MESSRS EDITORS :—As there are no lawyers here who are acquainted with Patent business, I wish to enquire if a man is not liable in an action of damages, in the Supreme Court of this State, for making a patented article when it is his intention to sell the same, even though he sells to those who own territory ? Or suppose I own a county right to make and sell, can any other make in said territory and sell to others out of said county or in it ? Please answer through the SCIENTIFIC AMERICAN. A. S. RICE. Waverly, N. Y., Jan. 27th, 1858. [The Supreme Court of the State of New York has no jurisdiction in patent cases. Suits for damages can only be brought in the United States Courts. A patent is the monopoly of the right to make, sell and use the article secured by the grant of Letters Patent —therefore no one can manufacture a patented article upon territory owned by another without infringing the right of the latter.— EDS.
This article was originally published with the title "A Question in Patent Law"