AS BETWEEN TWO INVENTORS, PRIORITY OF INVENTION WILL BE AWARDED
TO THE ONE WHO BY SATISFYING PROOF CAN SHOW THAT HE FIRST CONCEIVED OF
THE INVENTION. P. 34.
4. COMMERCIAL SUCCESS ACHIEVED BY THE LATER INVENTOR AND PATENTEE
CANNOT SAVE HIS PATENT FROM THE DEFENSE OF ANTICIPATION BY A PRIOR
INVENTOR. P. 35.
This taken from the well known case of
Nikola Tesla and Guglielmo Marconi
where Tesla was eventually awarded the patent
rights for what effective we today know
as "radio".
Marconi lost and Tesla won...
So for the history buffs - lotta people are/was
misled as to whom actually invented "radio transmittion"..
1943
Nine months after Tesla's death, the Supreme Patent Court of the USA decides that Nikola
Tesla must be considered the father of wireless transmission and radio.
Justifying its decision the court notes that in Marconi's related Patent (No. 763772 of 1904) there is nothing new not having been earlier
published and registered by Tesla. The Court considered Marconi's claim that he did not knew of Tesla's patents false.