INVENTION. In Patent Law. 'Tlei act or operation of finding out soniething new ; the contrivance of that which did not before exist. The word is also used to de note the thing itself which has been so con trived and which is the subject-matter of a patent.
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; hut the first contrivance of any machinery by which those discoveries were ap plied to practical use was an invention: the former always existed, though not before known; the lat ter did not previously exist.
2. Patents are sometimes granted for simple discoveries, or, rather, for the sole use of the thing which has been discovered. The discoverer of some substance which can be usefully employed in the arts, as in making a dye, or a paint, or a cement, may obtain a patent therefor. But in almost all cases the subject-matter of a patent is an invention. The discovery of any truth in science cannot, as a general rule, be patented ; but he who reduces those truths to a practically useful shape can obtain a patent for the contrivances by which he produces the results : they are inventions, and it matters not for this pur pose whether these inventions were the re sult of an accident or a blunder, or whether they were wrought out by scientific research and the highest exhibition of inductive rea soning.
3. change in a pre-existing machine or process, and its consequences, taken together and viewed as a sum, are considerable, there must be a sufficiency of invention to support a patent: thus, when the change, however minute, leads to results of great practical utility, this condition is satisfied ; but if the consequence be incon siderable, the change also being inconsider able, and such as would most readily sug gest itself to any one, the condition is not fulfilled, and the invention is not sufficient to support a patent. The change and its con sequences must, therefore, be considered in connection. Webster, Pat. 24, 29.
By the laws pf the United States, a patent can only be allowed to the original and first inventor himself, or to his assignee or ex ecutor, and not to one who imports an inven tion from abroad ; although it is otherwise in England. See PATENTS.
4. Abandonment of invention. The right to a patent may be lost by an abandonment of the invention.
The earlier patent laws of the United States did not permit the granting of a pa ent in any case where the invention had been in public use or on sale, with the con sent and allowance of the inventor, prior to his making an application for such patent, (See especially the act of 1836, 6.) The
use in public by way of trial or experiment was not held to be a "public use" within the meaning of the law ; but a single sale of one of the machines invented, with a design or expectation that it would go into common use, was sufficient to prevent the granting of a patent on any application subsequently made.
But the seventh section of the act of 1839 declared that "no patent shall be held to be invalid by reason of such purchase, sale, or pse prior to the application for the•,patent, as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale, prior use has been for more than two years prior to such application for a patent.' 5. As the law now stands, therefore, the public use of an invention for more than two years prior to thee date of en application for a patent amounts to an inflexible bar to the granting of such patent, and is in substance an abandonment of the invention to the public by operation of law.
But there are many other ways in which an invention may be abandoned even within the two years. This may be done directly and at once, or it may be inferred from cir cumstances. But, in whatever way it is made, if once completed it can never be recalled, and will entirely prevent the granting of a valid patent for that invention forever after wards.
6. Abandonment is a question of inten tion: it is never to be presumed, but must always be proved before it can be regarded as established. But, under certain circum, stances, a public use for a much less period than two years will amount to sufficient proof of that fact. If a person treats his invention as though it belonged to the public, or if he stands silently by while it is so treated by others, by reason whereof the actions of third persons have been influenced in relation to it, be will be estopped from afterwards setting up any exclusive privilege) in that invention. Wherever the conduct of an inventor has been such that it would be a breach of good faith with the public for him to enforce his exclusive privilege, such con duct will generally amount to an abandon ment.
The following are the principal authorities oh the subject: 1 Gall. C. C. 476; 1 Stor. C. C. 278; 3 Sumn. C. C. 514; 1 Pet. C. C. 394; 4 Mae. C. C. 108; 1 Blatchf. C. C. 250; 2 id. 229, 240, 279; 2 Pet. 1; 7 id. 202; 1 How. 202; 6 N. H. 477.
A word used in some ancient English charters to signify treasure trove.