Democratic Sentinel, Volume 7, Number 9, Rensselaer, Jasper County, 30 March 1883 — Hints to Inventors. [ARTICLE]

Hints to Inventors.

A conveyance of “all my right, title and interest in and to” a patent, though properly recorded, does not include the right for two counties covered by a prior conveyance, although the prior conveyance was not recorded in -the Patent Office. 1 In an infringement case, where the defense was that the defendant’s machine was purchased of another person who had settled with the patentee therefor, and the proof failed to show that the defendants purchased before the date of settlement, held, that the use by the defendants of such apparatus is an infringement. In reducing his patent to practical application, a patentee is not he'd to strictly and entirely follow the mechanical device shown in bis draw-

ings, but he may deviate so long as he does not violate the principle involved in his patent In a case of infringement where the defendants used the combination that gave a peculiar value to the plaintiffs’ patent, they are chargeable with damages iu respect to the entire patent The measure of damages for infringement of a patent is the profits that the plaintiffs would have made on the sales of the patented article had they supplied the customers to whom the defendants sold such article. In estimating the amount of such profits, the cost of manufacture and sale should be deducted, and, on sales of a large amount, clerk’s hire, storage, freight, etc., should be considered as part of such cost; but, when these expenses would make only a trifling difference, they need not be taken into account. Decisions of the courts operate upon all cases alike from the tune they are rendered, while rules of practice should only be applied to cases filed after their adoption.