Witnesses

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Introduction

This has come to us via American patents, and is a data element we have only sporadically tracked. The "witnesses", and there all almost always two on the final diagram page of each patent, and two, with sporadic overlapping, on the final text page of each patent, do not seem to have had the legal significance of patent agents.

In the case of Europeans filing in America, there may have been a tendency to have one of the witnesses be an American. The name Hanson C. Coxe comes up repeatedly. The other was often a European patent agent who'd worked with the inventor before. We have noted French agents in particular.

From time to time, a patent agent may also serve as a witness, on the same patent, giving us more complete name data on the agent.[1] We have only begun taking note of witnesses. When present, their names are signed on the diagram pages of the patent documents. They are neatly typed on the final document page. We have begun red-linking the names. We may drill down into this to any degree, and at any time, making whatever judgement calls are needed and highlighting whatever antique data glitches we may uncover. Some already have pages, in the nature of the complex existing between witnesses and patent agents.

Administrative culture

Phenomena of "registered patent agent", as opposed to lawyers acting in a related capacity, seems to vary in the administrative culture, from nation to nation. All manner of documentation, of patent agents, for one thing, not to mention witnesses, varies internationally along these lines.

Early aero-technical development analyzed as a social network

Instances of phenomena such as the British A.M.I.Mech.E.‎ are offering us formally traceable insights into the mechanically technical know-how of patent agents, beyond their litigative capacities. This would reflect an aspect of early aero-technical development analyzed as a social network. The largely American phenomenon of witnesses shows extreme overlap with patent agents in their legal capacities, with a few cases illustrating a full-on and international nexus between inventors and witnesses and patent agents and authors. See the array of cases below.

Prevalent names and pairings

Prominent patent attorneys factoring in among witnesses to patents on which others serve as the patent attorney on the patent

  • Patent agent or attorney C. C. Hines factors in significantly, among witnesses, to patents on which Victor J. Evans is the patent attorney.
  • Patent agent or attorney Victor J. Evans, early on, appears among witnesses to a patent on which John Wedderburn is the representing attorney serving the patent.[2]

Peculiar or patterned cases having to do with witnesses relative to patent agents and firms

Family members of chief patent attorneys along with said attorneys themselves acting as witnesses generally and in relation to other firms

Simple cases in which one known inventor acts among witnesses on a patent filed by another known inventor

Odd instances of the witness phenomena in cases of collaborative filing

  • Patent US-1910-1124584 has different pairs of witnesses displayed on the final text page, even though the two inventors appear to be relatives.
  • Patent US-1912-1127167 has witnesses on the final text page being split between those serving on behalf of two inventors engaged in a collaboration with another pair of witnesses serving on behalf of a third inventor.

Sometime collaborative filers acting among witnesses to patents on which they are not otherwise involved

This apparent lack of involvement, when applicable, is a matter of form, in terms of the documentation as presented to us on the patent originals, the implication being that contact between inventors is ongoing, with semi-vague factors of influence being shall we say triangulated across the overall spread of data.

Cases of witnesses also as individuals to whom patent rights are assigned

Cases of witnesses also serving as or among patent attorneys on the same patent

A case of a full-blown inventor-patent-agent-witness-and-possibly-author inter-connection

German interest

  • Frank v. Briesen,the lowercase "v" likely being a typo, on the original document, also appears among witnesses on Patent US-1909-971535, for which we have Frank Briesen as the patent agent. In this case, there is overlap between witnesses on the diagram pages and those on the final text pages, with German surnames showing prevalence.
  • Woldemar Haupt and Henry Hasper is a witness pairing we often see to American patents filed by Germans

Belgian interest

French interest

Mexican interest

British interface regarding British Patent Agents and American phenomena of witnesses to patents

  • Patent US-1904-907120 and Patent US-1906-907310, of inventor Henry Shepley Booth, both have J. Owden O'Brien factoring among witnesses, with some O'Brien serving as the patent attorney. The likelihood of professional and familial connection is high. The chance of it being the same individual, a patent agent-attorney working both in the United States and in Great Britain, is fair. We do have British Chartered Patent Agents, firms, that is, with offices in both nations. We are dealing with legibility issues in terms of the patent attorney signature, though not in terms of witnesses as entered at the bottom of the last text page of each patent. J. Owden O'Brien serves as the Patent Agent on patents filed by Henry Shepley Booth when the latter files in Great Britain.

Pertinence or connection to Canada

References