Difference between revisions of "EB: EGBERT v. LIPPMANN, 104 U.S. 333 (1881)"
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==The Situation== | ==The Situation== | ||
| − | Samuel Barnes invented an "improvement in corset-springs," and filed for a patent in March 1866 | + | *Samuel Barnes invented an "improvement in corset-springs," and filed for a patent in March 1866 |
| − | Egbert is the assignee of the patent | + | *Egbert is the assignee of the patent |
| − | Frances Barnes was granted a reissue of the patent in Samuels place (death?) | + | *Frances Barnes was granted a reissue of the patent in Samuels place (death?) |
==Accusation== | ==Accusation== | ||
| Line 11: | Line 11: | ||
==Reasoning== | ==Reasoning== | ||
| − | The Act of 1939 renders patents invalid if they were in public use, with the consent and allowance of the inventor for more than two years prior to the application. | + | *The Act of 1939 renders patents invalid if they were in public use, with the consent and allowance of the inventor for more than two years prior to the application. |
| − | Evidence: | + | *Evidence: |
| − | S. Barnes had given the corset to Frances sometime between January and May 1855, and she used it for a long time, and got another pair from him in 1858. | + | **S. Barnes had given the corset to Frances sometime between January and May 1855, and she used it for a long time, and got another pair from him in 1858. |
| − | Barnes also showed the invention to Joseph Sturgis in 1863, showing him how it was made and used. | + | **Barnes also showed the invention to Joseph Sturgis in 1863, showing him how it was made and used. |
| − | Ruling: | + | *Ruling: |
| − | Even though Barnes only gave the invention to one person, he allowed them to use it without limitation or restriction - this qualifies as public use (number of people doesn't matter). | + | **Even though Barnes only gave the invention to one person, he allowed them to use it without limitation or restriction - this qualifies as public use (number of people doesn't matter). |
| − | Barnes applied no restriction and implied no secrecy in giving his invention to Frances = public | + | **Barnes applied no restriction and implied no secrecy in giving his invention to Frances = public |
| − | The use of the invention was not for experimental purposes = public | + | **The use of the invention was not for experimental purposes = public |
==Dissenting Opinion== | ==Dissenting Opinion== | ||
| − | Barnes giving private use of his invention with consent which did not lead to copying or reproduction shows no intention of "abandonment to the public" | + | *Barnes giving private use of his invention with consent which did not lead to copying or reproduction shows no intention of "abandonment to the public" |
| − | Telling Frances to keep the corset a secret (as the above decision says should have been done) would have been ironic) | + | *Telling Frances to keep the corset a secret (as the above decision says should have been done) would have been ironic) |
| − | + | *Thus, the use of the invention should not be considered public. | |
Latest revision as of 23:35, 16 February 2011
The Situation
- Samuel Barnes invented an "improvement in corset-springs," and filed for a patent in March 1866
- Egbert is the assignee of the patent
- Frances Barnes was granted a reissue of the patent in Samuels place (death?)
Accusation
Frances brings a case of infringement against Lippmann
Decision
The patent is invalid because the invention was in public use more than two years prior to application for the patent.
Reasoning
- The Act of 1939 renders patents invalid if they were in public use, with the consent and allowance of the inventor for more than two years prior to the application.
- Evidence:
- S. Barnes had given the corset to Frances sometime between January and May 1855, and she used it for a long time, and got another pair from him in 1858.
- Barnes also showed the invention to Joseph Sturgis in 1863, showing him how it was made and used.
- Ruling:
- Even though Barnes only gave the invention to one person, he allowed them to use it without limitation or restriction - this qualifies as public use (number of people doesn't matter).
- Barnes applied no restriction and implied no secrecy in giving his invention to Frances = public
- The use of the invention was not for experimental purposes = public
Dissenting Opinion
- Barnes giving private use of his invention with consent which did not lead to copying or reproduction shows no intention of "abandonment to the public"
- Telling Frances to keep the corset a secret (as the above decision says should have been done) would have been ironic)
- Thus, the use of the invention should not be considered public.
