Legal Question in Intellectual Property in Illinois
My greeat grandfather invdented he first movable rutter that the Wright bros. used in their first airplane. I am going to include the pattent number with this question. From what i hear, Paul Butusov broke his leg and after that the wright brothers went on to claim the invention and fame. I was wondering if there was a legal issue here.
His name is
William Paul Butusove
movable rutter
606,187, dated June 28, 1898; US Patent Office.
can you give me a call if theres any merit to my question
Kenneth butusov
773-280-3790
1008 w 48th street
Chicago Il
60609
2 Answers from Attorneys
Your great-grandfather's patent, and all rights and liabilities associated with it, has long since expired. His heirs have no claim on any of the rights associated with a patent issued in 1898. That your ancestor had a patent and that the Wrights used it in their plane in 1907 (with or without a license to do so) is long since a moot question under the statute of limitations in effect in 1907 for patent infringement and under the common-law doctrine of laches.
Sorry...you have no case, but it was a nice try!!
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Ditto. Patents back then lasted 14 years, more recently 17 years from issuance, and currently 20 years from filing, subject to payment of maintenance fees of increasingly large amounts. The Butusov patent expired about 100 years ago. The Statute of Limitations for patent infringement damages is 6 years, so that also expired more than 100 years ago. The only legal issue I see is one of legal history, and perhaps of an article or story that could be sold if entertainingly written. So, put it back to rest as water long ago run over the dam.