Barne Barnes Research Paper

Barnes invented improved corset steels between January and May of 1855, according to the testimony given by the executrix of his estate, Frances (Plaintiff) in an action she brought against Defendant (Lippmann) for patent infringement. Plaintiff stated that Barnes invented the improvement covered by his patent between January and May, 1855. Then, between the dates named, the plaintiff and her friend Miss Cugier were complaining of the breaking of their corset steels. Barnes, who was present and was an intimate friend of the plaintiff, said he thought he could make her a pair that would not break. At their next interview, he presented her with a pair of corset steels which he himself had made. The plaintiff wore these steels a long time. In 1858,

Mrs. Barnes went out, and returned with a pair of corsets and a pair of scissors, and ripped the corsets open and took out the steels. Barnes then explained to witness how they were made and used. Defendant argued that this evidence confirmed that the steels were "in public use" long before a patent application was made which ultimately voided the issued patent. The Court held on review that, under 5 Stat. 117, ch. 357 (1836), if an invention was in public use for more than two years prior to the patent application, with the consent and allowance of the inventor, the effect was to render the letters-patent invalid. Secondly that whether the use of an invention is public or private does not necessarily depend upon the number of persons to whom its use is known. If an inventor, having made his device, gives or sells it to another, to be used by the donee or vendee without limitation or restriction or injunction of secrecy and it is so used, such use is public even though the use and knowledge of the use may be confined to one