(Download) "Joseph Shaw, Plaintiff in Error v. Joseph Cooper" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Joseph Shaw, Plaintiff in Error v. Joseph Cooper
- Author : United States Supreme Court
- Release Date : January 01, 1833
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Emmet, for the defendant in error.–The bill of exceptions in this cause, discloses in substance the following case: In 1813 or 1814, the plaintiff, residing in England, invented what he claims to be secured to him by his patent. Between that time and his coming to the United States, he made his invention known to his brother, also to Mr. Manton, a gun-maker in London, and others–as is shown by his letter to defendant. In 1817, the plaintiff came to the United States, and shortly afterwards disclosed his secret to a gun-maker in Philadelphia. In 1817 or 1818, plaintiff's brother sold the secret to a gun-maker in London. In 1819, the invention was sold and used in England. In 1820 or 1821, it was in general use by the public there. In 1821, it was in general use in France. In 1822 (19th June), plaintiff took out his first patent as an alien, under the act of 1800. In 1829 (7th May), he surrendered that patent as defective, and took out a new one, with an amended specification, as a citizen, under the act of 1793, upon which patent his suit is brought. The case also sets forth, that in April 1807, a patent had been granted in England, to one Forsyth, for an invention on the same subject, and that such patent continued in force for fourteen years, or until April 1821. This was offered by the plaintiff, and made a part of the case, for the purpose, doubtless, of accounting for his not having taken out a patent for his invention in England, previous to 1817; the terms of Forsyth's patent being, as he supposed, sufficiently comprehensive to embrace his discovery, and to tie up his hands, during its continuance. From these facts, it would, at least, appear, that the public had somewhere become fully possessed of the use of the invention, and that they had enjoyed such use for not less than about two years, before the plaintiff took any steps to obtain his first patent.