Circumstances in which held (aff. the judgment of the Court of Session) that a patent was invalid, on the grounds (1) that the claim in the complete specification was wider and of a different kind from that in the provisional specification; and (2) that the claim for an invention by the patentee was not a novelty, because a particular mode of using it was previously known to the public, and admittedly was in prior use.
Observed by Lord Hatherley, that in cases raising the question of the validity of a patent, where the patentee is not himself a party, it is the proper course that he should be called as a witness.
Citations:
[1878] UKHL 748, 15 SLR 748
Links:
Jurisdiction:
England and Wales
Intellectual Property
Updated: 13 October 2022; Ref: scu.646306