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IVES V. SARGENT, 119 U. S. 652 (1887)

U.S. Supreme Court

Ives v. Sargent, 119 U.S. 652 (1887)

Ives v. Sargent, 119 U.S. 652 (1887)

Argued December 15, 1886

Decided January 10, 1887

119 U.S. 652


It is the duty of a patentee, receiving letters patent for an invention, to examine them within a reasonable time to ascertain whether they fully cover his invention, and if he neglects so to do for the period of three years, and the real invention is then found to be infringed by a construction which is manufactured and sold without infringing the patent as originally granted, he must suffer the penalty of his own laches, and cannot, by means of a reissue, correct the error.

Wollensak v. Reiher, 115 U. S. 96, and Mahn v. Harwood, 112 U. S. 304, affirmed and applied.

The reissue No. 9901, dated October 13, 1881, of letters patent No. 202,158, dated April 9, 1878, and granted to Frank Davis for an improvement in door bolts is void as containing new matter introduced into the specification and as being for a different invention from that described in the original patent.

This was a bill in equity to restrain the infringement of letters patent. The case is stated in the opinion of the Court.

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