Egbert v. Lippmann (JWB Class)

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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.)