Reed v. Cutter
U.S. Circuit Court for the District of Massachusetts
Case for infringement of two patent rights; one for “a new and useful improvement in the pump”; the second for “a new and useful improvement in the cast-iron pump.” The declaration contained two counts, one applicable to each patent.
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Case for infringement of two patent rights; one for “a new and useful improvement in the pump”; the second for “a new and useful improvement in the cast-iron pump.” The declaration contained two counts, one applicable to each patent. The first patent was to Jesse Eeed, the plaintiff, and was dated August 5th, 1S31. The improvement claimed by this, and which it was alleged the defendants [Elisha P. Cutter and others] had infringed, was described in the specification as follows: “Under the flange is a plate about twelve inches in diameter, of suitable thickness for the strength required; near…
1Opinion of the Court
STORY, Circuit Justice,
overruled both points, and said:
Under our patent laws, no person, who is not at once the first, as well as the original, inventor, by whom the invention has been perfected and put into actual use, is entitled to a patent. A subsequent inventor, although an original inventor, is not entitled to any patent. If the invention is perfected, and put into actual use by the first and original inventor, it is of no consequence, whether the invention is extensively known or used, or whether the knowledge or use thereof is limited to a few persons, or even to the first inventor…
2Cited by5 opinions
- Corona Cord Tire Co. v. Dovan Chemical Corp.Supreme Court of the United States · 1928
- Rex Chainbelt Inc. v. Borg-Warner Corporation, Rex Chainbelt Inc. v. Carman Industries, Inc.Court of Appeals for the Seventh Circuit · 1973
- Virginia-Carolina Peanut Picker Co. v. Benthall Mach. Co.Court of Appeals for the Fourth Circuit · 1916
- Harrison v. CadwellCourt of Customs and Patent Appeals · 1930
- Application of Emil Schlittler and Andreia UfferCourt of Customs and Patent Appeals · 1956