Egbert v. Lippmann (JWB Class)

Section 102

• Prior to date of invention (102 (a))
  • Others (in U.S.): known or used by others
  • Others (foreign): printed or patented in a foreign country
  • Applicant: print or patent (?)
• One year prior to the date of the application (102 (b))
  • US (others or applicant): patented or printed
  • US (others or applicant): public use or sale
  • Foreign (others or applicant): patent or printed

Egbert v. Lipmann

The Case

• Inventor alleged infringement, defendant alleged that the invention was under public use prior to patent
• Patent: spring mechanism for a corset
• Gave an invention to his significant other ten years before patent

Public

• No restrictions
• Number of inventions does not matter
• Number of people who used it does not matter
• Whether a small part is hidden away from the public does not matter
  • Dissenter disagreed with this part
  • Public was left in ignorance, only inventor and the person he disclosed it to (his wife) knew of it
• Maybe all these differences DO matter, but they are clear rules

Not Public

• Restrictions on use (secrecy, experimentation, etc.)