Henry v. Providence Tool Co.
U.S. Circuit Court for the District of Rhode Island
[This was a bill in equity by Alexander Henry against the Providence Tool Company, for the alleged infringement of letters patent No. 119,846, granted to plaintiff October 10, 1871.]
1Opinion of the Court
CLIFFORD, Circuit Justice.
Vigilance is necessary to entitle an individual to the privileges which the act of congress grants to an inventor. It is not enough that he should show his right by invention, but he must in due time secure it in the mode required by law. Shaw v. Cooper, 7 Pet. [32 U. S.] 319. Meritorious inventors cannot be debarred from receiving a patent for their inventions, by reason of the same having been first patented in a foreign country; nor can the patent be held invalid on that account; or be held void because the invention had been known or used in a foreign country…
2Cases cited2 opinions
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Roemer v. SimonSupreme Court of the United States · 1877
3Cited by6 opinions
- Holmes Electric Protective Co. v. Metropolitan Burglar Alarm Co.U.S. Circuit Court for the District of Southern New York · 1884
- Canan v. Pound Manuf'g Co.U.S. Circuit Court for the District of Northern New York · 1885
- Huber v. N. O. Nelson Manuf'g Co.U.S. Circuit Court for the District of Eastern Missouri · 1889
- Hennebique Const. Co. v. MyersCourt of Appeals for the Third Circuit · 1909
- Huber v. Myers Sanitary DepotU.S. Circuit Court for the District of Southern New York · 1887
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