Patents

Cover Patents
Patents
Charles Holland Duell
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Dialogue, 19 Fed. Cas. No. 10, 941, 1 Robb Pat. Cas. 466, 4 Wash. 538 [affirmed in 2 Pet. 1, 7 L. Ed. 327J ; [IV, A, 8] 878 [30 Cye. ] PATENTS 9. INVENTION MADE ABROAD. Acts performed abroad, whether by a citizen of tliis country or a foreigner, are not pertinent to the question of his right to a patent, since under the statute knowledge or use of the invention abroad is no bar to the grant of a patent to an original inventor who firsts makes or discloses the invention bere. 38 10. EVIDENCE AS ...TO ORIGINALITY AND PRIORITY 39 a. Presumptions and Burden of Proof. The presumption is that the person who obtained the patent was the first and original inventor, 40 and the burden is upon the person seeking to show the contrary to prove it beyond a reasonable doubt. 41 b. Admissibility and Sufficiency. The admissibility of evidence in actions to establish priority between inventors is governed by the rules applicable in civil Sparkman v. Higgins, 22 Fed. Gas. No. 13, 208, 1 Blatchf. 205, Fish.

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