United States Supreme Court Cases & Opinions

U.S. Supreme Court

Andrews v. Hovey, 123 U.S. 267 (1887)

Andrews v. Hovey

Argued October 18-19, 1887

Decided November 14, 1887

123 U.S. 267

Syllabus

Reissued letters patent No. 4372, granted to Nelson W. Green, May 9th, 1871, for an "improvement in the method of constructing artesian wells," the original patent, No. 73,425, having been granted to said Careen, as inventor, January 14, 1868, on an application filed March 17, 1866, are invalid because the invention was in public use by others than Green more than two years prior to his application for the patent.

The proper construction of § 7 of the Act of March 3, 1839, 5 Stat. 354, is that if, more than two years before the application for a patent, the invention covered by it was in public use, whether with or without the consent of the subsequent patentee, the patent was rendered invalid.

In equity for alleged infringement of letters patent. Decree dismissing the bill, from which complainant appealed. The case is stated in the opinion of the Court.

Page 123 U. S. 268