Legal Opinion

Mitchell v. Hawley

Supreme Court of the United States

Decided March 18, 1873PublishedCited by 113 opinions

The 18th section of the Patent Act of July 4th, 1836,* after enactiug that patents may in certain cases be’ extended, and that “thereupon the said patent shall have the same effect in law as though it had been originally granted for the term of twenty-oue years,” adds: ■ “ And the benefit of such renewal shall extend to- assignees and grantees of the right to use the thing patented .to the extent of their respective interests therein.”

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The 18th section of the Patent Act of July 4th, 1836,* after enactiug that patents may in certain cases be’ extended, and that “thereupon the said patent shall have the same effect in law as though it had been originally granted for the term of twenty-oue years,” adds: ■ “ And the benefit of such renewal shall extend to- assignees and grantees of the right to use the thing patented .to the extent of their respective interests therein.” With this statutory enactment in force the Hnited States, on the 3d of May, 1853, granted a patent to one Taylor for fourteen years for improved machinery in…

1Opinion of the Court

Mr. Justice CLIFF O RD’

delivered the opinion of the court.. Patentees acquire by their letters-patent the exclusive right to make, and use their patented inventions and to vend the same to others to be used for the period of time specified in the patent, but when they have made one or more of the things patented, and hare vended the same to others to be used, they have parted to that extent with their exclusive right, as they are never entitled to but one royalty for a patented machine, and consequently a patentee, when he has himself constructed a machine and sold it without any conditions,…

2Cited by113 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. United States v. General Electric Co.Supreme Court of the United States · 1926
  3. Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
  4. Bauer & Cie v. O'DonnellSupreme Court of the United States · 1913
  5. General Talking Pictures Corp. v. Western Electric Co.Supreme Court of the United States · 1938

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