Brown v. Campbell
Brown v. Campbell
Opinion of the Court
delivered the opinion of the Court.
The Examiner of Interferences and the Board of Examiners in Chief, after an unusually exhaustive and satisfactory analysis of the evidence, found that Campbell had established a conception and reduction to practice in February, 1906, and that Brown had established a reduction to practice in the latter part
We are convinced that the evidence fully sustains the finding of the tribunals of the Patent Office that Mr. Brown concealed this invention from the time it was made, in 1904, until Mr. Campbell’s machine was on the market, in 1907, and that it was Mr. Campbell’s disclosure of the invention to the public that inspired- the Brown application. We do not deem it, necessary to review the evidence here, since that has been so satisfactorily done in the Patent Office. VTe therefore agree with the Office that the case is ruled by Mason v. Hepburn, 13 App. D. C. 86; Richards v. Burkholder, 29 App. D. C. 485; Gordon v. Wentworth, 31 App. D. C. 150, and other cases in this court.
“No man, when he hath lighted a candle, putteth it in a secret place, neither under a bushel, but on a candlestick, that they which come in may see the light.” St. Luke 11: 33. The man who secretes his invention makes easier and plainer the path of no one. He contributes nothing to the public. Over and over has it been repeated that the object of the patent system is, through protection, to stimulate inventions, and inventors ought
Decision affirmed. Affirmed. _
A petition by the appellant for a rehearing was denied March 2, 1914.
Reference
- Full Case Name
- BROWN v. CAMPBELL
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Patents; Interference; Alternative Ruling; Abandonment; Conceal went. 1. A ruling by the Commissioner of Patents in an interference proceeding, on the question of an inventor’s loss of rights by delay, is not, objectionable because of the alternative form of its statement that either the inventor’s device was regarded by those responsible for its development as unsatisfactory, and amounted to nothing more than an abandoned experiment, or that the inventor, by concealing his device until he was aware of the device of the adverse, party, lost his right to a patent. 2. An inventor loses the rights which accrued from his prior conception and reduction to practice by concealing- his invention and delaying his application until he learns that another has entered the field and made disclosure by marketing his invention. (Citing Mason v. Hepburn, 13 App. D. C. 86; Richards v. Bturkholder, 29 App. D. G. 485; and Gordon v. Wentuxirth, 31 App. D. C. 150.)