Benoit v. June Dairy Products Co.’s Empirical Analysis
1937
Citation profile
3
cited by 3 later decisions
February 1971
most recently cited
Relationships
Relies on Eastern Paper-Bag Co. v. Standard Paper-Bag Co. · Vermont Farm Machine Co. v. Marble · Eastern Paper-Bag Co. v. Nixon · Cahn v. Wong Town On · McKay v. Dibert
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Generally speaking, the filing of an application for a patent, which application discloses novel features without making accompanying claims to .all of the novel features disclosed, and the acceptance of a patent thereon, give rise to the legitimate inference that the applicant intended to dedicate to the public the unclaimed novel features of his invention. In other words, it is fairly inferable from such action that the inventor intended to waive his right to a patent monopoly upon the unclaimed novel features of his invention. But does such action on his part conclusively establish dedication ? We think not. ****** There is, we think, a limitation to the inference of dedication which arises when the inventor within the time fixed by statute files another application for the unclaimed novel features referred to. In reaching this conclusion, we are not unmindful of the fact that the public is interested in every patent and in the period of its duration. Nor have we overlooked the possible effect of the Reissue Statutes. However, the statute fixes the time within which an applicant may make application for a patent on his inventions, and, so long as he acts within the time fixed, he is strictly within his legal rights. Getting back to the original proposition that waiver and dedication are both ordinarily questions of fact, it becomes necessary for the court to place applicant’s act in failing to claim all of his discovery against his other act of filing another application, ”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.