Chapman v. Wintroath

Citations

• 252 U.S. 126
• 40 S. Ct. 234
• 64 L. Ed. 491
• 1920 U.S. LEXIS 1668

Syllabus

<p>An inventor whose application disclosed but did not claim an invention which is later patented to another, is allowed by the patent law two years after such patent issues within which to file a second or divis- ' ional application claiming the invention; and this period may not be restricted by the courts upon the ground that so much delay may be prejudicial to public or private interests. P. 134. Rev. Stats, §4886.</p> <p>Such a second application is not to be regarded as an amendment to the orginal application and so subject to the one year limitation of Rev.- Stats., § 4894. P. 138.</p> <p>Nor can the right to make it be deemed lost by laches or abandonment merely because of a delay not exceeding the two years allowed by the statute. P. 139.</p>