PATRICK HENRY FRANK and WILLIAM HENRY GOHN, plaintiffs-

appellants, vs. G. KOSUYAMA, defendant-appellee.

G.R. No. L-38010 | December 21, 1933

FACTS:

The suit brought by the plaintiffs originated from Patent No. 1519579
on improvement in hemp stripping machines, issued by the United States
Patent Office on December 16,1924, and registered in the Bureau of
Commerce and Industry of the Philippine Islands on March 17,1925.

The action is based upon the alleged infringement by the defendant of

the rights and privileges acquired by the plaintiffs over the patent through
the manufacture and sale by the former of machines similar to that covered
by the aforesaid patent.

RTC dismissed the complaint on the ground that the hemp stripping
machine of the plaintiffs does not constitute an invention since it lacks the
elements of novelty, originality and precedence. Nevertheless, RTC did not
annul the patent of the plaintiffs in view of the nature of the action brought
by the plaintiffs and in the absence of a cross-complaint to that effect.

Plaintiffs appealed to RTC’s decision.

ISSUE: Whether or not the hemp stripping machine of plaintiffs constitute

an invention.

RULING:

No. The Supreme Court agreed with the trial court that the hemp
stripping machine of the plaintiffs does not constitute an invention on the
ground that it lacks the elements of novelty, originality and precedence. In
fact, before the plaintiffs obtained their patent, they themselves had already
publicly used the same kind of machine for some months and various other
machines, having in general, the same characteristics and important parts
as that of the said plaintiffs, which were known in the Province of Davao.