Legal Opinion
Robert C. Watson, Commissioner of Patents v. Thomas J. Allen
Court of Appeals for the D.C. Circuit
Decided April 3, 1958No. 19-1165PublishedCited by 47 opinions
1Opinion of the Court
BURGER, Circuit Judge.
From an adverse decision in the Patent Office, appellee invoked the jurisdiction of the District Court under 35 U.S.C. § 145, where the issue of patentability of his invention was tried de novo. The District Court rejected Patent Office claims that the invention had been in non-experimental public use, and authorized the Patent Office to issue a patent.
A person is not entitled to a patent where “the invention was * * * in public use * * * more than one year prior to the date of the application for patent. * * * ”1 An exception to this is recognized and “public use” is no…
2Cases cited19 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Pennock v. DialogueSupreme Court of the United States · 1829
- Egbert v. LippmannSupreme Court of the United States · 1881
- Kendall v. WinsorSupreme Court of the United States · 1859
- Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
14 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan CorporationCourt of Appeals for the Fifth Circuit · 1974
- James C. Hobbs v. United States of America, Atomic Energy CommissionCourt of Appeals for the Fifth Circuit · 1971
- Baker Oil Tools, Inc. v. Geo Vann, Inc., Baker Oil Tools, Inc. v. Texas Iron Works, Inc.Court of Appeals for the Federal Circuit · 1987
- Application of John A. Nelson and Anthony C. ShabicaCourt of Customs and Patent Appeals · 1960
- Anthony J. Cali v. Eastern Airlines, Inc.Court of Appeals for the Second Circuit · 1971
42 more not listed; retrieve them via the Exa API.