Egbert v. Lippman, 104 U.S. 333 (1881)
The invention? Corset springs. If you are confused, refer to the date of this decision. This case dealt with the "public use" bar. It was not called § 102(b) then, but same thing, except back then, the "public use" bar was two years before the filing date, not one year, as it is currently. (With the changing times came more of a push to get people into the Patent Office, apparently.) In both 1855 and 1858, our happy inventor gave the corset springs to a young lady, who used them, then replaced them when they became worn out. The corset springs were hidden within the corset, which were of course hidden underneath the young lady's clothing, so no one actually saw the corset springs. The inventor did not apply for a patent for the corset springs until 1866. The Supreme Court found that he had "slept on his rights" for too long – providing the young lady with the corset springs constituted a public use.
This case is important for several reasons:
First, to constitute public use, the invention need not be actually used in public.
Second, whether the use of an invention is public or private does not depend on the number of people who know of its use. The Supreme Court stated:
Finally, "some inventions are by their very character only capable of being used where they cannot be seen or observed by the public eye…Nevertheless, if its inventor sells a machine of which his invention forms a part, and allows it to be used without restriction of any kind, the use is a public one."
The invention? Corset springs. If you are confused, refer to the date of this decision. This case dealt with the "public use" bar. It was not called § 102(b) then, but same thing, except back then, the "public use" bar was two years before the filing date, not one year, as it is currently. (With the changing times came more of a push to get people into the Patent Office, apparently.) In both 1855 and 1858, our happy inventor gave the corset springs to a young lady, who used them, then replaced them when they became worn out. The corset springs were hidden within the corset, which were of course hidden underneath the young lady's clothing, so no one actually saw the corset springs. The inventor did not apply for a patent for the corset springs until 1866. The Supreme Court found that he had "slept on his rights" for too long – providing the young lady with the corset springs constituted a public use.
This case is important for several reasons:
First, to constitute public use, the invention need not be actually used in public.
Second, whether the use of an invention is public or private does not depend on the number of people who know of its use. The Supreme Court stated:
"If an inventor, having made his device, gives or sells it to another, to be used by the donee or vendee, without limitation or restriction, or injunction of secrecy, and it is so used, such use is public, even though the use and knowledge of the use may be confined to one person."
Finally, "some inventions are by their very character only capable of being used where they cannot be seen or observed by the public eye…Nevertheless, if its inventor sells a machine of which his invention forms a part, and allows it to be used without restriction of any kind, the use is a public one."
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