Mahn v. Harwood

Citations

• 112 U.S. 354
• 5 S. Ct. 174
• 28 L. Ed. 665
• 1884 U.S. LEXIS 1889

Syllabus

<p>A patent for ball-covers issued to Janies H. Osgood May 21, 1872, reissued April 11, 1876, held invalid as to the new and enlarged claims, because, there was unreasonable delay in applying for it, the only object of the réissue being to enlarge the claims.</p> <p>The principles announced in the case of Millar v. The Brass Company, 104 IT. S. 350, in reference to reissuing patents for the purpose of enlarging the claims, reiterated and explained.</p> <p>It was not intended in that case to question the conclusiveness, in suits for in- . fringement, of the decisions of the Commissioner of Patents on matters of fact necessary to be decided before issuing the patent, except as-the statute gives specific defences ; but those defences are not the only ones that may be made ; if it appears that the Commissioner has granted or reissued a patent without authority of law, this will be a good defence ; as, where the thing patented is not a patentable invention, or where a reissue is for a different'invention from that described in the original patent, &e.</p> <p>A patent cannot be lawfully reissued for the mere purpose of enlarging the claim, unless there has been a clear mistake inadvertently committed in the wording of the claim, and the application for reissue is made within a reasonably short time. Whether there has been such an inadvertent mistake is, in general, a matter of fact for the Commissioner to decide ; but whether the application is made in reasonable time is matter of law, which the court may determine by comparing the reissued patent with the original, and, if necessary, with j¿he records in the Patent Office when presented by the record.</p> <p>The application for a reissue in such cases must be made within a reasonable time; because the rights of the public, conceded by the original patent, are directly affected and violated by an enlargement of the claim ; and the patentee’s continued acquiescence in the public enjoyment of such right, for an unreasonable