Experimental Use

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Experimental Use

• Patent Law
• 3.8.04

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American Nicholson Paving

• Wood block pavements were laid in New York and
  Philadelphia about 1835, in England about 1838,
  and in Paris about 1880. The first blocks were
  round or hexagonal, and many different types of
  wooden pavements were patented between 1840 and
  1913.

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Wood Block technology
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Wood block technology II
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Nicholson timeline
Hosking Patent 1850
1854 Patent filed/Issues
1875 Reissued Patent Expires
8.1847 Nicholson files caveat
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Nicholson Facts
6 Years of Public Use
1854 Patent filed/Issues
1875 Reissued Patent Expires
8.1847 Nicholson files caveat
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• 1821 Mill Dam runs from Beacon Street to Charles
  Street and across to Sewellís Point, Brookline.
  The dam is the brainchild of Uriah Cotting and
  the Roxbury Mill Corporation. The structure is 50
  feet wide and one half mile long with a toll road
  running over it between a row of trees. It is
  called Western Avenue and later Beacon Street.

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Key Facts

• Lang Testimony, p. 587
• Nicholson inspected surface daily
• Asked questions about it
• Corroboration by witnesses

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Holding

• Public use okay when the delay in filing is
  occasioned by a bona fide effort to bring his
  invention to perfection or to ascertain whether
  it will answer the purpose intended

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Extra Points

• Reissues, nineteenth century
• Sovereign immunity/govt Ks