Henry Billings Brown

“ A familiar instance is that of one who stands by while a sale is being made of property in which be has an interest, and makes no claim thereto, in which case he is held to be estopped from setting up such claim. The same principle is applied to an inventor who makes his discovery public, looks on, and permits others to use it without objection or assertion of a claim for a royalty. In such case he is held to abandon his inchoate right to the exclusive use of his invention, to which a patent would have entitled him, had it been applied for before such use. ”

“ So, if the inventions of a patentee be made in the course of his employment, and he knowingly assents to the use of such inventions by his employer, he cannot claim compensation therefor, especially if his experiments have been conducted or his machines have been made at the expense of such employer. ”

“ In Solomons' Case the finding was that, while employed as chief of the bureau of engraving and printing, Clark conceived the idea of a self-canceling stamp, and under his direction the employees of that bureau, using government property, prepared a die or plate, and put into being the conception of Mr. Clark.
In every case the idea conceived is the invention. Sometimes, as in the case of McClurg v. Kingsland, a series of experiments is necessary to develop and perfect the invention. ”

“ There is no doubt whatever of the proposition laid down in Solomons' Case, that the mere fact that a person is in the employ of the government does not preclude him from making improvements in the machines with which he is connected, and obtaining patents therefor, as his individual property ”

“ While no criticism is made of the claimant, who was a simple mechanic, and, as found by the court of claims, 'a faithful, intelligent, and capable employ e, whose services were of great value to the government,' and whose conduct was 'fair, honest, and irreproachable,' and while the government appears to have profited largely by his inventive skill, we are of opinion, for the reasons above stated, that the appeal in his behalf should be addressed to the generosity of the legislative, rather than to the justice of the judicial, department. ”

“ If he did not obtain patents, their use was open to anybody. Under such circumstances, it is impossible to say that an officer of the government, conceiving that he had full authority to make use of them, agreed by their adoption to pay for the value of the use of such machines under patents that might be applied for and granted in the future. ”

“ The principle is really an application or outgrowth of the law of estoppel in pais, by which a person looking on and assenting to that which he has power to prevent is held to be precluded ever afterwards from maintaining an action for damages. ”