Edward J. Brenner, Commissioner of Patents v. The State of Israel, Ministry of Defence

This is an appeal from a judgment of the District Court in a proceeding under 35 U.S.C. § 145. It involves the proper interpretation to be given to two sections of the Patent Act of 1952. 1 There are no facts at issue. It is stipulated that appellee without deceptive intention neglected to file in the Patent Office the “certified copy of the original foreign application” for a patent which Section 119 requires to be filed “before the patent is granted,” if the applicant wishes to avail himself of the benefits of the prior application. Less than three weeks after the U. S. patent was issued by…