Test for Determining Invention: Hearings ... on H.R. 4798 ... June 15 and 22, 19491949 - 72 pages |
Common terms and phrases
accomplished advancement amendment American Patent ANGIER L application Automatic Devices Corp BERNHARDT BRYSON CERSTVIK Chairman commercial success committee Congress Constitution contribution Cooper creative genius Cuno Engineering Corp decisions define invention determined objectively determining invention doctrinal trend flash of creative flash of genius Funk Brothers gentlemen GOODWIN HACKLEY Halliburton Hartford-Empire Co improvement thereof including discoveries due infringement invention or discovery inventor involved Judge Lenroot judicial June 29 Jungersen language LANHAM last sentence legislation lower courts mental process merely the skill monopoly National Patent Planning nature NEAVE novelty number of patents patent invalid patent is granted Patent Law Association Patent Office patent system Patentability of inventions patentable invention patentable subject matter Pitot tube present bill prior art problem question of patentable standard of invention statement STEDMAN subcommittee suggested Supreme Court TACKETT test for determining test of invention test of patentability thing Thomas Edison tion Tri-Ergon United United Aircraft Corp validity WILLIS
Popular passages
Page 33 - It is never the object of those laws to grant a monopoly for every trifling device, every shadow of a shade of an idea which would naturally and spontaneously occur to any skilled mechanic or operator in the ordinary progress of manufactures.
Page 29 - That is to say, the new device, however useful it may be, must reveal the flash of creative genius, not merely the skill of the calling.
Page 3 - Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvements thereof, not known or used by others in this country, before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country...
Page 67 - ... unless more ingenuity and skill in applying the old method of fastening the shank and the knob were required in the application of it to the clay or porcelain knob than were possessed by an ordinary mechanic acquainted with the business, there was an absence of that degree of skill and ingenuity which constitute essential elements of every invention. In other words, the improvement is the work of the skilful mechanic, not that of the inventor.
Page 52 - Office passion for granting patents is an equally strong passion in this Court for striking them down so that the only patent that is valid is one which this Court has not been able to get its hands on.
Page 67 - Office to any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter...
Page 45 - The most serious weakness in the present patent system is the lack of a uniform test or standard for determining whether the particular contribution of an inventor merits the award of the patent grant. The patent statute itself is quite specific.
Page 34 - It creates a class of speculative schemers who make it their business to watch the advancing wave of improvement, and gather its foam in the form of patented monopolies, which enable them to lay a heavy tax upon the industry of the country, without contributing anything to the real advancement of the arts. It embarrasses the honest pursuit of business with fears and apprehensions of concealed liens and unknown liabilities to lawsuits and vexatious accountings for profits made in good faith.
Page 32 - A long line of cases has held it to be an essential requirement for the validity of a patent that the subject-matter display "invention," "more ingenuity * * * than the work of a mechanic skilled in the art.
Page 58 - He had been eight years upon a project for extracting sun-beams out of cucumbers, which were to be put into vials hermetically sealed, and let out to warm the air in raw inclement summers.