G.R. No. 38010 , December 21, 1933
PATRICK HENRY FRANK and WILLIAM HENRY GOHN, plaintiffs-appellants, vs. G. KOSUYAMA, defendant-appellee.

FACTS

Plaintiffs-appellants, owners of Patent No. 1519579 for an “improvement in hemp stripping machines” registered in the Philippines, filed an action for infringement against defendant-appellee. They sought to enjoin him from manufacturing and selling similar machines, and to account for profits. The trial court dismissed the complaint, finding no infringement. Plaintiffs appealed, while defendant did not appeal but argued the patent should be declared null.

ISSUE

Whether the defendant is liable for infringing the plaintiffs’ patent for an improved hemp stripping machine.

RULING

No. The Supreme Court affirmed the trial court’s dismissal. The patent was for an improvement, not a pioneer invention. The evidence showed the machine’s components, including the “spindle” initially claimed as essential, lacked novelty and were already known and used in Davao prior to the patent application (e.g., in Molo, Riesgo, Crumb, Icsiar, Browne, and McFie machines). The plaintiffs had even omitted the “spindle” from their final patent application. Since the patented features were not new, the defendant’s manufacture and sale of similar machines did not constitute infringement. The Court declined to annul the patent, as that issue was not properly raised by cross-complaint, but held the defendant not civilly liable.

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