with the original patent shall constitute a continuation thereof and have effect continuously from the Several patents may be issued for separate parts of the thing patented.date the original patent.
The commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for a reissue for each of such reissued letters patent. The specifications and claims in every such case shall be subject to revision and restriction in the same manner as original Effect as if originally filed in corrected form.applications are. Every patent so reissued, together with the corrected specifications, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same No new matter to be introduced.bad been originally filed in such corrected form; but no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
” " Approved, May 24, 1928.
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Chapter 730
Amending the Statutes of the United States with respect to reissue of defective patents
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