Section 4885. Every patent shall bear date as of a day not later than six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent; and if the final fee is not paid within that period the patent shall be withheld.

A patent takes effect from the time when it is granted and cannot be antedated.10

7 United States vs. American Bell

Telephone Co., 128 S., 315.

8 Sessions vs. Romadka, 21 Fed.

Rep., 124.

9 Winans vs. Denmead, 15 How.,

341.

10 Gramms Electrical Co. vs. Arnoux Elec. Co., 17 Fed. Rep., 838.