CHAPTER XI.
APPLICATION
FOR PATENTS, DESIGN PATENTS, TRADE-MARKS LABELS AND COPYRIGHTS
"The man who does things is the man who is doing things. The busiest man in the city is the man who is always ready for new business."
"To postpone action generally means an attempt to kill by time."--John Timothy Stone.
WHAT IS PATENTABLE.
An art or process, Machines or mechanisms, Manufactured articles, Compositions of matter, Improvements on any of the above,
if the art, machine, manufactured article, composition of matter, or improvement thereof, for which a Patent is desired, was not known or used by others, in this country, and has not been patented or described in any printed publication in this or any foreign country, before the applicant's invention or discovery thereof, and has not been in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned.
Usual Cost
The cost of taking out a patent varies with different cases. In a simple case such as, for instance, an improvement in potato mashers, it is, ordinarily, $65. Some attorneys charge $5 less, and some $10 more, according to their schedules. This amount is made up as follows:
Preliminary search of Patent Office records $ 5 00 Preparation of drawings, one sheet 5 00 Preparation of specification and claims 20 00 First Government fee 15 00 Final Government fee, payable six months after allowance of patent 20 00 _____ Total cost of simple one-sheet case $65 00
Complicated machines and processes that require a large number of sheets of drawings and contain a great deal of detail work cost often times, especially if interferences develop, as much as $1000. Elsewhere in this volume is quoted the opinion of the Supreme Court as regards the importance of having the specification and claims carefully drawn. Have your work done well, and expect to pay a fair price for good service.
DESIGN PATENTS.
Preparation of drawings and specification, and prosecuting case $25 00 Government fee, for 3-1/2 10 00 Government fee, for 7 15 00 Government fee, for 14 30 00
COPYRIGHTS.
The cost of obtaining a Copyright, including all fees, is usually $ 5 00
TRADE-MARKS.
Preliminary Search, Government and Attorney's Fees $25 00
LABELS.
Government and Attorney's Fees $16 00
NOTE.--Patents run for seventeen years, and cannot be renewed. Design Patents run for 3-1/2, 7 or 14 years, as the case may be. Trademarks run for thirty years, and longer, if desired. Label Patents run for 28 years, and may be renewed for fourteen years longer, if desired. Copyrights run for 28 years, and may be renewed for fourteen years longer, if desired. Special rates and terms are payable on "Interferences," Infringements, Appeals and Assignments.
* * * * *
FOREIGN PATENTS can be procured in all civilized countries, but should be applied for only after the most careful study as to whether they are likely to prove profitable to the inventor. We are inclined to say it is the exception when they do.
* * * * *
"Rules of Practice" issued by the United States Patent Office contain the following in regard to the importance of care in the selection of an attorney:
"As the value of Patents depends largely upon the careful preparation of the Specification and Claims, the assistance of competent counsel will, in most instances, be of advantage to the applicant; but the value of their services will be proportionate to their skill and honesty, and too much care cannot be exercised in their selection."
* * * * *
"Before you spend much money, either your own or any one's else, be sure (1) that your invention will work; (2) that no one else has patented it; (3) that there is an opportunity for its sale; (4) that there is not too much competition. Many a man starts off and orders a fancy nickel-plated model, and applies for his patent, only to find that the idea will not work even the least little bit. In this matter the advice of some one else well up in the theory, added to that of some one else well up in the practice, would be valuable."
* * * * *
"Many an application done up in all the bravery of typewriting, notarial seal, and all that, has been rejected like a bad penny for the very simple reason that some one else had before patented the idea, or something enough like it to bar out the newcomer. It is cheaper to have the ground gone over first by a preliminary search by a competent person even before the application is written out."
* * * * *
"Don't be unduly suspicious. Don't fear that any one who takes more than a passing interest in your invention is going to steal it. All business is based more or less on trust. You trust some one every day. So does every one else. There is no use in your showing every Tom, Dick and Harry what you have, or expect to have; but if you show a man anything at all, do it with trust. If he is not trustworthy, do not show him anything."--Dr. Grimshaw.