(单词翻译:单击)
§6. Of the patent.
33. This section will be divided by considering, 1. The form of the patent. 2. The correction of the patent. 3. The special provisions of the acts of congress occasioned by the burning of the patent office. 4. The disclaimer. 5. The assignment of patents. 6. The extension of the patent. 7. The requisites1 to be observed after the granting of a patent to secure it.
1. Form of the patent.
34. The patent is to be issued in the form prescribed by the act of congress. The fifth section of the act of July 4, 1836, directs, that all patents issuing from said office shall be issued in the name of the United States, and under the seal of said office, and be signed by the secretary of state, and countersigned2 by the commissioner3 of the said office, and shall be recorded, together with the descriptions, specifications5 and drawings, in the said office, in books to be kept for that purpose. Every such patent shall contain a short description or title of the invention or discovery, correctly indicating its nature and design, and in its terms grant to the applicant6 or applicants7, his or their heirs, administrators8, executors or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, using, and vending9 to others to be used, the said invention or discovery, referring to the specifications for the particulars thereof, a copy of which shall be annexed10 to the patent, specifying11 what the patentee claims as his invention or discovery. It is usually dated at the time of issuing it, but by a provision of the last mentioned act, section 8, whenever the applicant shall request it, the patent shall take date, from the time of filing, the specification4 and drawings, not, however, exceeding six months prior to the actual issuing of the patent.
2. Correction of patent.
35. It is provided by the thirteenth section of the act of July. 4, 1836, that whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid12, by reason of a defective13 or insufficient14 description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had or shall have a right to claim as new; if the error has, or shall have arisen b y inadvertency, accident or mistake, and without any fraudulent or deceptive15 intention, it shall be lawful16 for the c6mmissioner, upon the surrender to him of such patent, and the payment of the further duty of fifteen dollars, to cause a new patent to be issued to the said inventor, for the same invention, for the residue17 of the period then unexpired for which the original patent was granted, in accordance with the patentee's corrected description and specification. And in the event of his death, or any assignment by him made of the original patent, a similar right shall vest in his executors, administrators, or assignees. And the patent, so reissued, together with the corrected description and specification, shall have the same effect and operation in law, on the trial of all actions, hereafter commenced for causes subsequently accruing18, as though the same had been originally filed in such corrected form, before the issuing out of the original patent. And whenever the original patentee shall be desirous of adding the description and specification of any new improvement of the original invention or discovery which shall have been invented or discovered by him subsequent to the date of his patent, he may, like proceedings19 being had in all respects as in the case of original applications, and on the payment of fifteen dollars, as hereinbefore provided, have the same annexed to the original description and specification; and, the commissioner shall certify20, on the margin21 of such annexed description and specification, the time of its being annexed and recorded; and the same shall thereafter have the same effect in law, to all intents and purposes, as though it had been embraced in the original description and specification.
36. And it is enacted22 by the act of March 3, 1837, section 5, that, whenever a patent shall be returned for correction and reissue under the thirteenth section of the act to which this is additional, and the patentee shall desire several patents to be issued for distinct and separate parts of the thing patented, he shall first pay, in manner and in addition to the sum provided by that act, the sum of thirty dollars for each additional patent so to be issued; Provided, however, that no patent made prior to the aforesaid fif-teenth day of December, 1836, shall be corrected and reissued until a duplicate of the model and drawing of the thing as originally invented, verified by oath as shall be required by the commissioner, shall be deposited in the patent office: Nor shall any addition of an improvement be made to any patent heretofore granted, nor any new patent to be issued for an improvement made in any machine, manufacture, or process, to the original inventor, assignee or possessor, of a patent therefor, nor any disclaimer be admitted to record, until a duplicate model and drawing of the thing originally intended, verified as aforesaid, shall have been deposited in the patent office, if the commissioner shall require the same; nor shall any patent be granted for an invention, improvement, or discovery, the model or drawing of which shall have been lost, until another model and drawing, if required by the commissioner, shall, in like manner, be deposited in the patent office:
37. And in all such cases, as well as in those which may arise under the third section of this act, the question of compensation for such models and drawings, shall be subject to the judgment23 and decision of the commissioners24 provided for in the fourth section, under the same limitations and restrictions25 as are therein prescribed.
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requisites
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n.必要的事物( requisite的名词复数 ) | |
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countersigned
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v.连署,副署,会签 (文件)( countersign的过去式 ) | |
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commissioner
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n.(政府厅、局、处等部门)专员,长官,委员 | |
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specification
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n.详述;[常pl.]规格,说明书,规范 | |
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specifications
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n.规格;载明;详述;(产品等的)说明书;说明书( specification的名词复数 );详细的计划书;载明;详述 | |
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applicant
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n.申请人,求职者,请求者 | |
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applicants
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申请人,求职人( applicant的名词复数 ) | |
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administrators
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n.管理者( administrator的名词复数 );有管理(或行政)才能的人;(由遗嘱检验法庭指定的)遗产管理人;奉派暂管主教教区的牧师 | |
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vending
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v.出售(尤指土地等财产)( vend的现在分词 );(尤指在公共场所)贩卖;发表(意见,言论);声明 | |
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annexed
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[法] 附加的,附属的 | |
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specifying
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v.指定( specify的现在分词 );详述;提出…的条件;使具有特性 | |
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invalid
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n.病人,伤残人;adj.有病的,伤残的;无效的 | |
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defective
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adj.有毛病的,有问题的,有瑕疵的 | |
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insufficient
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adj.(for,of)不足的,不够的 | |
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deceptive
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adj.骗人的,造成假象的,靠不住的 | |
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lawful
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adj.法律许可的,守法的,合法的 | |
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residue
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n.残余,剩余,残渣 | |
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accruing
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v.增加( accrue的现在分词 );(通过自然增长)产生;获得;(使钱款、债务)积累 | |
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proceedings
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n.进程,过程,议程;诉讼(程序);公报 | |
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certify
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vt.证明,证实;发证书(或执照)给 | |
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margin
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n.页边空白;差额;余地,余裕;边,边缘 | |
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enacted
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制定(法律),通过(法案)( enact的过去式和过去分词 ) | |
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judgment
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n.审判;判断力,识别力,看法,意见 | |
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commissioners
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n.专员( commissioner的名词复数 );长官;委员;政府部门的长官 | |
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restrictions
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约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则) | |
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