Wollensak v. ReiherAnnotate this Case
115 U.S. 96 (1885)
U.S. Supreme Court
Wollensak v. Reiher, 115 U.S. 96 (1885)
Wollensak v. Reiher
Argued April 14-15, 1885
Decided May 4, 1885
115 U.S. 96
The question whether delay in applying for a reissue of a patent has been reasonable or unreasonable is a question of law for the determination of the court.
The action of the Patent Office in granting a reissue and deciding that from special circumstances shown it appeared that the applicant had not been guilty of laches in applying for it is not sufficient to explain a delay in the application which otherwise appears unreasonable and to constitute laches.
When a reissue expands the claims of the original patent, and it appears that there was a delay of two years or more in applying for it, the delay invalidates the reissue unless accounted for and shown to be reasonable.
A bill in equity which sets forth the issue of a patent and a reissue with expanded claims after a lapse of two or more years and states no sufficient explanation of the cause of the delay presents a question of laches which may be availed of as a defense upon general demurrer for want of equity.
The facts which make the case are stated in the opinion of the Court.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.