Patent

Definition of Patent

Meaning of patent, related to United States investment and financial law, in the American Legal Dictionary. See also related words and terms of patent below.

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Further Reading

• Information about patent in: John Downes and Jordan Elliot Goodman, “Dictionary of finance and investment terms” (Hauppauge, New York, Barron's, 2014)
• Information about patent in: Jerry Martin Rosenberg, “Dictionary of investing” (New York, Wiley)
• Information about patent in: Campbell R. Harvey's Hypertextual Finance Glossary

Patent

In the Past

That which is open or manifest.

Developments

This word is usually applied to ambiguities which are said to be latent or patent.

Details

A patent ambiguity -is one which is produced by the uncertainty, contradictoriness or wrong of the language of an instrument, so that no discovery of facts or proof of declaration can restore the doubtful or smothered sense without adding ideas which the actual words will not of themselves sustain. Bac. Max. 99 T. Raym. R. 411; Roberts on Fr. 15.

Other Aspects

A latent ambiguity may be explained by parol evidence, but the rule is, different with regard to a patent abiguity, which cannot be explained by parol proof. The following instance has been proposed by the court as a patent ambiguity: ” If A B, by deed, give goods to one of the sons of J S, who has several sons, he must not aver which was intended; for by judgment of law upon this deed, the gift is void for uncertainty, which cannot be supplied by averment.” 8 Co. 155 a. And no difference exists between a deed and a will upon this subject. 2 Atk. 239.

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This rule, which allows an explanation of latent ambiguities and which forbids the use of parol evidence explaining a patent ambiguity, is difficult of application. It is attended, in some instances or cases, with very minute nicety of discrimination and becomes a little unsteady in its application. When a bequest is made ” to Jones, son of, Jones,” or ” to Mrs. B,” it is not easy to show that the ambiguity which this imperfect designation creates, is not ambiguity arising upon the face of the will and as such, an ambiguity patent, yet parol evidence is admitted to ascertain the people intended by those ambiguous terms.

Other Issues

The principle upon which parol testimony is admitted in these cases, is probably, in the first of them, a presumption of possible ignorance in the testator of the christian name of the legatee; and in the second, a similar presumption of his being in the habit of calling the person by the name of Mrs. B. Presumptions, which being raised upon the face of the will, may be confirmed and explained by extrinsic evidence. Rob' on. Fr. 15, 27; 2 Vern. 624, 5; 1 Vern. by Raithby, 31, note 2; 1 Rop. Leg. 147; 3 Stark. Ev. 1000; 3 Bro. C. C. 311 2 Atk. 239; 3 Atk. 257; 3 Ves. Jr. 547. Vide articles Ambiguity; Latent. [1]

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Notes and References

1. Partialy, this information about patent is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including patent.

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Patent

In the Past

A patent for an invention is a giant made by the government (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America to the inventor of any new or useful art, machine, manufacture or composition of matter or any new and useful improvement in any art, machine, manufacture or composition of matter not known or used by others before his or their discovery or invention tof this and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; securing to him for a limited time, there expressed, the full and exclusive right and liberty of making, constructing, using and vending to others to be used, the said invention or discovery, on certain conditions, among which is the one of at once giving up his secret and making public his discovery or invention and the way of making and using the same, so that at the expiration of his privilege, it may become public property. There is further information on this topic in this legal reference. The instrument securing this grant is also called a patent. There is further information on this topic in this legal reference. The subject will be considered by taking a succint view of, 1. There is further information on this topic in this legal reference. The legislation of the United States of America on the subject. 2. There is further information on this topic in this legal reference. The patentee. 3. There is further information on this topic in this legal reference. The depending on be patented. 4. There is further information on this topic in this legal reference. The caveat and preliminary proceedings. 5. There is further information on this topic in this legal reference. The proceedings to get a patent. 6. There is further information on this topic in this legal reference. The patent. 7. There is further information on this topic in this legal reference. The duty or tax (see more about this popular legal topic in the U.S. encyclopedia) on patents. 8. Courts having jurisdiction in patent cases. 9. Actions for violations of patents. 1. Legislation of the United States of America.

Developments

The constitution (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America authorizes congress to pass laws ” to, promote the progress of science and the useful arts, by securing, for limited times, to authors and inventors, the exclusive right of their respective writings and discoveries.” Art. 1, s. 8, n. 8. By virtue of this authority congress can grant patents to inventors and it rests in the sound, discretion of the legislature to say when and for what length of time and under what circumstances the patent for an invention must be granted. Congress may, therefore, grant a patent which must run retrospectively by securing to the inventor the use of his invention, though it was in public use and enjoyed by the community at the time this act was passed. 3 Sumn. 535; 2 Story, R. 164. The first act passed under this power is that which established the patent office on the 10th of April, 1790, 1 Story, L. U. S. 80. There were several supplements and changes to this first law, namely, the acts passed February 7, 1793, Idem, 300; June 7, 1794, Idem, 363; April 17, 1800, Idem, 753; July 3,1832, 4 Sharsw. cont. of Story, L. U.S. 2300; July 13, 1832, Idem, 2313.

Details

These acts were repealed by the act of July 4, 1836, 4 Sharsw. cont. Story, L. U. S. 2504, which. enacts:
21. That all acts and parts of acts tuntil now passed on this subject be and the same are now repealed: given, however, That all actions and processes, in law or equity (see more about this popular legal topic in the U.S. encyclopedia) sued out beforethe passage of this act, may be prosecuted to final judgment and execution, in the same way as though this act had not been passed, excepting and saving the application to any such action, of the provisions of the fourteenth and fifteenth sections of this act, so far as they maybe applicable to this. And given, also, That all applications and petitions for patents, pending at the time of the passage of this act, in cases where the duty has been paid, must be proceeded with and acted on in the same way as though filed after the passage tof this.

Other Aspects

The existing laws on the subject of patents are the act of July 4, 1836, already mentioned; the acts of March 3, 1837; Idem, 2546; March 3, 1839; 9 Laws U. S, 1019; August29,1842; ch. 263, Pamph. Laws, 171; May 27, 1848. Minot's Stat. at Large, U. S. 231. 2. Of the patentee.

More Information

Any person or people having discovered or invented the thing to be pa-tented, whether he be a citizen of the United States of America or an alien, is entitled to a patent on fulfilling the needs of the law. Act of July 4, 1836, s. 6.

Other Issues

By the 10th section of the same act it is given, That where any person hath made or must have made, any new invention, discovery or improvement, on account of which a patent might by virtue of this act be granted, and, such person must die before any patent must be granted for this, the right of applying for and geting such patent must devolve on the executor or administrator of such person, in trust for the heirs at, law of the deceased, in case he must have died intestate; but if or, then in trust for his devisees, in as full and ample way and under the same conditions, limitations and limits, as the same was held or might have been claimed or enjoyed by such in his or her lifetime; and when application for a patent must be made by such legal representatives, the oath or affirmation given in the sixth section of this act, must be so varied as to be applicable to them.

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And by the act of March 3, 1837, section 6, it is enacted, That any patent after this to be issued, may be made and issued to the assignee or assignees of the inventor or discoverer, the assignment tof this being first entered of record and the application for this being duly made and the specifications duly sworn to by the inventor. And in all cases, hereafter, the applicant for a patent must be held to give duplicate drawings, Whenever the case admits of drawings, one of which to be deposited in the office and the other to be annexed to the patent and considered a part of the specification. 3. The depending on be patented

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Patents are granted, 1. For inventions and discoveries. 2. For importations. 1. Patents for inventions and discoveries. By the act, of July 4, 1836, sect. 6, it is enacted, that any person or people having discovered or invented any new and useful art, machine, manufacture or composition of matter or any new and useful improvement on any art, machine, manufacture or composition of matter, not known or used by others before his or their discovery or invention tof this and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer and must wish to get an exclusive property (see more about this popular legal topic in the U.S. encyclopedia) there, may make application in writing to the commissioner of patents, expressing such wish and the commissioner on due proceedings had, may grant a patent therefor.

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The thing to be patented must be an invention Or discovery; it must be new and useful.

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The invention or discovery must be something which the inventor has himself found out; some peculiar device or way of producing any given effect. A patent cannot, therefore, be taken out for the elementary principles of motion, which philosophy and science have discovered, but only for the way of applying them. 1 Gallis. 478; 2 Gallis. 51. A patent may be taken out for an improvement on a machine which is known and used; 3 Wheat. 454; but a mere change of former proportions, will not entitle a party to a patent. 1 Gallis. 438; 2 Gallis. 51. It is given by the act of July 4, 1836, s. 13, that whenever the original patentee must be desirous of adding the description and specification of any new improvement of the original invention or discovery which must have been invented or discovered by him after the date of his patent, he may, like proceedings being had in all respects as in the case of original applications and on the payment of fifteen dollars, as herebefore given, have the same annexed to the original description and specification; and the commissioner must certify, on the margin of such annexed description and specification, the time of its being annexed and recorded; and the same must tafter this have the same effect in law, to all intents and purposes as though it had been embraced in the original description and specification. And by the act of March 3, 1837, s. 8, that, whenever application must be made to the commissioner for any addition of a newly discovered improvement to be made on an existing patent or when ever a patent must be returned for correction and re-issue, the specification of claim annexed to every such patent must be depending on revision and limit, in the same way as are original applications for patents; the commissioner, must not add any such improvement to the patent in the one case, nor grant the re-issue in the other case, until the applicant must have entered a disclaimer or altered his specification of claim in accordance with the decision of the commissioner; and in all such cases the applicant, if dissatisfied with such decision, must have the same remedy and be entitled to the benefit of the same privileges and proceedings as are given by law in the case of original applications for patents. The thing patented must be a new and useful invention, discovery or improvement. [1]

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Notes and References

1. Partialy, this information about patent is based on the Bouvier?s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier?s Law Dictionary, including patent.

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