Patent
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
adj. Open; manlfest; evident; unsealed. Used in this sense in such phrases as "patent ambiguity," "patent writ," "letters patent."
— Letters patent. Open letters, as distinguished from letters close. An instrument proceeding from the government, and conveying a right, authority, or grant to an individual, as a patent for a tract of land, or for the exclusive right to make and sell a new invention. Familiarly termed a "patent." See International Tooth Crown Co. v. Hanks Dental Ass'n (C. C.) Ill Fed. 918.
— Patent ambiguity. See Ambiguity.
— Patent defect. In sales of personal property, one which is plainly visible or which can be discovered by such an inspection as would be made in the exercise of ordinary care and prudence. See Lawson v. Baer, 52 N. C. 461.
— Patent writ. In old practice. An open writ; one not closed or sealed up. See Close Writs.
n. A grant of some privilege, property or authority, made by the government or sovereign of a country to one or more individuals. Phil. Pat. 1. In English law. A grant by the sovereign to a subject or subjects, under the great seal, cohferring some authority, title, franchise, or property; termed "letters patent" from being delivered open, and not closed up from inspection. In American law. The instrument by which a state or government grants publlc lands to an individual. A grant made by tne government to an inventor, conveying and securing to him the exclusive right to make and sell his Invention for a term of years. Atlas Glass Co. v. Si-monds Mfg. Co., 102 Fed. 647, 42 C. C. A. 554; Society Anonyme v. General Electric Co.. (C. C.) 97 Fed. 605; Minnesota v. Barber, 136 U. S. 313, 10 Sup. Ct 862, 34 In Ed. 455; Pegram v. American Alkali Co. (C. Ct) 122 Fed. 1000.
—Patent hili office. The attorney general's patent bill office is the office in which were formerly prepared the drafts of all letters patent issued in England, other than those for inventions. The draft patent was called a "bill," and the officer who prepared it was called the "clerk of the patents to the queen's attorney and solicitor general." Sweet.
—Patent of precedence. Letters patent granted, in England, to such barristers as the crown thinks fit to honor with that mark of distinction, whereby they are entitled to such rank and preaudience as are assigned in their respective patents, which is sometimes next after the attorney general, but more usually next after her maj'esty's counsel then being. These rank promiscuously with the king's (or queen's) counsel, but are not the sworn servants of the crown. 3 Bl. Comm. 28; 3 Steph. Comm. 274.
—Patent-office. In the administrative system of the United States, this is one of the bureaus of the department of the interior. It bas charge of the issuing of patenis to inventors and of such business as is connected therewith.
—Patent-right. A right secured by patent ; usually meaning a right to the exclusive ' manufacture and sale of an invention or patented article. Avery v. Wilson (C. C.) 20 Fed. 856; Crown Co.rk & Seal Co. v. State, 87 Md. 687, 40 Atl. 1074, 53 In R. A. 417; Com. v. Central, etc., Tel. Co., 145 Pa. 121, 22 Atl. 84i, 27 Am. St. Rep. 077.
—Patent-right dealer. Any one whose business it is to sell, or offer for sale, patent-rights. 14 St. at Large, 118.
—Patent rolls. The officiai records of royal charters and granis; covering from the reign of King John to recent times. They contain grants of offices and lands, restitutions of temporalities to ecclesiastical persons, confirmations of grants made to bodies corporate, patents of creation of peers, and licenses of all kinds. Hubb. Succ. 617 ; 32 Phila. Law Lib. 429.
—Pioneer patent. A patent for an invention covering a function never before performed, or a wholly novel device, or one of such novelty and importance as to mark a distinct step in the progress of the art, as distinguished from a mere improvement or perfecting of what has gone before. West-inghouse v. Boyden Power-Brake Co., 170 U. S. 537, 18 Sup. Ct. 707, 42 In Ed. 1136.