CHAPTER I

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[Illustration: A GOOD PATENT, PROPERLY HANDLED, IS A STEPPING STONE TO

SUCCESS AND FORTUNE.]

PRACTICAL

POINTERS _for_ PATENTEES

CONTAINING VALUABLE INFORMATION

AND ADVICE ON THE SALE

OF PATENTS

AN ELUCIDATION OF THE BEST METHODS

EMPLOYED BY THE MOST SUCCESSFUL INVENTORS

IN HANDLING THEIR INVENTIONS

_By_

F. A. CRESEE, M.E.

Revised and Corrected, with New Forms and Tables of Population

of the United States in Accordance with the 1910 Census

[Illustration]

MUNN & CO., INC.

SCIENTIFIC AMERICAN OFFICE

361 Broadway

NEW YORK

1912

_Copyright, 1901, by the_

POTOMAC PUBLISHING COMPANY

_Copyright, 1902, by_

MUNN & COMPANY

_Copyright, 1906, by_

MUNN & COMPANY

_Copyright, 1912, by_

MUNN & CO., Inc.

New York

MACGOWAN & SLIPPER

30 Beekman Street

PREFACE

The original conception and working out of an invention is usually a

labor of love on the part of the inventor: having perfected his

invention in every detail, he finds able and skilled counsel waiting to

prepare and prosecute his application for patent before the Patent

Office Examiner. When the patent is allowed or issued, the patentee's

real work begins--that of turning the patent into money. This is the

business end of the inventor's work, which is generally to his interest

financially to undertake himself, or to have under his immediate

supervision.

The object of this little work, based upon the experience and

observation of the author and other successful inventors, is to give the

patentee such information and advice as will enable him to proceed more

intelligently, on the most successful and economical basis, to realize

from his invention.

The American Government issues annually over thirty-five thousand

patents, a large number of which are offered for sale by their

respective patentees, who in many cases have no definite lines to pursue

in negotiating their patents; many realizing little or nothing from

their inventions through careless or bad management, while others,

through incompetency, drift into the hands of unscrupulous

patent-selling agents only to be swindled.

The numerous inquiries from patentees seeking practical, reliable, and

up-to-date information as to the best and most successful methods of

realizing from the product of their ingenuity, has led the author, after

due deliberation, to prepare and present this work to the American

inventor, with a view of supplying a long-felt want, with the hope that

it will save them many expensive experiments in handling their patents,

and advance them on the road to success.

It has been the endeavor of the writer to cover briefly every subject

that is usually encountered by patentees in disposing of their patents,

not only in the matter of selling, but also in the equally important and

perplexing questions of arriving at the value of patents, legal forms,

statistics, etc., etc.

Realizing that the work may be deficient in many respects, the hope that

it will prove instructive, and the belief that it contains many

practical pointers for patentees is still entertained by

THE AUTHOR.

CONTENTS

CHAPTER I.

DEMAND FOR INVENTIONS OF MERIT.

PAGE

Monopoly in Patents--Industrial Progress Based upon

the Patent System 9-12

CHAPTER II.

INCOME FROM INVENTIONS.

Independence through Successful Invention--Unprofitable

Patents--Money in Patents--Business Capacity

of the Inventor--Inventions as a Poor Man's Opportunity

to Advance 13-19

CHAPTER III.

SECURING CAPITAL.

Danger in an Undivided Interest--A Better Plan--Form

of Agreement--Perfecting Inventions--Exhibit

of Inventions--To Avoid Being "Squeezed"--Value

of Record of Invention--Newspaper Notoriety 20-29

CHAPTER IV.

HOW TO ARRIVE AT THE VALUE OF A PATENT.

Pecuniary Value--Commercial Value--Basis for

Estimation--General Rules for Valuation--How Rating for

Royalty Is Figured--Stock in Stock Companies--Prices

for Territorial Rights--Valuation Tables 30-40

CHAPTER V.

HOW TO CONDUCT THE SALE OF PATENTS.

Patent-selling Agencies--The Best Selling Agent--In

Case the Patentee Cannot Undertake the Selling--Methods

of Selling Patents--About Advertising--How

to Write an Advertisement--Correspondence as

a Means of Bringing Patents before Interested

Parties--How to Correspond with

Manufacturers--Circulars--Illustrations--About

Getting up Circulars--Copies of Patents, How to

Secure--Uses of Printed Copies--First

Impressions All--important--Value of Models--Working

Drawings 41-54

CHAPTER VI.

HOW TO CONDUCT THE SALE OF PATENTS.--_Continued_.

Value of Personal Influence--Personal Solicitation

Advisable--Selling Outright--Assigning an Undivided

Interest--Dividing a Patent into Different Classes of

Rights--Granting Licenses--Placing upon

Royalty--Manufacturing and Forming Companies--To

Organize Stock Companies--Trading as a Last Resort 55-72

CHAPTER VII.

CANADIAN PATENTS.

About Canadian Patents--Selling Canadian Patents--

Population of Canadian Cities 73-78

CHAPTER VIII.

DECISIONS AND NOTES.

Assignments--Territorial Grants--Licenses--Patent

Title--Rules of Practice--Assignments--Assignees--

Grantees--Mortgages--Licensees--Must be Recorded--

Conditional Assignments--State Laws on

Selling Patents 79-91

CHAPTER IX.

THE TRANSFER OF PATENT RIGHTS.

Assignee, Grantee, and Licensee Defined--The Language

of Law--Assignment of Entire Interest in

Letters Patent--Assignment of an Undivided Interest--Grant

of a Territorial Interest--License; Shop

Right--License; Non-exclusive, with Royalty--License;

Exclusive, with Royalty 92-105

CHAPTER X.

TABLES AND STATISTICS.

Map of the United States--Official Census of the United

States by Counties for 1910--Population of

Cities of the United States--Number, Acreage

and Value of Farms, by States--Table of

Occupations 106-141

INDEX 142-146

PRACTICAL POINTERS _for_ PATENTEES

CHAPTER I

DEMAND FOR INVENTIONS OF MERIT

That there is a demand for inventions of merit which can be readily

disposed of at a reasonable profit to the inventor, there can be no

doubt. There perhaps never was a time in the history of our country when

the demand for meritorious inventions was so great as the present. The

conveniences of mankind, in all his varied vocations and callings,

require continual changes and improvements in the apparatuses and

implements used in order to save time, labor, and expense, and to keep

pace with the never-ceasing progress of civilization.

At no time in the past has there been so deep an interest manifested by

the public generally in the inventions of our bright-minded men and

women, and at no time has capital been more readily interested and ready

to invest in any practical improvement which can offer a fair chance of

monopoly under the patent laws.

Business men, capitalists, and manufacturers are ever on the alert for

new and desirable inventions, which will supersede in utility those

which are already on the market. By purchasing such inventions, they

secure novelties which will not only enable them to avoid the keen

competition and to a great extent monopolize the trade in their own

respective lines of business, but also to make sales more easily, and

thus make their business more profitable.

[Sidenote: Monopoly in Patents.]

Every well-informed person knows that a monopoly is the desideratum of

business men. The monopoly or protection of an industry afforded by the

patent laws is, perhaps, the one monopoly that directly benefits the

world. Were it not for the protection and monopoly offered inventors by

governments, for a certain number of years, to disclose their

inventions, inventors would simply keep them secret, or if used at all,

would do so only in such a manner as would prevent the world at large

from learning of or utilizing them, thus debarring the public as a whole

from their benefits. This monopoly in patents has had much to do with

the material progress of the world during the century just ended.

Anyone having a monopoly of a good trade article is assured of a

fortune. If capitalists and manufacturers can secure the control of any

new invention of merit for their sole use and purposes, which can be

manufactured and sold more cheaply than those now on the market, and

which will perform its work in a quicker and better manner than the

devices now in use, they will be only too willing to pay patentees

handsomely for patents covering such inventions.

There are numerous staple articles of commerce whose manufacture is open

to all, and which every mercantile house in the country is handling at a

profit, notwithstanding the great number engaged in their manufacture

and sale in every section of the country. Now, if there can be supplied

some better or cheaper article in any line of industry, the firm or

person who secures the monopoly of its manufacture and sale, simply

controls the market, and human endurance and energy are the only limits

to the degree of profits such a firm or person can secure from the

manufacture and sale of such an article, if adequately protected by a

valid patent.

[Sidenote: Industrial Progress Based on the Patent System.]

In an official report the Commissioner of Patents clearly sets forth

that from six to seven eighths of the entire manufacturing capital of

the United States is either directly or indirectly based upon patents.

This vast amount of money, upward of six thousand millions of dollars,

continually employing great armies of people, in industries based upon

patents of every class, supplies the country with improved articles of

every description. It has been well said that, "Patents and trade go

hand in hand."

The largest and most opulent manufacturers in the country will be found

to be the heaviest owners of patents, developers of inventions, and

patrons of the Patent Office. While all inventions are not telegraphs,

telephones, sewing-machines, or electric lights; nor can all business

houses be Westinghouses, Hoes, McCormicks, Bells, or Edisons, yet all

over this country, and others as well, there are springing up a great

number of moderately large growing firms who, ever on the alert for

success, devise or secure control of some valuable patent, by which they

can successfully invade and control to a certain extent particular lines

of industry.

Nearly every leading factory in the world owes its commencement and

success to the prestige and protection afforded by the possession of a

good and valid patent.

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