Shaw v. Cooper

32 U.S. (7 Pet.) 292, 8 L. Ed. 689 (1833)

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Shaw v. Cooper

United States Supreme Court
32 U.S. (7 Pet.) 292, 8 L. Ed. 689 (1833)

  • Written by Eric Miller, JD

Facts

Joseph Shaw (plaintiff) brought suit against Joseph Cooper (defendant) for infringement of a patent on a gun-related invention. Although Shaw obtained the United States patent in 1822, he had shared knowledge of the invention with various people in England as early as 1813. Witnesses testified that Shaw’s invention was in use in English gun shops as of 1820 and known in France as of 1821. The circuit court found in favor of Cooper, holding that Shaw’s patent was rendered invalid by public use of the invention. Shaw appealed. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (McLean, J.)

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Casebooks

Patent

Key Terms

  • Public UseThe public use of an invention for a period of time, creating a bar to patentability.
  • PatentA monopoly for inventors of processes, machines, and compositions over their inventions.
  • Patent InfringementUnder the general infringement section of 35 U.S.C. § 271, a person who imports, sells, offers to sell, or uses in the United States without authorization a patented invention, process, machine, or manufacture is chargeable with infringement of the patent.

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