Where it appeared in evidence that the He is not a true and first inventor The party introducing an invention, The introducer of an invention is The person who suggests the principle And although a skilful mechanic be In the case of simultaneous inventors, The distinction between first inventor 689. The prior use of an invention, though Originality of invention not destroyed Semble, That the title of a party as JURY. If the parties consent the jury may be Any specific question to be put to the their consent. Ibid. 612. LETTERS PATENT. See DATE. Letters patent cannot be dated before The Chancellor will not alter the date A recompence and reward for making To be construed favourably for the Granted in order that the public may The term of fourteen years too long. Adequate reward and remuneration See EXTENSION. The granting and prohibitory part of Semble, That letters patent contain- The grant of letters patent not a mat- There may be several patents for the The letters patent are prima facie The letters patent and specification are In concurrent applications for letters LICENSE. Money paid for a license to use a pa- The plea of the invalidity of a patent The grant of an exclusive license to Such a license would not be invalid if LICENSEE. A licensee under letters patent is a MAKING. The making, prior to obtaining a pa- other purposes than those of sale and Making without selling an infringe- MANUFACTURE AND NEW MANUFACTURE. The word 'manufacture' in the sta- tute, must be construed in one of two A new principle developed, carried out, Semble, That an expanding table, with- The introducing cords or strands of A slight difference from what has ex- The welding tubes by fixed dies in- Tubes having been welded by grooved The attaining the same result, or pro- The adaptation of a rotary cutter in a A button and a flexible shank being MONOPOLY. An allowance of or for the sole buying, selling, making, working, or using of anything, whereby persons are restrained of any freedom they had before, or hindered in their lawful trade. Darcy v. Allin, 5, n. A grant of the sole making of cards void, as being a monopoly and contrary to law. Ibid. 2. The power of exclusive sale of any commodity, a monopoly. Ibid. 5. True tests or incidents of a monopoly, the price raised, quality of commodity inferior, and artificers impoverished. Ibid. 3. All monopolies declared void except letters patent for the sole working or making of any manner of new manufacture to the true and first inventor. (Stat. 21 Jac. 1, c. 3, s. 5, 6.) 30. Monopoly patent in respect of a new trade or engine in furtherance of a trade for a limited period lawful. Darcy v. Allin, 6; Crane v. Price, 411. A patent of monopoly and of privilege different. Darcy v. Allin, 5, n. NEW TRIAL. The fact of a sci. fa. pending is a ground for not entertaining a particular objection to the validity of a patent on a motion for a new trial. Haworth v. Hardcastle, 480. New facts which would be ground for repealing letters patent by scire facias will not be received on motion for a new trial. Lewis v. Marling, 495. MISTAKE. Every mistake in a specification will not vitiate a patent. Neilson v. Harford, 340. See AMENDMENT-WORD. MODEL. To be made, deposited, and preserved. Lombe's act, 39. NOTICE OF OBJECTIONS. In an action for the infringement of, and in a sci. fa. to repeal a patent, the defendant and plaintiff respectively shall give a notice of any objections on which he means to rely at the trial. (Stat. 5 & 6. W. 4, c. 83, s. 5.) 260, n. a. If a defendant neglect to deliver the notice of objections with his pleas, he must obtain leave to plead de novo. Losh v. Hague, 203, n. The notice of objections is intended to It is not sufficient to state an objection The notice of objections should be The notice of objections must be taken In actions for infringing a patent, the Doubtful whether the statute requires The notice of objections meant to af- The court may decide on the suffi- The jurisdiction of the court as to A particular of objections delivered by The object of the statute not to limit The defendant is not limited to the The court refused to order a particular The words 'divers other persons,' The defendant may apply to a judge at The particular machines to which the The part or parts in respect of which The notice of objections intended to But the objection may be so fully ex- At nisi prius the only question is, If the notice be too general, previous It is not sufficient notice to say, that It is a sufficient notice to state "that The notice of objections must point The objection, that the plaintiff did not Semble, That a notice of the invention Semble, The objection, that an inven- The new rules being in operation be- The pleas may be narrowed by naming the person or limiting the nature of the inquiry. The words and elsewhere' not unreasonable. Ibid. 550. An averment relating to a particular trade in certain towns is limited and definite, but under an averment about common forges, with a reference to numerous places all over the kingdom, it is impossible to tell what is intended to be proved. The Househill Company v. Neilson, 552. The section of the statute (5 & 6 W. 4, c. 83), as to the notice of objections, does not apply to proceedings in Scotland, the same object being obtained by the closed record. Ibid. 552, 711, & 714. A statement in the notices of objections, that the specification is calculated to deceive, is sufficient to let in evidence as to any particular passage being false. Neilson v. Harford, 324, 332, & 370. See Russell v. Ledsam, 11 M. & W., 647. NOVELTY. The general question is, whether the invention was known and in use before the patent. Liardet v. Johnson, 53. Two distinct issues-the one whether the invention was in use, the other, whether the party derived it from another person or from some public source. Cornish v. Keene, 507. The distinction between the issues as to the first inventor and public use by others of the invention, is in the abstract sound. The Househill Company v. Neilson, 689. The grantee must be the first inventor, and the invention must not be in use at the time of the granting the patent. For the purpose of meeting the case, that the party is the inventor, evidence may be gone into to show that a person used the invention ten years ago, and then abandoned it. Ibid. 719-20. Admitting that he is the inventor, if this invention be known and used at the time at which the patent is granted, the patent is void. Ibid. 720. The notorious use of an invention, though discontinued, sufficient to invalidate subsequent letters patent. Ibid. 710. The prior use of a perfected invention, if such prior use be publicly known, will vitiate the subsequent letters patent for the same invention. Ibid. 716. Semble, That the prior use and abandonment of an invention, if lost sight of and not known to the public, will not vitiate letters patent for the same invention. Ibid. 717. If an invention is in use at the time of the making the grant, the party cannot have a patent, although he is an original inventor; if it is not in use he cannot have a patent if he is not an original inventor. Ibid. 719. The statute excludes from a patent the inventor who shall have made the invention so public, that others at the time shall use it. The consideration fails. Ibid. 719. The sale of the article in the market by the patentee will vitiate letters patent obtained subsequently to such sale. Wood v. Zimmer, 44. The making of two or three of the patent apparatus by the patentee prior to the date of the grant will not vitiate it, unless others shall use the invention. Bramah v. Hardcastle, 194. The construction and sale, before the date of the patent, of the patent machine by the patentee for gain to any of the public who will buy it, invalidates the subsequent letters patent. Morgan v. Seaward, 194. If such sale did not vitiate the subsequent letters patent, the inventor might practically have a monopoly of much than fourteen years. longer duration Ibid. 195. The manufacture of two pieces of machinery for a party connected in business with the patentee, under an injunction of secrecy, and their user abroad, may not be such a publication as will vitiate the subsequent grant. Ibid. 195 & 705. The making of an article in this country, though for exportation, will vitiate a subsequent patent, unless under special circumstances. Carpenter v. Smith, 536. |