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Articles 1 - 5 of 5
Full-Text Articles in Law
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Michigan Law Review
An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Michigan Law Review
Petitioner's complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or "shop right." On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner's statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff …
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Michigan Law Review
After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …
Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour
Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour
Michigan Law Review
Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two months subsequent to the date of application. Less than two months later, application for a reissue patent was filed, describing and claiming a change in the dimensions of a given surface from "greater than one-half' to "greater than one-third" the height of a prescribed standard. The reissue patent was awarded eight months after the application for reissue. Patentee subsequently assigned the reissue to plaintiff corporation. Plaintiff brought suit for infringement, and defendant moved for summary judgment on the ground that the reissue was invalid because …
Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.
Michigan Law Review
Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant's application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 …