Hennebique Const. Co. v. Myers

I concur in the view that the act of Congress, in limiting a patent in this country by the term of one previously granted for the same invention abroad (Rev. St. § 4887), presupposes that the foreign patent is valid, and, where this proves not to be the case, that the patent here continues for the full term of 17 years which it would otherwise enjoy. I do not agree that the term of the patent abroad is written into and becomes the term of the patent here, regardless of whether such foreign patent is inherently good or bad. The purpose of the law is manifestly to limit the monopoly secured by…