United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chapman v. Wintroath, 252 U.S. 126 (1920)

Chapman v. Wintroath

No. 117

Argued January 9, 1920

Decided March 1, 1920

252 U.S. 126

Syllabus

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.

Page 252 U. S. 132