9.10 Express charges, etc., to be prepaid. Express, freight, postage, and all other charges on matter sent to the Patent Office must be prepaid in full; otherwise it will not be received.*† ATTORNEYS 9.11 Employment of attorney. An applicant may prosecute his own case, but he is advised, unless familiar with such matters, to employ a competent attorney. The office cannot aid in the selection of any attorney.** 9.12 Power of attorney. Before any attorney, original or associate, will be allowed to inspect papers or take action of any kind, his power of attorney must be filed. But general powers given by a principal to an associate can not be considered. In each application the written authorization must be filed. A power of attorney purporting to have been given to a firm or copartnership will not be recognized, either in favor of the firm or any of its members, unless all its members shall be named in such power of attorney.*f 9.13 Substitution. Substitution or association can be made by an attorney upon the written authorization of his principal; but such authorization will not empower the second attorney to appoint a third.*t 9.14 Revocation. Powers of attorney may be revoked at any stage in the proceedings of a case upon application to and approval by the Commissioner; and when so revoked the office will communicate directly with the applicant, or such other attorney as he may appoint. An attorney will be promptly notified by the docket clerk of the revocation of his power of attorney.*t 9.15 Gross misconduct. For gross misconduct the Commissioner may refuse to recognize any person as an attorney, either general or in any particular case; but the reasons for such refusal will be duly recorded and be subject to the approval of the Secretary of Commerce.*t REGISTRATION OF PRINTS AND LABELS 9.16 Who may register. (a) The author or proprietor of any print or label, or his executors, administrators, or assigns, who is a citizen of the United States. (b) An alien author or proprietor of any print or label, or his executors, administrators, or assigns, only as provided by section 8 of the Copyright Act approved March 4, 1909 (35 Stat. 1077; 17 U.S.C. 8). Any person to whom an author, who has the privilege of copyright in the United States, has transferred his copyright can apply for and obtain a copyright entry as a proprietor.*† Page 76 THE APPLICATION 9.17 Addressee and signer. To entitle the author or proprietor of any such print or label or his executors, administrators, or assigns *For statutory and source citations, see note to § 9.1. to register the same in the Patent Office, the application for registration thereof must be made to the Commissioner of Patents, and the said application should be signed by the author or proprietor, or by his executors, administrators, or assigns, or for the author or proprietor by duly authorized agent.*+ 9.18 Requisites and form. A complete application_comprises(a) A statement addressed to the Commissioner of Patents, disclosing applicant's name, citizenship, residence, and place of doing business; whether author, proprietor, or executors, administrators, or assigns of the author or proprietor; and, if proprietor, a disclosure of the citizenship of the author, the title or the print or label, and the name of the article of manufacture for which the print or label is to be used. (b) Five copies of the print or label; if the print or label is unwieldy at least two originals and five photographic copies. (c) A fee of $6. (d) A statement of the date when the print or label was first published with notice of copyright.*t 9.19 Title. The title of the print or label must appear on the copies filed.*+ 9.20 Pending applications preserved in secrecy. Pending applications are preserved in secrecy, and no information will be given without authority of the applicant respecting the filing of an application for the registration of a print or label by any person, or the subject matter thereof, unless it shall, in the opinion of the Commissioner, be necessary to the proper conduct of business before the office.** EXAMINATION OF APPLICATIONS 9.21 Novelty not questioned. The so-called print and label section of the copyright statute, approved June 18, 1874 (18 Stat. 79; 17 U.S.C. 63), is construed to provide for the registration of any print or label without examination as to its novelty."+ 9.22 Refusal of registration. All applications for registration are considered in the first instance by the examiner. Whenever, on examination of an application, registration is refused for any reason ⚫ whatever, the applicant will be notified thereof. The reasons for such rejection will be stated, and such information will be given as may be useful in aiding the applicant to judge of the propriety of further prosecuting his application.** 9.23 Merits and objections. The examination of an application and the action thereon will be directed throughout to the merits, but in each letter the examiner shall state or refer to all his objections.*t AMENDMENTS 9.24 Correction of informalities. The application may be amended to correct informalities or to avoid objections made by the office, or for other reasons arising in the course of examination; and if the copies of the prints or labels furnished are for any reason not **For statutory and source citations, see note to § 9.1. Page 77 registrable under copyright law, the applicant may substitute copies when legally permissible and which conform to the requirements of said law.** 9.25 Definite instructions. In every amendment the exact word or words to be stricken out or inserted must be specified, and the precise point indicated where the erasure or insertion is to be made. All such amendments must be on sheets of paper separate from the papers previously filed and written on but one side of the paper.*† 9.26 Jurisdiction after allowance. After allowance, the examiner will exercise jurisdiction over an application only by special authority from the Commissioner. Amendments may be made after the allowance of an application on the recommendation of the examiner, approved by the Commissioner, without withdrawing the case from issue.** 9.27 Copies furnished on usual terms. After the completion of the application the office will not return the papers for any purpose whatever. If the applicant has not preserved copies of the papers which he wishes to amend, the office will furnish them on the usual terms.** SUBJECT MATTER OF APPLICATION 9.28 Definition of "print." The word "print," as used in section 3 of the Copyright Act (18 Stat. 79; 17 U.S.C. 63), so far as it relates to registration in the Patent Office, is defined as an artistic and intellectual production designed to be used for an article of manufacture and in some fashion pertaining thereto, but not borne by it; such, for instance, as an advertisement thereof.*t 9.29 Definition of "label." The word "label," as used in this Act, so far as it relates to registration in the Patent Office, is defined as an artistic and intellectual production impressed or stamped directly upon the article of manufacture or upon a slip or piece of paper or other material to be attached in any manner to manufactured articles or to bottles, boxes, and packages containing them, to indicate the article of manufacture.*† 9.30 Registration of prints and labels. No print or label can be registered unless it properly belongs to an article of manufacture and is descriptive thereof and is as above defined.** Page 78 APPEALS 9.31 Adverse decisions reviewed by Commissioner. An adverse decision by the examiner who has charge of the registration of prints and labels, upon an applicant's right to have a print or label registered, will be reviewed by the Commissioner in person, on appeal, without fee.** ISSUE, DATE, AND DURATION OF CERTIFICATE 9.32 Issuance. When the requirements of the law and of the rules in this part have been complied with and the office has ad *For statutory and source citations, see note to § 9.1. judged a print or label registrable, a certificate will be issued, signed by the Commissioner of Patents under the seal of the Patent Office.*† 9.33 Duration. A certificate of registration shall remain in force for 28 years from the date of first publication.*† 9.34 Renewal. The certificate may be continued for a further term of 28 years upon filing and registering a second application within 1 year prior to the expiration of the term of the original certificate, on payment of the renewal fee of $6, and complying with all other regulations of the statute (35 Stat. 1075; 17 U.S.C. 1–62).*† ASSIGNMENTS 9.35 Requisites and form. Prints and labels are assignable in law by an instrument in writing signed by the proprietor. This should state the names of the assignee and assignor, the title of the print or label assigned, the date of filing the application, or, if registered, the date and number of the certificate, and should be dated.** COPIES AND PUBLICATIONS 9.36 Payment of fee. After a print or label has been registered, copies thereof may be furnished, when authorized by the Commissioner, upon the payment of the fee.*† 9.37 Official Gazette. The Official Gazette of the Patent Office will contain a list of all the prints and labels registered, with the name and address of the registrant in each case, the title of the print or label, and a statement of the particular goods to which it is to be applied, together with the date of filing the application.** FEES 9.38 Schedule. On filing an application for registration of a print or label.. For manuscript copies of records, for every 100 words or fraction thereof.. For recording every assignment, power of attorney, or other paper not ex- For each additional 2 pages or less. For each additional trade-mark or application involved in one writing where more than one is so included or involved, additional... For abstracts of title: For the search, 1 hour or less, and certificate_ Each additional hour or fraction thereof _____. For each brief from the digest of assignments of 200 words or less- For searching titles or records, 1 hour or less.. For title reports required for office use. If certified, for the grant, additional. **For statutory and source citations, see note to § 9.1. $6.00 .10 .50 3.00 1. 00 .50 3.00 1. 50 .50 . 10 1.50 1.50 1.00 .20 .50 .50 *+ 9.39 Payable to Commissioner. The fee for registration of a print or label is to be paid to the Commissioner of Patents. All Page 79 money orders and checks should be made payable to the "Commissioner of Patents."*t 9.40 Payments in specie, money orders, etc. All money sent by mail, either to or from the Patent Office, will be at the risk of the sender. All payments to the office must be made in specie, Treasury notes, national-bank notes, certified checks, or money orders.*t 9.41 Return of fee. Upon refusal of the Commissioner to register the print or label, and on application by the applicant, or his duly authorized agent, the fee may be returned.*t NOTICE OF COPYRIGHT 9.42 Infringement. It is necessary, in order to maintain an action for infringement of a copyright, that the claim of copyright be printed on each copy of the article protected. The wording of the notice is determined by the copyright statute, section 18 (35 Stat. 1079; 17 U.S.C. 18). Prior to filing the application for copyright the article must be originally published with the statutory notice of copyright.*t NOTE: For forms to be used in preparing applications, see pages 9 to 11, Registration of Prints and Labels, Commissioner of Patents, September 1, 1936. Page 80 *For statutory and source citations, see note to § 9.1. |
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