Section 4887. No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented by the inventor or his legal representatives or assigns in a foreign country, unless the applicatoin for said foreign patent was filed more than seven months prior to the filing of the application in this country, in which case no patent shall be granted in this country.

16 McCormick vs. Seymour, 15 Fed. Cas. No. 8, 725.

17 Blandy vs. Guffith, 3 Fed. Pat.

Cas., 609.

18 Atlantic Works vs. Brady, 107

U. S., 192.

19 Bedford vs. Hunt, 1 Mason (U. S.), 302.

20 Whitney vs. Emmett, Baldw. (U. S.), 303.

21 Henry vs. Providence Coal Co.,

3 B. & A. Pat. Cas., 501,11 Fed. Cas. No. 6, 384,

22 Egbert vs. Lippman, 104 U. S.,

333.

23 United States vs. Hall, 8 D. C, 19.

The term "patented," as used in this section, does not mean the preliminary proceedings, but the actual issuance of the patent under seal of the government speaking the exercise of sovereign will and investing the patentee with a grant of a monopoly.24

Requisites of Application, Description, Specification and Claim.

Before any inventor or discoverer shall receive a patent for his invention or discovery, he shall make application therefor, in writing, to the Commissioner of Patents, and shall file in the Patent-Office, a written description of the same, and of the manner and process of making, constructing, compounding, and using it in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particularly point out and distinctly claim the part, improvement, or combination which he claims as his invention or discovery. The specification and claim shall be signed by the inventor and attested by two witnesses.

A proper petition,25 conforming in all respects to the law, is necessary to the issuing of a patent.26

An exact description of an invention is required for the three following reasons: that the government may know what they have granted, and what will become public property when the patent expires; that the licensee may know how to use and practice the invention during the term of the patent; and that subsequent inventors may know what portion of the field of invention has been occupied.27

24 Smith vs. Goodyear Dental Vulcanite Co., 93 U. S., 486. 25 Hogg vs. Emerson, 6 How., 437

26 Eagleton Mfg. Co. vs. West Bradley, etc., Mfg. Co., 111 U. S., 490.

The object or purpose of a claim is to secure to the inventor all of that to which he is entitled and also to inform the public of what is still open to them.28

Drawings, when Requisite.

Section 4889. When the nature of the case admits of drawings, the applicant shall furnish one copy signed by the inventor or his attorney in fact, and attested by two witnesses, which shall be filed in the Patent-Office, and a copy of the drawing, to be furnished by the Patent-Office shall be attached to the patent as a part of the specification.

Specimens of Ingredients, Etc.

Section 4890. When the invention or discovery is of a composition of matter, the applicant, if required by the Commissioner, shall furnish specimens of ingredients and of the composition, sufficient in quantity for the purpose of the experiment.

Model, When Requisite

Section 4891. In all cases which admit of presentation by model, the applicant, if required by the Commissioner, shall furnish a model of convenient size to exhibit advantageously the several parts of his invention or discovery.