Court : US Supreme Court
Decided on : Jan-01-1863
Bloomer v. Millinger - 68 U.S. 340 (1863) U.S. Supreme Court Bloomer v. Millinger, 68 U.S. 1 Wall. 340 340 (1863) Bloomer v. Millinger 68 U.S. (1 Wall.) 340 ERROR TO THE CIRCUIT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus 1. A grant of a right by a patentee to make and use and vend to others to be used a patented machine within a term for which it has been granted will give the purchaser of machines from such grantee the right to use the machine patented as long as the machine itself lasts, nor will this right to use a machine cease because an extension of the patent, not provided for when the patentee made his grant, has since been allowed and the machine sold has lasted and is used by the purchaser within the term of time covered by this extension, the rule being distinguishable from that applied to the assignee of the right to make and vend the thing patented, who holds a portion of the franchise which the patent confers and whose right of course terminates with...
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