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Facts of the Case

Provided by Justia

This is a writ of error to the Circuit Court of Pennsylvania. The original action was brought by the plaintiffs in error for an asserted violation of a patent, granted to them on 6 July, 1818, for a new and useful improvement in the art of making leather tubes or hose for conveying air, water, and other fluids. The cause was tried upon the general issue, and a verdict was found for the defendant upon which judgment passed in his favor, and the correctness of that judgments is now in controversy before this Court.


Conclusions

  1. The true construction of the patent law is that the first inventor cannot acquire a good title to a patent if he suffers the thing invented to go into public use or to be publicly sold for use before he makes application for a patent. This voluntary act, or acquiescence in the public sale or use, is an abandonment of his right, or rather creates a disability to comply with the terms and conditions of the law on which alone the Secretary of State is authorized to grant him a patent.