abandonment

A patent is not validly issued if the invention 'is proved to have been abandoned.' Abandonment may be evidenced by the express and voluntary declaration of the inventor; it may be inferred from negligence or unexplained delay in making application for patent; it may be declared as a consequence of the inventor's concealing his invention and delaying application for patent in an endeavor to extend the term of the patent protection beyond the period fixed by the statute. In any case, the question whether the invention has been abandoned is one of fact.

Relinquishment; surrender; desertion; waiver. Of Property. The relinquishment of property or right with intent not to reclaim the same. It implies a relinquishment to the public generally, or to the next comer; a surrender to a particular person not being an abandonment. 11 Cal. 363. To constitute an abandonment there must be (1) an intent to abandon (21 Cal. 291; 49 Minn. 148; 49 N. Y. 346), and (2) an unequivocal act of abandonment (77 N. C. 186 j 42 Conn. 377; 116 Mo. 123). Mere nonuserisnot sufficient (61 Mo. 178; 15 N. H. 412); but abandonment may be presumed from long- Of Invention. Either a relinquishing of a contemplated invention before it is perfected, or a permitting of the use of an invention by the public, constitutes an abandonment of the invention to the public, and prevents the inventor from enforcing any exclusive claim to the same. 4 Fish. Pat. Cas. (U. S.) 300. Of Duties. The willful and unauthorized desertion or forsaking of a duty, as a contract or a service, or of a person as to whom the abandoner is charged with a duty, as of a child by its parents, or of a wife by her husband. In case of abandonment of domestic relations, an intent to cause a permanent separation is necessary. See "Desertion." In connection with statutes punishing abandonment of wife or family it is synonymous with "desert." Virtue v. People, 122 111. App. 224. To Underwriters. The right of an insured, who has suffered a loss, to relinquish the residue to the underwriters, and claim for a total loss, though the insured property is capable of recovery and repair. This right is confined to marine insurance, unless specially given by the policy. May, Ins. §421. Fop Torts. The ancient right of the owner of an animal or of a slave which had committed an injury for which the owner was civilly liable to surrender it to the injured person in satisfaction. The doctrine has been applied to vessels, and authorizes the owner to surrender the vessel in satisfaction of a debt contracted by the master. By Rev. St. U. S. § 4285, the right to surrender a vessel and exonerate the owner from personal liability was extended to damages by collision.

The surrender, relinquishment, disclaimer or cession of property or of rights. Stephens v. Mansfield, 11 Cal. 363; Dikes v. Miller, 24 Tex. 417; Middle Creek Ditch Co. v. Henry, 15 Mont. 558, 39 Pac. 1054. The giving up a thing absolutely, without reference to any particular person or purpose, as throwing a jewel into the highway; leaving a thing to itself, as a vessel at sea ; vacating property with the intention of not returning, so that it fiiay be appropriated by the next comer. 2 Bl. Comm. 9, 10; Pidge v. Pidge, 3 Mete. (Mass) 265; Breedlove v. Stump, 3 Yerg. (Tenn.) 257, 276; Richardson v. McNulty, 24 Cal. 339, 345; Judson v. Malloy, 40 Cal. 299, 310. To constitute abandonment there must concur an intention to forsake or relinquish the thing in question and some external act by which that intention is manifested or carried into effect. Mere nonuser is not abandonment unless coupled with an intention not to resume or reclaim the use or possession. Sikes v. State (Tex Cr. App.) 28 S. W. 688; Barnett v. Dickinson, 93 Md. 258, 48 Atl. 838; Welsh v. Taylor, 134 N. Y. 450, 31 N. E. 896, 18 L. It. A. 535. In marine insurance. A relinquishment or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so. by construction only. 2 Steph. Comm. 178. The exercise of a right which a party having insured goods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is or may be saved, afld to pay the full amount of the insurance, as if a total loss had actually happened. Park, Ins. 148; 2 Marsh. Ins. 559; 3 Kent, Comm. 318-335, and notes; The St. Johns (D. C.) 101 Fed. 469; Roux v. Salvador, 3 Bing. N. C. 206, 284; Mellish v. Andrews, 15 East, 13 ; Cincinnati Ins. Co. v. Duffield, 6 Ohio St. 200, 67 Am. Dec. 339. Abandonment is the act by Which, after a constructive total loss, a person Insured by contract of marine insurance declares to the insurer that he relinquishes to him his interest in the thing insured. Civil Code CaL § 2716. The term is used only in reference to risks in navigation; but the principle is applicable in fire insurance, where there are remnants, and sometimes, also, under stipulations in life policies in favor of creditors.

In maritime law. The surrender of a vessel and freight by the owner of the same to a person having a claim thereon arising out of a contract made with the master. See Poth. Chart. § 2, art. 3, § 5L.

In patent law. As applied to inventions, abandonment is the giving up of his rights by the inventor, as where he surrenders his idea or discovery or relinquishes the intention of perfecting his invention, and so throws it open to the public or where he negligently postpones the assertion of his claims or fails to apply for a patent, and allows the public to use his invention without objection. Woodbury, etc., Machine Co., v. Keith, 101 U. S. 479, 485, 25 L. Ed. 939; American Hide, etc., Co. v. American Tool, etc., Co , 1 Fed. Cas. 647 ; Mast v. Dempster Mill Co. (C. C.) 71 Fed. 701; Bartlette v. Crittenden, 2 Fed. Cas. 981; Pitts v. Hall, 19 Fed. Cas. 754. There may also be an abandonment of a patent, where the inventor dedicates it to the public use; and this may be shown by his failure to sue infringers, to sell licenses or otherwise to make efforts to realize a personal advantage from his patent Ransom v. New York, 4 Blatchf. 157, 20 Fed. Cas. 286. Of easement, right of way, water right. Permanent cessation of use or enjoyment with no intention to resume or reclaim. Welsh v. Taylor, 134 N. Y. 450, 31 N. E 896, 18 L. R. A. 535; Corning v. Gould, 16 Wend. (N. Y.) 531; Tucker v. Jones, 8 Mont. 225, 19 Pac. 571; McClain v. Chicago, etc., It. Co.., 90 Iowa, 646, 57 N. W. 594; Oviatt v. Big Four Min. Co., 39 Or. 118, 65 Pac. 811. Of mining claim. The relinquishment of a claim held by location without patent, where the holder voluntarily leaves his claim to be appropriated by the next comer, without any intention to retake or resume it, and regardless of what may become of it in the future. McKay v. McDougall, 25 Mont. 258, 64 Pac. 669, 87 Am. St. Rep. 395; St. John v. Kidd, 26 Cal. 263, 272; Orea-muno v. Uncle Sam Min. Co., 1 Nev. 215; Derry v. Ross, 5 Co.lo. 295. Of domicile. Permanent removal from the place of one's domicile with the intention of taking up a residence elsewhere and with no intention to returning to the original home except temporarily. Stafford v. Mills, 57 N. J. Law, 570, 31 Atl. 1023; Mills v. Alexander, 21 Tdx. 154; Jarvais v. Moe, 38 Wis. 440. By husband or Wife. The act of a husband or wife who leaves his or her consort willfully, and with an intention of causing perpetual separation. Gay v. State, 105 Ga. 599, 31 S. E. 569, 70 Am. St Rep. 68; People v. Cullen. 153 N. Y. 629, 47 N. E. 894, 44 In R. A. 420. "Abandonment, in the sense in which it is used in the statute under which this proceeding was commenced, may be defined to be the act of willfully leaving the wlfe, with the intention of causing a palpable separation between the parties, and implies an actual desertion of the wife by the husband." Stan-brough v. Stanbrough, 60 Ind. 279.

In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merl. Repert. "Abandonment."

A relinquishment or surrender, as of property to an insurer or to creditors; a desertion, as of wife, husband or child.

The surrender, re- The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leaving athing to itself, as a vessel ab sea; desertion, or dereliction. (2 Bl. Comm. 9, 10.) Burrill. In marine insurance. A relinquishment or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so by construction only. 2 Steph. Comm. 178. The exercise of a right which a party having insured goods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is or may be saved, and to pay the full amount of the insurance, as if a total loss lad actually happened. Park, Ins. 143; 2 Marsh. Ins, 559; 3 Kent, Comm. 318-335, and notes. Abandoument is the act by which, after a constructive total loss, a person insured by contract of marine insurance declares to the insurer that he relinquishes to him his interest in the thing insured. Civil Code Cul. § 2716. The term is used only in reference to risks in navigation; but the principle is applicable in fire insurance, where there are remnanis, and sometimes, also, under stipulations in life policies in favor of creditors.

In maritime law. The surrender of a vessel and freight by the owner of the same toa person having a claim thereon arising out of a contract ade with the master. See Poth. Chart. § 2, art. 3, § 51. By husband or wife. The act of a husband or wife who leaves his oz her consort willfully, and with an intention of causing perpetual separation. “ Abandonment, in the sense in which it is used in the statute under which this proceeding was commenced, may be defined to be the act of willfully leaving the wife, with the intention of causing a palpable separation between the parties, and implies an actual desertion of the wife by tue husband.” 60 Ind. 279.

In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merl. Repert. “Abandonment.”

Desertion; surrender; relinquishment of property; as when an insured person makes over his rights. in the goods to the insurer.

[Lat. cessio, derelictio, destitutio.] The relinquishment, cession, or surrender of a right, or of property, by one person to, or for another. See Cession. The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leaving a thing to itself, as a vessel at sea; desertion, or dereliction. 2 Bl. Com. 9, 10. See Dereliction. The voluntary leaving of a person to whom one is bound by a particular relation, as a wife, husband, or child. See Malicious Abandonment, Abandonment. In marine insurance. A relinquishment, or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so by construction only. 2 Steph. Com. 178. The exercise of a right which a party having insured goods or vessels has, to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is, or may be saved, and to pay the full amount of the insurance, as if a total loss had actually happened. Park on Ins. 143. 2 Marshall on Ins. 559. 3 Kent's Com. 318 — 335, and notes. Abandonment may be made either by a formal instrument called a deed of cession; or, which is more usual, by letter, no particular form being necessary. 6 Cranch R. 268. 1 Wash. C. C. R. 400, 530. See 18 Pick. R. 83. Peters' Digest, Abandonment. United States Digest, Abandonment. Abandonment. [Lat. cessio.] In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merlin Repert. Abandonment.

contracts. In the French law the act by which a debtor surrenders his property for the benefit of his creditors. Merl. Rép. Mot, Abandonment.