Egbert v. Lippmann SKH

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  • Where an inventor sells a machine of which his invention forms a part and allows it to be used without restriction of any kind, the use is a public one.
  • To constitute “public use” of an invention, it is unnecessary that more than one of the patented articles should be publicly used.
  • Whether the use of an invention is public or private does not necessarily depend on the number of persons to whom its use is known.
  • A use necessarily open to public view, if made in good faith solely to test the qualities of an invention, and for the purpose of experiment, is not a public use within Act July 4, 1836, c. 357, 5 Stat. 117, rendering letters-patent invalid if invention was in public use with consent and allowance of inventor for more than two years prior to his application.
  • If an inventor, having made his device, gives or sells it to another to be used by the donee or vendee, without limitation or restriction, or injunction of secrecy, and it is so used, such use is “public” notwithstanding the use and knowledge of the use may be confined to one person.
  • An abandonment of an invention to public does not necessarily follow from invention being in public use or on sale, with inventor's consent and allowance, at any time within two years before application, but if invention is in public use or on sale prior to that time it will be conclusive evidence of abandonment, and patent will be void.
  • An abandonment of an invention to the public may be evinced by the conduct of the inventor at any time, even within the two years prior to application.
  • Re-issue patent No. 5216 for improvement in corset-springs held invalid on ground of public use of invention for two years by consent and allowance of inventor before application for patent.