UNITED STATES SUPREME COURT DECISIONS ON-LINE

Where the officers of the United States charged with the matter have refused the offer of a patentee for the use of his invention, and have declined to use it, and, proceeding independently, make and use articles designed by themselves, which the patentee claims embody his invention, there is no implied contract on the part of the government to pay for the use of the invention; in the absence of such contract, the Court of Claims could not take cognizance of the claim of an inventor for infringement of his patent prior to the passage of the act of June 25, 1910.

While the petitions in this case must be dismissed because the claims are based on an implied contract which has not been proved, the judgment of dismissal should be without prejudice to claimant's right to present his claim for infringement of his patent under the Act of June 25, 1910, c. 423, 36 Stat. 851.

49 Ct.Cl.19 affirmed.

The facts, which involve a claim against the United States for infringement of patent rights in connection with postage stamp holders, are stated in the opinion. clubjuris

Page 240 U. S. 538