Andrews v. Hovey

Citations

• 123 U.S. 267
• 8 S. Ct. 101
• 31 L. Ed. 160
• 1887 U.S. LEXIS 2168

Syllabus

<p>APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA.</p> <p>Reissued letters-patent No. 4372, granted to Nelson W. Green, May 9th, 1871, ' for an “ Improvement in the method of constructing artesian wells,” the original patent, No. 73,425, having been granted to said Green, as invent- or, January 14th, 1868, on an application filed March 17th, 1866, are invalid, because the invention was in public use by others than Green more than two years prior to his application for the patent.</p> <p>The proper construction of § 7 of the act of March 3d, 1830, (5 Stat. 354,) is, that if, more than two years before the application for a patent, the invention covered by it was in public use, whether with or without the consent of the subsequent patentee, the patent was rendered invalid.</p>