patent grant
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 324 U.S. 370 - Special Equipment Co. v. Coe · 1945Most cited · 141 citing opinions
The patent grant is not of a right to the patentee to use the invention, for that he already possesses. It is a grant of the right to exclude others from using it. As the statute, R.S. § 4884, 35 U.S.C.A. § 40, provides, the grant is of the 'exclusive right to make, use, and vend' the invention, and this includes the exclusive right to license others to make, use and vend it. By the very terms of the statute the grant is nothing more than a means of preventing others, except under license from the patentee, from appropriating his invention.
How often courts cite the cases defining “patent grant”
Court decisions citing the 2 opinions that defined “patent grant” — 232 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1830–1945
- ORIGINAL
The only contract made by the state is a grant to John Cornelius, his heirs and assigns, of the land in question: the patent contains no covenant to do or not to do any further act in relation to the land; and we do not, in this case, feel at liberty to create one by implication. The state has not by this act impaired the force of the grant; it does not profess or attempt to take the land from the assigns of Cornelius, and give it to one not claiming under him.
no implied covenants beyond grant