1110. Notice by one Partner to Another, to Determine a Partnership, Under a Power Reserved for the Purpose.

PURSUANT to the power for this purpose contained in certain articles of . partnership, dated the day of and made between you of the one

part and me of the other part, I hereby give you notice that it is my intention to determine the partnership now subsisting between us under the said articles forthwith [or, at the expiration of

puted from the date hereof].(p)

[Date.]

[Address to other partner.]

months, to be com

[Signature.]

1111. Memorandum of Dissolution Indorsed on the Articles.

By mutual consent of the parties to the within agreement, the partnership thereby formed is wholly dissolved, except so far as it may be necessary to continue the same for the final liquidation and settlement of the business thereof; and said agreement is to continue in force until such final liquidation and settlement be made, and no longer. A. B. only [or, each of the parties] is authorized to sign in liquidation.

IN WITNESS [etc., as in Form 1094].,

1112. Advertisement of Dissolution.

NOTICE is hereby given, that the partnership lately subsisting between A. B. and Y. Z., of under the firm of B. and Z., expired on the [or, was dissolved on the day of

day of

by mutual consent,

or, pursuant to the terms of the articles]. All debts owing to the said partnership are to be received by said A. B., and all demands on the said partnership are to be presented to him for payment [or, A. B. is authorized to settle all debts due to and by the firm]. [Date.]

[Signature of partners.]

1113. Advertisement of a Partner's Retiring.

NOTICE is hereby given, that the partnership between A. B., C. D. and E. F., was dissolved on the day of so far as relates to the said E. F. All debts due to the said partnership, and those due by them, will be settled with and by the remaining partners [who will continue the business under the firm of B. & D.]

[Date.]

[Signatures of the partners.]

(p) If the dissolution is because of a violation of the articles, state it briefly.

Limited.

II. LIMITED OR SPECIAL PARTNERSHIPS.

1114. Certificate of Formation of Limited Partnership.

THIS IS TO CERTIFY, that the undersigned have formed a limited partnership, pursuant to the provisions of the Revised Statutes of the State of New York. That the name or firm under which such partnership is to be conducted is That the general nature of the business to be transacted is [here specify it—e. g., thus:] buying and selling [on commission] hardware and house-furnishing goods, and such articles as are usually dealt in by dealers in such ware and goods. That the names of all the general and special partners are as follows: A. B., who resides at and C. D., who resides at are the general partners; and E. F., who resides at and G. H., who resides at are the special partners; and that dollars, and G. H. the sum

the said E. F. has contributed the sum of

of

dollars, as capital to the common stock; and that the said partner

[Add acknowledgment or proof, as if it were a deed of lands. See pp. 55 to 61, ante.]

COUNTY OF

1115. Affidavit of Payment of Capital.

88. "

A. B., being duly sworn, says, that he is the general partner [or, one of the general partners] named in the above certificate, and that the sum specified in the said certificate to have been contributed by the [or, each] special partner to the common stock, has been actually, and in good faith, paid in cash.

1116. Designation of Newspapers in Which Publication is to be Made. LET the terms of the limited partnership between A. B., C. D. and E. F. be published in the which papers are published in

, in

and the

County.

[Signature of] Clerk of the County of

1117. Affidavit of Publication, by Printer of Newspaper. COUNTY OF

88.

A. B., being duly sworn, says, that he is printer of the newspaper known as the [insert name of newspaper], published daily or weekly, at [insert place of its publication], and that the advertisement, a copy whereof is hereto annexed, was published in said newspaper, for six weeks successively—that

Patents.

is to say, in the issues of said newspaper, dated respectively the

day of

the day of [inserting here the dates

the day of

when the advertisement appeared].

SWORN [etc., as in Form 1115].

[Signature.]

1118. Certificate of Continued Use of Firm-Name.

WHEREAS the copartnership, heretofore existing under the firm-name of A., B. & Co., has been dissolved by the retirement of B., but the business is to be continued by the subscribers, one of whom was a copartner in said firm. And whereas the said copartnership had business relations with foreign countries [or, was a copartnership within this State, and had conducted business therein for a period of five years-or, was a limited partnership formed under the laws of this State, and A. and C., members thereof, are the general partners-or, a majority of the general partners] in the continued partnership hereinafter, referred to, as specified in the act of the Legislature of the State of New York, entitled "An Act allowing the continued use of copartnership names in certain cases," and the acts amending the same. Now, THEREFORE, we, A., C. and D., whose places of abode are in the city of and E., whose place of abode is in the city of do hereby certify, pursuant to said statute, that we are the persons now and hereafter dealing under the said firm-name of A., B. & Co. [Date.]

[Add acknowledgment() by signers, as in Forms 105-108.]

[Signatures.]

CHAPTER LXVIII.

PATENTS.

THIS chapter embraces only forms connected with Letters Patent issued by the United States, for inventions, designs, etc. The laws of many foreign countries allow Americans to take out patents there, but this subject is not here embraced, nor are Patents for Lands.

Both citizens and aliens are here allowed to take out patents. In case of death of the actual inventor, the patent will be issued to his representatives. Although one, in this country, has made an invention unassisted by knowledge of any similar one, he will not be allowed a patent, if his invention has been previously patented or described in any printed publication in this or any foreign country, or has been invented or discovered, so as actually to reduce it to practical working form, in this country.

(4) The statute does not provide for proof by a subscribing witness instead of acknowledgment.

Reissues.

Extensions.

Designs.

Fees.

In obtaining a patent the applicant prepares and forwards to the commissioner of patents a petition, accompanied by a specification in which the peculiar features of the invention are described and the patent claimed is defined, and by the affidavit of the inventor, and by appropriate drawings and working model. The claim is examined, usually in its regular order, in the Patent Office at Washington, and if allowed, the patent is made out and forwarded to the applicant. If it is disallowed, the petitioner has a privilege of several successive appeals.

When a patent has been issued and is afterwards found to be invalid by reason of a defective specification, if the error arose from honest inadvertence, accident or mistake, the patent may be surrendered, and a new and correct one issued in its place. This is called a reissue.

Patents granted prior to March 2, 1861, may be extended by the commissioner of patents for seven years beyond the original term (fourteen years), provided the commissioner is satisfied that the invention is novel; that it is useful, and valuable and important to the public; that the inventor has not been adequately remunerated for it, and that he has used due diligence in introducing it to use. Patents for inventions granted since that day are issued for seventeen years, and cannot be extended.

A citizen, or an alien who has resided one year here and made oath of intention to become a citizen, can file in the Patent Office a caccat; containing a general description of any invention he has made, but has not yet sufficiently perfected to enable him to apply for a patent for it. He is then entitled to notice from the Patent Office of any application made within one year for a patent for the same invention, and to have an opportunity to prove that he is the original inventor, and the person really entitled to a patent. At the end of a year the caveat may be renewed, and so on from year to year.

The assignee of any invention may have the patent issue to him directly; but this is held to apply only to assignees of entire interests. Although when the inventor assigns his entire interest to two or more, a patent will issue to them jointly, still, if he retains a portion in himself, a joint patent will not be issued to him and them; the inventor, however, may make himself an assignee of a part interest of his invention. An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name, but the assignment must first be recorded and the specification sworn to by the inventor.

After a patent is obtained the patentee may grant the right to make or use the thing patented in any specified portion of the United States.

Every assignment or grant should be recorded within three months from its date; but if recorded after that time it will protect the assignee or grantee against any one purchasing after the assignment or grant is placed on record. When the patent is to issue in the name of the assignee, the entire correspondence should be in his name.

Patents are now granted for designs; that is, for artistic figures, pictures, ornaments, etc., intended to be worked in or painted or printed upon articles of manufacture. These may be obtained for three and a half years, seven years or fourteen years, at the election of the inventor.

Fees are payable in advance; the principal ones required in obtaining patents are:

Money may be remitted to the Patent Office, by mail or otherwise, at the risk of the owner, or may be paid to either of the following officers, and his receipt sent to the Patent Office.

Conduct of Patent Business.

The assistant treasurer of the U. S., at Boston, Mass.; at New York City; at St. Louis, Mo.; and at San Francisco, Cal.; treasurer of the mint, Philadelphia, Pa.; surveyor and inspector, Pittsburgh, Pa.; collector of customs at Baltimore, Md.; and at Buffalo Creek, N. Y.; surveyor of the customs, Cincinnati, O.; receiver of public moneys, at Jeffersonville, Ind.; at Chicago, Ill. ; and at Detroit, Mich.; and any National Bank which has been designated a depository of public moneys.

All ordinary business connected with obtaining patents may be carried on as well by correspondence as by the personal attendance of the party. Letters should be addressed to the commissioner of patents, Washington, D. C.

Pamphlets containing the paten laws, and directions for proceedings in the Patent Office are issued by the office, and may be had by addressing the commissioner. New editions are published annually, being corrected to conform to the existing state of the law. If correctly followed, they are a sufficient guide in ordinary cases; but more experience is necessary than is often supposed, to enable an applicant to frame his specification and claim aright. In respect to these the general rule is, that the invention must be so fully and accurately described as to enable any person skilled in the proper branch of art or science, to make and use the thing for which the patent is asked; and the parts for which a patent is asked must be defined with precision. Unless the invention is unusually simple, or the inventor has more than average experience in framing legal instruments, it is wise to consult a reliable patent agent or an experienced patent lawyer.

1119. Petition for a patent for an invention.....

1120. General form of specification for a new machine...

PAGE

578

579

1121. General form of specification for an improvement upon an existing machine. 581

1122. Example of a specification for an improvement in the steam-engine....... 581 1123. Oath by a citizen.....

582

1124. Oath by an alien who has taken steps to become naturalized.

582

1128. Oath by an alien who has taken steps to become a citizen 1129. Amendments to specification.

584

584

1180. Appeal to examiners-in-chief from decision rejecting application..

585

588

589

1135. Deposition to be used in contested cases in the Patent Office.

1136. Certificate to be annexed by magistrate.....

1187. Superscription to be written on the envelope containing the deposition.... 589

1119. Petition for a Patent for an Invention (a)

To the commissioner of patents:

THAT your petitioner has invented a new and improved mode of preventing steam-boilers from bursting [or otherwise designate the general nature

(a) The petition must be written in the English language, addressed to the coinmissioner of patents and signed by the inventor, if alive; even though the patent

is to issue to an assignee. If the inventor is dead, the petition may be made by his executor and administrator.