A Treatise on the Law of Patents for Useful Inventions: As Enacted and Administered in the United States of America |
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Page 10
... validity of the patent necessarily turned upon the inquiry whether the plaintiff had made a new invention of a machine , or had made a patentable invention by changing the " reach " in the old spinning - machine . It was held , upon the ...
... validity of the patent necessarily turned upon the inquiry whether the plaintiff had made a new invention of a machine , or had made a patentable invention by changing the " reach " in the old spinning - machine . It was held , upon the ...
Page 53
... validity of the patent , —then indeed it would be a very material point for you to consider whether the testimony was such as you who have heard it - the cross - examination of some of the witnesses- would entirely rely upon . " That ...
... validity of the patent , —then indeed it would be a very material point for you to consider whether the testimony was such as you who have heard it - the cross - examination of some of the witnesses- would entirely rely upon . " That ...
Page 61
... validity or in- validity of the patent , " & c . 1 § 80. From this ruling it is apparent that there might be one state of circumstances which would support this patent , and an- other state of circumstances which would show the supposed ...
... validity or in- validity of the patent , " & c . 1 § 80. From this ruling it is apparent that there might be one state of circumstances which would support this patent , and an- other state of circumstances which would show the supposed ...
Page 71
... validity of the grant depends upon the same prin- ciples , as to the novelty of the invention , which have been applied to that question under the English statute , where the question has arisen directly upon the stat- ute respecting ...
... validity of the grant depends upon the same prin- ciples , as to the novelty of the invention , which have been applied to that question under the English statute , where the question has arisen directly upon the stat- ute respecting ...
Page 75
... validity of the patent . On the other hand , the use of an article may be so gen- eral as to be almost universal . In a case like that , you can hardly suppose that any one would incur the expense and trouble of taking out a patent ...
... validity of the patent . On the other hand , the use of an article may be so gen- eral as to be almost universal . In a case like that , you can hardly suppose that any one would incur the expense and trouble of taking out a patent ...
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A Treatise on the Law of Patents for Useful Inventions: As Enacted and ... George Ticknor Curtis No preview available - 2012 |
Common terms and phrases
action apparatus appears application ascertain assignment blast Blatch cation centrifugal force claim clause combination composition of matter construction construed court of equity defendant described disclaimer discovered distinct doctrine drawing rollers effect embraced entitled evidence exclusive right extent fact flax furnace grant heat held House of Lords improvement India-rubber infringement injunction invention or discovery inventor iron issue jury Justice Story knowledge known learned judge letters-patent license Lord Lord Lyndhurst machinery manner manufacture material means mechanical ment metal method necessary novelty object obtained opinion particular party patent law Patent Office patent right patented machine person plaintiff practical principle prior produced puddling furnace purpose question respect result rule specification standing law statute Story's subject-matter subsequent substance substantially sufficient surrender term thing patented tion trial valid vend vention ventor void Webs wheel whole words Wyeth
Popular passages
Page 527 - Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 541 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 83 - Commissioner that the same had been invented or discovered by any other person in this country prior to the alleged invention or discovery thereof by the applicant, or that it had been patented or described in any printed publication in this or any foreign country, or had been in public use or on sale with the applicant's consent or allowance prior to the application...
Page 226 - ... shall fully explain the principle, and the several modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions; and shall particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery.
Page 19 - ... of the sole working or making of any manner of new manufactures within this Realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use, so as also they be not contrary to the law nor mischievous to the State, by raising prices of commodities at home, or hurt of trade, or generally inconvenient...
Page 542 - States, is otherwise provided, the forms of writs and executions, except their style, and modes of process and rates of fees, except fees to judges, in the circuit and district courts, in suits at common law, shall be the same in each state respectively, as are now used, or allowed in the supreme courts of the same.
Page 565 - That whenever any patent, which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification, as his own invention, more than he had or shall have a right to claim as new...
Page 576 - ... thereof, as the facts in the case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the commissioner to issue such patent on the applicant filing in the Patent Office a copy of the adjudication and otherwise complying with the requirements of law. In all cases where there is no opposing party a copy of the bill shall be served on the commissioner; and all the expenses of the proceeding shall be paid by the applicant, whether the final decision...
Page 566 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same ; or, Third.
Page 426 - Territory ; and the court shall have power, upon bill in equity, filed by any party aggrieved, to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...