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" in Scientific American 13, 22, 173 (February 1858)