Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co. SKH

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  • Reissue Patent No. 22,397, on process of conditioning a metal surface for bonding thereto applied spray metal, is invalid for too long competitive exploitation before application for patent.
  • Inventor's competitive exploitation of his machine or process for more than one year prior to application for patent operates as a forfeiture of right to patent regardless of how little public may have learned about the invention.
  • Forfeiture of inventor's right to patent invention because of competitive exploitation prior to application is not the equivalent of an “abandonment” which presupposes a deliberate, though not necessarily an express, surrender of any right to a patent.
  • Under the patent law, it is a part of the consideration for a patent that the public shall, as soon as possible, begin to enjoy the disclosure.
  • The rule that an inventor may not competitively exploit his machine or process for more than a year before applying for a patent thereon does not apply to an inventor who continues for more than a year to practice his invention for his private purposes or his own enjoyment and who does not thereby extend the period of his commercial monopoly, although such an inventor, by too long a concealment, will also lose right to a patent.