Date of Decision: 20 Jan 1773
Abstract: Roebuck and Garbet, pursuers, claim that they obtained a patent in 1771 for a process that produces sulfuric acid in vessels of lead, instead of in vessels of glass. The patent is alleged to give Roebuck and Garbet the exclusive privilege of using this process in the United Kingdom for fourteen years. Roebuck and Garbet claim that William and Andrew Stirling were constructing buildings in Glasgow for the purpose of using Roebuck and Garbet's patented process. Roebuck and Garbet applied for a bill of suspension, but Lord Hailes found no patent transgression in the construction of the buildings. Roebuck and Garbet have applied for a second bill of suspension, but the court has not prohibited the Stirlings from producing sulfuric acid in vessels of lead while the case is pending. Because their patent only lasts fourteen years, Roebuck and Garbet seek to stop the Stirlings' activity immediately. They argue that the continued activity of the Stirlings causes Roebuck and Garbet material loss and renders their patent ineffective.
Subjects: Patent, Privilege

Published Report

Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 512


Samuel Garbet, Esq., Partner of the Oil of Vitriol Manufactory
Dr. John Roebuck, Partner of the Oil of Vitriol Manufactory
William Stirling
Andrew Stirling, Son of William Stirling

People or Organizations Associated with Case