Egbert v. Lippmann
Encyclopedia
Egbert v. Lippmann, 104 U.S. 333 (1881), was a case in which the Supreme Court of the United States
held that public use of an invention
bars the patenting of it.
-steels”, which were spring
s to hold a corset together. In 1855 he gave the springs as a gift
to his girlfriend
Frances, who would later become his wife and the executrix of his will
. In 1858 he gave her another set of steels, which she used for a long time. In 1863, Samuel and Frances showed the invention to his friend Joseph Sturgis; and in 1866 Samuel applied for a patent
. Then, Frances sued for patent infringement
.
wrote for the majority, explaining that public use of the invention by only one person is sufficient to be considered a public use, even where the usage of the invention is not visible to the general public. Similarly, a gift to another party without regards to secrecy or restrictions on use is sufficient to bar a patent for the same reason. Woods held that the use here was different from that in City of Elizabeth v. Pavement Company because this was not a good faith effort to test or experiment with the design. Furthermore, Barnes “slept on his rights” for the eleven years between 1855 and 1866, not applying for a patent until other manufacturers had already incorporated aspects similar to Barnes’ design into their own products. He did not bother applying for a patent until he came to the belated realization that he could potentially profit from his invention. Thus, the court held that the patent was invalid.
was the sole dissenter in this case, disagreeing with the majority about the “public” nature of Frances’ use of the corset-steels. The use was not visible to the public, as it was only used by one woman, underneath her outer clothing, and could not have divulged the nature or design of the invention to the public at large.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that public use of an invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
bars the patenting of it.
Facts and procedural history
Samuel Barnes designed “corsetCorset
A corset is a garment worn to hold and shape the torso into a desired shape for aesthetic or medical purposes...
-steels”, which were spring
Spring (device)
A spring is an elastic object used to store mechanical energy. Springs are usually made out of spring steel. Small springs can be wound from pre-hardened stock, while larger ones are made from annealed steel and hardened after fabrication...
s to hold a corset together. In 1855 he gave the springs as a gift
Gift
A gift or a present is the transfer of something without the expectation of receiving something in return. Although gift-giving might involve an expectation of reciprocity, a gift is meant to be free. In many human societies, the act of mutually exchanging money, goods, etc. may contribute to...
to his girlfriend
Girlfriend
Girlfriend is a term that can refer to either a female partner in a non-marital romantic relationship or a female non-romantic friend that is closer than other friends....
Frances, who would later become his wife and the executrix of his will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
. In 1858 he gave her another set of steels, which she used for a long time. In 1863, Samuel and Frances showed the invention to his friend Joseph Sturgis; and in 1866 Samuel applied for a patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
. Then, Frances sued for patent infringement
Patent infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
.
Majority opinion
Justice William Burnham WoodsWilliam Burnham Woods
William Burnham Woods was an American jurist, politician, and soldier.-Early life and career:Woods was born on August 3, 1824 in Newark, Ohio. He was the older brother of Charles R. Woods, another future Civil War general. He attended college at both Western Reserve University and Yale...
wrote for the majority, explaining that public use of the invention by only one person is sufficient to be considered a public use, even where the usage of the invention is not visible to the general public. Similarly, a gift to another party without regards to secrecy or restrictions on use is sufficient to bar a patent for the same reason. Woods held that the use here was different from that in City of Elizabeth v. Pavement Company because this was not a good faith effort to test or experiment with the design. Furthermore, Barnes “slept on his rights” for the eleven years between 1855 and 1866, not applying for a patent until other manufacturers had already incorporated aspects similar to Barnes’ design into their own products. He did not bother applying for a patent until he came to the belated realization that he could potentially profit from his invention. Thus, the court held that the patent was invalid.
Dissent
Justice Samuel Freeman MillerSamuel Freeman Miller
Samuel Freeman Miller was an associate justice of the United States Supreme Court from 1862–1890. He was a physician and lawyer.-Early life and education:...
was the sole dissenter in this case, disagreeing with the majority about the “public” nature of Frances’ use of the corset-steels. The use was not visible to the public, as it was only used by one woman, underneath her outer clothing, and could not have divulged the nature or design of the invention to the public at large.