invention

the new device, however useful it may be, must reveal the flash of creative genius not merely the skill of the calling

In patent law. The act or operation of finding out something new; the contrivance of that which did not before exist. The word is also used to denote the thing itself which has been so contrived, and which is the subject matter of a patent. The test of novelty to determine whether a given contrivance is an "invention" is whether an ordinary mechanic would, without other suggestion than his knowledge of the art, make such a contrivance. If so, it is not an invention. 3 Fish. Pat. Cas. (U. S.) 98; 27 Fed. 219. An invention differs from a "discovery," inasmuch as this latter term is used to signify the finding out of something which existed before. Thus, we speak of the discovery of the properties of steam, or of electricity; but the first contrivance of any machinery by which those discoveries were applied to practical use was an invention; the former always existed, though not before known; the latter did not previously exist.

See Patent.

A finding out; the not before exist; the thing so

In patent law. The act or operation of finding out something new; the process of contriving and producing something not previously known or existing, by the exercise of independent investigation and experiment. Also the article or contriyance or composition so invented, An “invention” differs froma“discovery.” The former term is preperly applicable to the contriy- — ance and production of something that did not before exist; while discovery denotes the bringing into knowledge and use of something which, although it existed, was beforeunknown. Thus, we speak of the “discovery” of the propertias of light, electricity, etc., while the telescope and the elec — tric motor are the results of the process of “inyention.”

a Finding out, by some effort of the understanding; not merely putting two things together, although never done before. 9 The process of thought and experiment by which some new machline, composition, design, impravement or other article or thing is brought into existence; also, the thing itself thus produced. 1 Commonwealth v. Livermore, 4 Gray, 20 (1865). 2 Stewart v. M'Kean, 89 E. L. & Eq. 391 (1855), Alderson, B. s [O'Donnell v. Mclntj're, 16 Abb. N. Cas. 88 (1886). <3B1. Com. 169; 9111.170. 5 L. in ure, in operation, work, use. Preferred to enure. See 2 Bl. Com..347. ' Dickerson v. Colgrove, lOO U. S. B83, 584 (1879). F. inventer, to devise; L. in venire, to come upon, The applicant for a patent must be the first as well as the original inventor; and a subsequent inv Mitor, although an original inventor, is not entitled to a patent, if the invention is perfected and put into actual use by the first and original inventor. Until an invention is perfected and adapted to use, it is not patentable. An invention resting in mere theory, or inintellectual iiotion, or in uncertain experiments, and' not actually reduced to practice and embodied in some distinct machinery, apparatus, manufacture, or composition of matter, is not patentable. The patent law requires a thing to be new aswel Las useful. To be new, it must be the product of original thought or inventive skill, and not a mere formal and mechanical change of what was old and well-known. But the effect produced by change is often an appropriate, though not a controlling, consideration in determining the character of the change itself. Merely turning down and cementing the edges of celluloid collars in the form of a hem is not invention. It is becoming more and more difficult to distinguish between skill and invention. As the standard of skill in mechanics is raised, the standard of invention is also raised.* Useful invention. Such invention as may be applied to some beneficial use in society, in contradistinction to an invention which is injurious to the morals, the health, or the good order of society.' All improvement is not invention; to entitle it to protection it must be the product of some exercise of the inventive faculties, and involve something more than what is obvious to persons skilled in the art.6 The improvement must be distinct from the conception which originated the original article or product. A mere carrying forward or new or more extended application of the original thought, a change only in form, proportion, or degree, the substitution of equivalents, doing substantially the same thing in the same way by substantially the same means with better results, is not such invention as will sustain a patent.' 1 Eeed v. Cutter, 1 Story, 596, 599 (1841), Story, J. 2 The Stanley Works v. Sargent & Co., 8 Blatch. 346 (1871), Shipman, J. See also Smith v. Goodyear Co., 93 U. S. 495 (1876); "Washburn & Moen Manuf. Co. v. Haish, 10 Hiss. 72-75 (1880); Western Electric Light Co. V. Chicago Electric Light Manuf. Co., 11 id. 427 (1883); Gardner v. Herz, 118 U. S. 180 (1886), cases, Blatchford, J.; Pomace Holder Co v. Ferguson, 119 id. 338 (1886), cases. ' Celluloid Manuf. Co."'!). Zylonite Novelty Co., 30 P. R. 617 (1887). * Wilcox V. Bookwalter, 31 P. R. 229 (1887). = Bedford v. Hunt, 1 Mas. 303 (1817), Story, J.; 18 Wis. 442; 13N. H. 318.. "> Pearce v. Mulford, 102 U. S. 118 (1880), Strong,. J. ' Smith V. Nichols, 31 Wall. 119 (1874), Swayne, J. See Inventor. He who originally contrives or devises a new article or thing. Inventors "are a meritorious class generally, and ' favored in law. i Acts intended to determine the value, utility, or success of an invention are liberally construed." But inventoi-s must comply with statutoiy conditions. They cannot, without cause, hold an application pending more than two years. Exact description is requisite: that the government may know what it has granted, and what will become public property when the patent expires; that licensees may know how to use the invention; and that subsequent inventors may know what portion of the field has been occupied.* While an agreement to assign in gross a man's future labors does not address itself favorably to the courts, an inventor may dispose of his invention and bind himself to assign to the purchaser any improvements he may thereafter make; and a pecuniary interest in the sale of the patent does not seem to be necessary to the validity of such a bargain.* See further Okiginalitt; Patent, 2; Telephone Case; Use, 2, Useful. nrVElTTORY.s A list or schedule of articles of property. A list or schedule, or enumeration of the articles of property, setting out the names of the different articles, either singly or in classes. Accounts of the items of property levied upon are called inventories; and insolvents file inventories of assets. more common use is in the administration of the estates of decedents. The representative, at the outset, files an inventory of the assets. This is made by two or more fair-minded persons as sworn appraisers. The representative is then charged with the amount of the inventory. Articles not converted into money, and disbursements, may afterward be allowed as credits. The inventory exhibits to creditors, legatees, and distributees, the nature and amount of the estate. The inventory made by a landlord who distrains for rent should be full enough to inform the tenant of the articles distrained, for which he may have a writ of replevin.

A contrivance; a discovery. It is in this sense this word is used in the patent laws of the United States. ft signifies not some thing which has been found ready made, but which in consequence of art or accident has been formed: for the invention must relate to some new or useful art, machine, manufacture, or composition of matter, or some new and useful improvement on any art, machine, manufacture, or composition of matter not before known or used by others. Act of July 4, 1836, 4 Sharsw. continuation of ‘Story’ s L. U.S. 2506, Vide Patent. _INVENTIONES. This word is used in some ancient English charters to signify treasure-trove..