Mellus v. Silsbee
U.S. Circuit Court for the District of Massachusetts
Case for infringement of a patent, dated the 3d of August, 1822, for an improvement “in the mode of securing from decay the plank, forming the deck, waist, or bottom of ships or vessels, at or near the head of the nails, spikes, or bolts, in correction of the mode heretofore adopted of boring and driving the nails, spikes, or bolts, by which the planks are secured to the timber, beams, or frames, and the mode of securing the head from the effect of the water.”
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Case for infringement of a patent, dated the 3d of August, 1822, for an improvement “in the mode of securing from decay the plank, forming the deck, waist, or bottom of ships or vessels, at or near the head of the nails, spikes, or bolts, in correction of the mode heretofore adopted of boring and driving the nails, spikes, or bolts, by which the planks are secured to the timber, beams, or frames, and the mode of securing the head from the effect of the water.” Plea, the general issue. Upon the trial it appeared, that the plaintiff first made the invention in 1804; and had suffered it to go…
1Opinion of the Court
STORY, Circuit Justice.
There is a difference between the language and effect of our statute respecting patents, and that of England. The statute of 21 Jac. 1, c. 3, commonly called the statute of monopolies, prohibits the grant of monopolies generally; but in the sixth section it excepts “letters patent and grants of privileges for 14 years or under, 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 patent and grants shall not use.” Upon this…
2Cited by3 opinions
- Shaw v. CooperSupreme Court of the United States · 1833
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Lyman v. MaypoleUnited States Circuit Court · 1884