patent

A patent by its very nature is affected with a public interest. As recognized by the Constitution, it is a special privilege designed to serve the public purpose of promoting the 'Progress of Science and useful Arts.' At the same time, a patent is an exception to the general rule against monopolies and to the right to access to a free and open market.

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. As the term was originally used in England, it signified certain written instruments emanating from the king, and sealed with the great seal. These instruments conferred grants of lands, honors, or franchises; they were called "letters patent," from being delivered open, and by way of contradistinction from instruments like the French lettres de cachet, which went out sealed. In the United States the word "patent" is sometimes understood to mean the title deed by which a government, either state or federal, conveys its lands. But in its more usual acceptation it is understood as referring to those instruments by which the United States secures to inventors _ for a limited time the exclusive use of their own inventions.

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.

letters patent. A grant of some privilege, property or authority, made by the state or sovereign to one or more individuals; a grant by the state of the exclusive' privilege of making, using and vending, and authorizing others to make, use and vend, an invention; a grant by government of public lands. Patent right: a right granted or conferred by a patent.

In English law. Patent rolls: rolls containing the records of letters patent granted by the crown since the year 1516.

Open; unsealed, v. Clause, patent: a grant of some privilege, made by the sovereign to one or grant of an exclusive privilege to for a term of years; a grant by the he lands.

Open. The word is, originally, an adjective applicable to any document or writing which is subject to any one's perusal, not closed, or sealed in the sense of secured against inspection. But its chief use for many years has been as a designation of letters-patent; an instrument issued by the sovereign power, for public reading, and embodying some grant of authority, franchise, or privilege. Thus the word, in common use, by elision, is equivalent to letters-patent; and in this use it appears as a noun. Patentee is one to whom letterspatent, either for an invention or for lands, have been granted. As such letters are always granted by the sovereign power, the correlative, patenter, is not in use. f yyp' L. ^l^"! A great variety of graints from governments may be, and in England are, made by means of letters-patent; but in this country two are of prominent importance, — letters-patent granted by the United States, securing to an inventor the exclusive right (for a term of years) to his invention; and letters-patent granted by the United States or by a state, granting some portion of the public lands. The two are commonly known as patents for inventions, or patents for lands. When a patent is spoken of, the context and attendant circumstances must be considered to determine which of the two is meant. Patent ambiguity. An uncei-tainty or question between two meanings of language which arises on bare inspection of the words themselves. See Ambiguity; Latent Ambiguity. Patent of precedence. Letters-patent granted to such barristers as the crown thinks fit to honor with that mark of distinction, whereby they are entitled to such rank and pre-audience as are assigned in their respective patents, which is sometimes next after the attorney-general, but more usually next after his majesty'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 a. lishment at the seat of government charged with the duty of receiving and passing upon applications of inventors, issuing patents thereon, preserving the appropriate records, and other duties incidental thereto. Patent-right. A right secured by letters-patent, and almost always a right to a discovery or invention. During the reigns of the Stuarts, and of Elizabeth, the practice of royal grants, by letters-patent, of exclusive rights to carry on some business or manufacture, was extensive, and became oppressive and injurious. It was curtailed by the Stat. 21 Jac. I. ch. 3 (see Monopoly), which, however, preserved and allowed the issuing of letters-patent to inventors securing to them the exclusive control of their inventions. Upon this reservation in the statute the modem English system of patent law is considered to be founded. The mode in which a patent is to be obtained is, however, prescribed by much more recent statutes, particularly Stat. 15 & 16 Vict. ch. 83, and 16 & 17 Vict. ch. 5 and 115, dating in 1852 and 1853. The course of proceeding is thus outlined by Mozley & Whiteley. The application is made by petition, the allegations of which are to be supported by a solemn declaration that the petitioner is the true and first inventor, and that the invention is not in use in this country by any other person, to the best of his knowledge and belief. This petition and declaration are to be left at the office of the commissioners of patents for inventions, and with them an instrument called the "provisional specification," describing the nature of the invention; or the applicant may insert a " complete " instead of a "provisional" specification, more particularly describing the nature of the invention. The next step is for the applicant to give notice to the commissioners of his intention to proceed with his application. The intention will be advertised, and time will be given for lodging objections to the grant; which, being heard, the law officer may grant a warrant for the sealing of the letters-patent. The warthe letters-patent to be sealed. In the letters-patent is contained a proviso that they are to be voi3, if the specification is incorrect. The acts above cited also declared it competent, upon petition to the crown, to obtain an extension of this patent-right after the expiration of the fourteen years allowed by the statute of James, for such further period as the privy council shall think is fit or proper for the due remuneration of the inventor. In the United States, the constitution contains an express grant to congress of power to promote the progi-ess of science and the useful arts, by securing to inventors the exclusive use of their discoveries. Under this power, successive acts of congress have been passed, and an extensive system of issuing patents has arisen. The laws most important are, 1, the act of 1836, which repealed previous legislation, and, with some auxiliary and amendatory laws, governed the subject down to 1870; and, 2, a codification or revision of the patent laws made in 1870, and afterwards reenacted, with changes of arrangement and expression and some amendments, in the Revised Statutes. For a full account of the American system of patent law, see the Revised Statutes, also Curtis Patents; 1 Aib. U. S. Cls. Prac. ch. Patents; Abh. Nat. Dig. tit. Patents. Patent-right dealer. Any one whose business it is to sell, or offer for sale, patentrights. Act of congress of July 13, 1866, § 9, 14 Stat, at L. 118. Patent rolls. The official records of royal charters and grants; 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. Hub. Eoid. Sue. 617 ■ 32 PMla. Law Lib. 429.