respective parties to take
testimony.

If one of the parties was the first to conceive and reduce to practice,
as well as the first to file his application, he will be adjudged to be
the first inventor, without necessitating the taking of testimony.

If, on the other hand, one was the first to conceive, and the other the
first to file, then testimony will be required to determine the question
of invention.

The granting of a patent is not conclusive that the patentee was, in
reality, the first inventor. The law is that the patent must issue to
the _first_ inventor, and if it can be proven that another party was the
first, a new patent will issue to the one who thus establishes his
right. The Commissioner of Patents has no right to take away the patent
first issued. Only the Courts are competent to do this.

A patent is granted for the right to _make_, to _use_ and to _vend_.

An owner of a patent cannot sell the right only to make, or to sell, or
to use. Such a document would be a simple license, only, for that
particular purpose.

A patent may be sold giving a divided, or an undivided right.

A divided right is where a State, or any other particular territorial
right is granted. An undivided right is a quarter, or a half, or some
other portion in the patent itself.

If an inventor assigns his invention, and states in the granting clause
that he conveys "all his right and title in and to the invention," or
words to that effect, he conveys all his rights throughout the world.

If the conveyance says, "all rights and title in and throughout the
United States," he thereby reserves all other countries.

If a patent is issued, and the number and date of the patent are given,
the assignment conveys the patent for the United States only, unless
foreign countries are specifically mentioned.

To convey an invention or patent, some definite number or filing date
must be given in the document, with sufficient clearness and certainty
to show the intent of the assignor.

An invention does not depend on quantity, but on quality. It is that
which produces a new and a useful _result_.

In the United States patents are granted for the purpose of promoting
the useful arts and sciences.

In England, and in many other foreign countries, patents are granted,
not on account of any merit on the part of the inventor, but as a favor
of the crown, or sovereign.

Originally patents were granted by the crown for the exclusive pri