Items related to The law of patents for useful inventions Volume 1
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...Clifford, J.: (251) "Nothing short see Munson v. Mayor of N. Y. (1880), of invention or discovery will support 3 Fed. R,'p. 33S; 18 Blatch. 237; 5 a patent for a manufacture, any more Bann. & A. 486. than for an art, machine, or composition ing a separate and complete idea of means, and derives from this idea its own essential character. If known already to the arts, its production by a new process or by new instruments canuot make it new; nor if unknown is it the less a new invention that the agencies or methods by which it is now evolved are old. As to all the conditions required to render it a patentable invention it must stand or fall alone. of matter, as is clearly illustrated in another case decided in this circuit: Merrill v. Yeomans, 5 Gaz. 267; where the circuit judge says that a patentee who has invented a process in the arts, whereby an article of manufacture is produced, new in kind and not before known, may separately claim and patent both the art and the manufacture, if both are new and useful in the sense of the patent law; and it is doubtless true, if the thing be new in and of itself, it is patentable as a new manufacture, and that the patent would be infringed by the unlicensed construction or use of the product, though produced by other means than those described in the specifications of the patent. Inventions of the kind are rare, as it much more frequently happens that the process is inseparable from the product, so that the patentee cannot claim the product if produced by hand tools, or by other means substantially different from those employed by the inventor or discoverer. Patentees in the former case may claim the new product without qualification, but in the latter, they should claim the product only when made by the descr...
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- PublisherRareBooksClub.com
- Publication date2012
- ISBN 10 1236412079
- ISBN 13 9781236412072
- BindingPaperback
- Number of pages298
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