Page:United States Statutes at Large Volume 45 Part 1.djvu/1064

 SEVENTIETH CONGRESS. SEss. I. Cia. 992. 1928. 1013 prising a verified statement, accompanied by supporting evidence of statement of facts the following facts : required. (A) That he is the inventor or discoverer of an invention or Patentee of invention discovery for which a specified patent was granted prior to the 11th v ember 11,• 19 18, No dd day of Novemb er, 19 18, th e orig inal t erm of which remain s unex pired unexpired. at the time of the f iling of the appli cation. ow nership bet ween (B) That between April 6, 1917, and November 11, 1918, and April 6, 1917, and No- also at the time of the passage of this Act, he held, by ownership or vember 11, 1918. contract, a right in said invention or under said patent or to income by way of royalty or otherwise therefrom, whereby an extension of the term of said patent would benefit him. Income reduced, etc., (C) That between April 6, 1917, and July 2, 1921, he was not by war service. receiving from said patent an income, or that his income therefrom was reduced by his said service. (D) That at the time of his induction into the service he was mak- Exploiting invention when inducted int o ing diligent effort to exploit the invention covered by his patent. service. (E) The names of all persons, firms, or corporations, if an ha of all per- any, sons ha rights, holding at the time of the passage of this Act, by grant, transfer, "to-, under the patent. license, or contract from him, any right or interest in the invention or disc overy or und er the paten t, and their consen t to t he ext ension for which application is made, which shall be supported by an instru- ment, o r inst rument s, exe cuted by all such p ersons, firm s, and cor- porations, evidencing their consent to such extension . Period of extension (F) The period of extension of the patent from the expiration of applied for limited to the original term thereof, for which he applies, which shall in no war services length of case exceed a further term of three times the length of his said service in the military or naval forces of the United States between the dates of April 6, 1917, and July 2, 1921, but exclusive of any reenlistment subsequent to November 11, 1918 . Ex tension gra nted (G) That the licensee of a patent affected by this Act shall auto- licensee, matically be granted an extension of said license for the period of the extension on the same terms and conditions as contained in said existing license, thereby creating an equitable adjustment of the benefits of this A ct. Conflicting rights of (H) That such extension shall in no way impair the right of any- other patents, etc ., not one who before the passage of this Act was bona fide in possession of any rights in patents or applications for patents conflicting with L awful man ufac tur- the rights in any patents extended under this Act, nor shall any ing of invention before extension granted under this Act impair the right of anyone who was pas sage of Act. lawfull y manu factur ing be fore t he pas sage of this Act th e inve ntion covered by the extended patent. Application of legal SEC. 2. In the case of a veteran, as described in paragraph 1 of representative of vet- this Act, who dies, or has died, or who becomes insane or unable to etcn in case of death, act, which veteran owned an interest as described in this Act in said patent at the time of his death or at the time he was declared mentally incompetent or became unable to act before said extension is granted, such application may be filed or proceeded with by his legal repre- R s ., see. 4896, p. sentati ves su bstant ially as pro vided in sect ion 48 96 of the Re vised 947 .' Statutes of the United States (United States Code, title 35, section U. S. 35, p. Code, p . 1168. 46), as amended, with respect to proceedings in such cases for obtaining a patent. P rocee ding s before SEC. 3 . On the filing of such application the Commissioner of Commissioner o f Patents shall cause an examination thereof to be made, and if, on Pat ents. such examination, it shall appear that such application conforms, or by amendment or supplement is made to conform, to the requirements of section 1 of this Act, the commissioner shall cause notice of such Notice of opposition. application to be published at least once in the Official Gazette. Any person who believes that he would be injured by such extension may within forty- five d ays fr om suc h publ ication oppos e the same o n the ground that any of the statements of the application for extension

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