Hunt v. Howe

Citations

• 1 MacA. Pat. Cas. 366

Syllabus

<p>Jurisdiction of tiie commissioner. — The Commissioner of Patents is now vested with the whole and only original initiatory jurisdiction that exists up to the granting and delivering of the patent.</p> <p>Board of examiners — its jurisdiction distributed — power of commissioner. — When the board of examiners created by the act of 1836 was abolished by the act of 1839 its original jurisdiction was vested in the Commissioner and its appellate jurisdiction in the chief justice of the District of Columbia.</p> <p>Power of commissioner plenary within its limits. — It is true that the jurisdiction of the Commissioner of Patents is a limited one, but it is equally true that it is to be understood not only from what is expressly stated, but from what ought necessarily to be inferred, and is as absolute within its proper legal limits as a tribunal of general jurisdiction would be.</p> <p>Public use and abandonment — commissioner may investigate — due proceedings. — The Commissioner of Patents has jurisdiction to try and determine the questions of public use and abandonment arising in connection with an application by due proceedings suitable to the nature of the inquiry.</p> <p>Sm — Sm—sections 6 and 1, act of 1836, construed. — The negative prerequisites to a patent — that the invention has not been in public use or on sale, &c. — as mentioned, in the sixth section of the act of 1836, are equally binding upon the Commissioner with the others therein named, and are expressly submitted to his examination by the opening provisions of section J of ‘ the same act.</p> <p>Sm — Sm.—The object of the last part of the seventh section appears to be (on refusal to grant the patent) to direct a proceeding whereby the applicant will be allowed, under the particular circumstances stated, to withdraw or modify his specification; and if he persists in the latter, to give him the benefit of an appeal to a board of examiners. This construction is necessary, in order to make one part of the