Perry and Others v Skinner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1837 |
| Date | 01 January 1837 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 843
EXCH. OF PLEAS.
S. C. M. & H. 122; 6 L. J. Ex. 124; 1 Jur. 433. Considered, Reg. v. Mill, 1850, 10 C. B. 389. Referred to, Woolfe v. Automatic Picture Gallery, Limited, [1903] 1 Ch. 23.
perry and others ò. skinner. Exch. of Pleas. 1837.-Where a patent is originally void, but amended under 5 & 6 Will. 4, c. 83, by filing a disclaimer of part of the invention, that act has not a retrospective operation, so as to make a party liable for an infringement of the patent prior to the time of entering such disclaimer. [S. C. M. & H. 122; 6 L. J. Ex. 124; 1 Jur. 433. Considered, Reg. v. Mill, 1850, 10 C. B, 389. Referred to, Woolfe v. Automatic Picture Gallery, Limited, [1903] 1 Ch. 23.] Case for the infringement of a patent for an improvement in pens, of which the plaintiffs were assignees. The declaration stated that, after the assignment to the plaintiffs, and after the passing of a certain act of Parliament, intitled " An Act to amend the Laws touching Letters Patent for Inventions," to wit, on the 30th April, 1836, the plaintiffs, by and with the leave of Sir Robert Mounsey Rolfe, Kut., then being his Majesty's Solicitor-General, first had and duly certified by his fiat and signature in that behalf, entered with the clerk of the patents a certain disclaimer and memorandum of alteration, in writing, of part of the specification, (the same not being [472] such disclaimer or alteration as extended the exclusive right granted by the letters patent), by which disclaimer and memorandum of alteration, the same being under the hands and seals of the plaintiffs, they did disclaim as follows, (setting forth the particular part of the specification disclaimed, and the alteration in the claiming clause, necessary to make it consistent with the previously mentioned part of the specification), which said disclaimer and memorandum of alteration afterwards were filed by the said clerk of the patents, and duly enrolled with the said specification, pursuant to the statute. The declaration then alleged, that the defendant, within the term of fourteen years, to wit, on the 20th of February, 1836, and on divers other days, &c., did counterfeit the said invention, and did use and practise the same otherwise than in relation to the said part of the invention so disclaimed, in breach, &c. Plea, as to so many of the supposed grievances as were committed before the 30th of April, 1836, actionem noti, because the said disclaimer, &c. was not entered or enrolled until the 30th of April, 1836, as aforesaid, and until after the committing of the grievances in the...
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