IMPROVEMENT. An amelioration in the condition of real or personal property effected by the expenditure of labor or money for the purpose of rendering it useful for other purposes than those for which it was origin ally used, or more useful for the same pur poses.
As between the rightful owner of lands and an occupant who in good faith has put on improvements, the land with its improve ments belongs to the rightful owner of the land, without compensation for the increased value at common law, 8 Wheat. 1; 1 Dan. Ky. 48] ; 3 Ohio St. 463 ; 4 McLean, C. C.. 489 ; 5 Johns. N. Y. 272 ; 2 Paine, C. C. 74 ; though the rule is otherwise in equity, 3 Atk. Ch. 134 ; 3 Sneed, Tenn. 228 ; 1 Yerg. Tenn. 360 ; 24 Vt. 560 ; 2 Johns. Cas. N. Y. 441, and by statute in some of the states, 12 Mass. 314 ; 10 Cush. Mass. 451 ; 2 N. H. 115 ; 4 Vt. 37 ; 20 id. 614 ; 13 Ala. N. s. 31; 9 Me. 62 ; 13 Ohio, 308 ; 9 Ill. 87 ; 9 Ga. 133 ; 12 B. Monr. Ky. 195 ; 16 La. 423 ; 3 Cal. 69 ; 1
Zabr. N. J. 248; and their value may be off set to an action for mesne profits at common law. 2 Wash. C. C. 165 ; 4 Cow. N. Y. 168 ; 4 Dev. No. C. 95 ; 6 Humphr. Tenn. 324 ; 1 Story, C. C. 478 ; 2 Greene, Iowa, 151 ; 3 Iowa, 63.
In Patent Law. An addition of some useful thing to a machine, manufacture, or composition of matter.
The patent law of July 4, 1836, authorizes the granting of a patent for any new and useful im provement on any art, machine, manufacture, or composition of matter. Sec. 6. It is often very difficult to say what is a new and useful improve ment, the cases often approaching very near to each other. In the present improved state of machi nery it is almost impracticable not to employ the same elements of motion, and, in some particulars, the same manner of operation, to produce any new effect. 1 Gall. C. C. 478 ; 2 id. 51. See 4 Barnew.
Ald. 540; 2 Kent, Comm. 370.