Lanterna Rally

Author: Willis B. Magruder

Publisher: Forgotten Books

Published: 2016-11-23

Total Pages: 754

ISBN-13: 9781334389559

Excerpt from The Records of Assignments of Patent Property: And Their Relation to the Prosecution and Examination of Applications for Patent; A Paper Read May 28, 1914, Before the Examining Corps of the United States Patent Office No definite rule exists defining what is public use or sale under the Statute. Only by previous decisions and the circumstances in each individual case, can the ques tion what or what is not public use or sale be determined. For instance, a single instance of sale or use proved, may be fatal. It is not necessary that a number of persons use it, but one well-defined case of public use is just as effectual as many. A single unrestricted sale, proved, is sufficient to establish the defense of prior public use and sale. The sale of a machine, absolute, unconditional, and for a valuable consideration, is public use or sale within Section 4886 of the Revised Statutes. An inven tion which has been in public use more than two years, whether with or without the inventor's consent, is abandoned. Where an employee invents under hire, and employer uses, such use, if for more than two years is public use. If an inventor, having made his device, gives or sells it to another, to be used without limitation or restriction, or injunction of secrecy, and it is so used, such use is public use. It is not public knowledge of an invention, but public use or sale which precludes an inventor from obtaining a valid patent. In fact, the following extract from the decision in thomson-houston rs. Lorain, 117 F ed., 249, 54 C. C. A., 281, indicates clearly some of the points to be considered in determin ing the question of public use or sale. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.