Experimental Use Patent Law 3.8.04. American Nicholson Paving Wood block pavements were laid in New York and Philadelphia about 1835, in England about.

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Presentation transcript:

Experimental Use Patent Law

American Nicholson Paving Wood block pavements were laid in New York and Philadelphia about 1835, in England about 1838, and in Paris about The first blocks were round or hexagonal, and many different types of wooden pavements were patented between 1840 and 1913.

Wood Block technology

Wood block technology II

Nicholson timeline : Nicholson files caveat 1854: Patent filed/Issues 1875: Reissued Patent Expires Hosking Patent: 1850

Nicholson Facts : Nicholson files caveat 1854: Patent filed/Issues 1875: Reissued Patent Expires 6 Years of Public Use

1821: Mill Dam runs from Beacon Street to Charles Street and across to Sewellís Point, Brookline. The dam is the brainchild of Uriah Cotting and the Roxbury Mill Corporation. The structure is 50 feet wide and one half mile long with a toll road running over it between a row of trees. It is called Western Avenue and later Beacon Street.

Key Facts Lang Testimony, p. 587 –Nicholson inspected surface daily –Asked questions about it Corroboration by witnesses

Holding Public use okay “when the delay [in filing] is occasioned by a bona fide effort to bring his invention to perfection or to ascertain whether it will answer the purpose intended”

Extra Points Reissues, nineteenth century Sovereign immunity/gov’t Ks