The "State of the Art" In Patent Cases (Classic Reprint)

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Excerpt from The "State of the Art" In Patent CasesThe patent law, realizing the impossibility of determining the good faith of an inventor in this respect, has taken the position that if the state of the art discloses the device, the new-comer can not claim any title as inventor thereof. The object of the Patent Office is to issue as far as possible one patent for each invention and to avoid the overlapping of inventions or claims in patents issued by the office. Therefore the law broadly assumes the position that an inventor must take notice, as the expression is, of the state of the art, and it results from this that if a patent is inadvertently issued for something which is already embraced iin - the state of the art, ' that patent is liable to be invalidated in case this instance of prior publi cation or rior use. As the case ma be is brou ht forward a ainst it.In other words, it is the state of the art and not the inventor's claim, that is used as a standard of measurement by which to asoer tain the true degree of novelty exhibited by his invention.It will perhaps facilitate our view of this point if we brie¿y describe the process of obtaining a patent for invention in this country. The inventor, having perfected his device in what he considers its most complete and available form, applies for a patent thereon. In doing so he in effect says: I have invented this apparatus or this improve ment upon a pre-existing apparatus and I ask the government to protect me in my rights as an inventor by the grant of a patent.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.