Chapman v. WintroathAnnotate this Case
252 U.S. 126 (1920)
U.S. Supreme Court
Chapman v. Wintroath, 252 U.S. 126 (1920)
Chapman v. Wintroath
Argued January 9, 1920
Decided March 1, 1920
252 U.S. 126
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 divisional 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. 252 U. S. 134. Rev.Stats. § 4886.
Such a second application is not to be regarded as an amendment to the original application and, so subject to the one-year limitation of Rev.Stats. § 4894. P. 252 U. S. 138.
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. 252 U. S. 139.
47 App.D.C. 428 reversed.
The case is stated in the opinion.
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.