Statutory Disclaimers in Patent Law

Name: Statutory Disclaimers in Patent Law
Cite: Statutory Disclaimers in Patent Law, Pasquale Federico: 1935.
Year: 1935
Bluebook cite: P.J. Federico, Statutory Disclaimers in Patent Law, Pasquale Federico: 1935.
Author: P.J. Federico
URL
Item Type: book
Summary: Prior to 1837, there was no concept, in treatises or court decisions of the time, that a patent, granted for more than what a party was entitled to, could be enforced as to a part to which the patentee was entitled. 14. Discusses Evans v. Eaton. 15. Common law rule: â€œif one claim is invalid, the entire patent is void.â€ 17. In 1837, the common law rule was relaxed, statutorily, so as to permit a patentee to disclaim overly broad or existing claims in his original application. 17 n.1. Case law, however, makes clear that the common law rule was not abolished by the Act of 1837, but remained in force. 19 (â€œThe Act of 1837, ch. 45, in the ninth section, contemplated the rule of the common law as being then in full force; and, therefore, it seeks to mitigate it, . . .â€).

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