Under the word 'art' many of the 'processes' now held patentable are classified. A process is a combination of the elements or laws of nature designed to aecomplish a useful result. Mich controversy arises over this class of patents. The word 'machine' includes all contrivances whereby mechanical parts or pieces are arrana:ed to move together for the production of smile useful re sult, and it is under this head that most patents are in the United The word `manufacture' i- construed to mean new. made by the hand of t. an, which is not included in the other terms empl .‘e.1 in t'ie above sem ions. at .1 cover- tahries. furnit•tr4, ch.thing. et.. The tern np5'It115l c f ter' may LW dello,' 1., of tw•., or more clean, ills s ilisian 'es 1,\ 11111.11 or by meehanical an.I includes awl] pr..— u -ts as paints. medieines. ate. Ireqn. nth it is Nery difficult to determine 111..ier 1011,1• above an imention -h. ill prop..r11. ''C but it is held not t., be a essential for an inventor to do so. pro..i.1.-.1 it is pertain t nit his invent n emoes met. r om P or more 14 111.m. The section allow ing patent, for desktis is liberally construed to in. hill, orna mental as well as useful designs.
Besides consisting of Mie of the al.. VI. subjeet• matters, a. thing for which a patent I- must have the three get oral charameri-ties preseribed by the statute, viz.: it must be an invention: it must have novelty, that i-. be ileW; and it must be useful. 'flie determination r a thing presented really ...Institutes an invention is fre quently a III general. it may be said that it i- not invention to device something that is not a practical working de% ice. brit needs more thought or experiment to 4.11111 r it to produce the result: or to eonstruet ..r pro duce something 'which any inv.-hank or reason ably skilled person in the paitienlar lice would produce. upon request, in the exercise of his ordi nary skill : or to put in better material- or workmanship into a known article: or to chanee the size of a thing: or to omit a useless .Ir 'dead' part of a machine or device: or to substitute an equivalent which merely performs the same ..trice as the part taken away. without improvinz the operation of the NI. or to make a new r `double' use of a known article. without itypr. v im.: on it. a- by lit ilizing the principles of an iee cream freezer for the purpose of pr •-erving ti- . \ person who produces a 41,n1billatii ill I i el. or of mechanieal devices. need not be able to explain the scientific reasons for their combination or adjustment in the partieul. r manner or form in s t .11 . in order to be cot sidered the inventor. pro., ided can deseribe the materials and the combination cr constructien so that the sat..e result can i.e accomplished again. •-,-e A distinet and original improvement on an old invention is patentable. but a p, teat on ti, im prmement does not disturb tl c rights of the imentor of 11 e first .11.‘" ie. to it- I.
as it 1% :Is. It is te t neeessary that an ilk, ntor be person ally able to e. mistral. t the .1. vi. e k11 i-11 he It neek ed. if he call di. Lite i is ide is 1.i a skilled mechanic. so t. at Ice Litt. r van readily construct the device Al it hOOt er1.1-4. It hamvii eitt ....Ohl... IiiliveN.•r. the mere CI 11 a result, w itl out h. ing able to sti2e. st a prnetteal ill ails of attaining it, i- lint 1a1\. !I t ion.
rho wor.1 'new' in the st.lt lite is not cult 11e l to its OH 11.1.311111:2". but iuchules anythinz
v. hi a has net 1.4. re 1..41. 111;1.1, lilliolle r 6. n OA en to the world. F. r e‘.111 pie. if A lOrt....1 nos a mod. a hinr t. gether 1t ith an :wit u lion I. r patent ti it. at the Patent lull, he frst entitled to a patent. although another in v. nt..r n 11v lat. r brim. there .1 Illa • i I, 11- ti.‘ally the -ante as the first. and be a he prove that lie had conceived and constructed it long before A. provided the inventor who first eonceived the machine had not used it or made it public in any' way. However. if the thing which is sought to be patented has been lv used in a single instance by other parties, even though that use was not known to the public at large, it is sufficient to defeat a claim for a patent on the device presented. for want of novel ty. although the one presenting it and claiming to be the inventor had never heard of the pre 1, ions use of his alleged invention. But a patent may lie granted for a new method of producing a result theretofore ,womplished in another man ner, as. for instance. if a new machine should be devised for making pins.
The statute also requires that an invention, to be patentable, must be useful. This is perhaps the most Iffierally construed of the three gen eral essentials. and as a result. almost anything which is not injurious to public health or morals can be patented if it contains the other tial chararteristks, and contributes to the com fort, convenience, or pleasure of mankind. Thus, a toy. intended for the amusement of children, may be patented.
A patent twill be issued only to the inventor, except that if he dies before making application. hi- personal representatives are permitted to do so. and that he may sell his rights in his inven tion before obtaining a patent, and in making his application ask that the patent issue to his as signee, which will be done. Joint inventors must have their inventions patented to both jointly. Foreign inventors may obtain patents in the States, with the condition that if their inventions are not known in the United States before they make application, and a citizen of the United States has made the same invention without knowledge that it had previously been produced abroad. the latter• can obtain it patent in preference to the firmer. even though his ap plication be filed subsequently. Where an em ployee makes a new thing under the guidance and direction of his employer. the latter is entitled to the patent, as he is the actual inventor: but if an employee, independently of the suggestions of his employer, conceives and produces something which is patentable. he is entitled to the patent, as his inventive faculties were alone employed; but the employer may by the terms of his con tract with the employee be entitled to an as signment of the patent. Before or after tiling a caveat or application. an inventor may abandon his invention to the public by express acts or words, or by such conduct that an intention to do so may be presumed. Delay in making or completing an application and lxc•k of public ex hibition or use of the invention are considered of abandonment. any acts or words are subject to explanation, and if the in ventor was too poor to defray the expenses of an application, or was unable through temporary insanity, illness. or any other reasonable cause, to make application. the above presumption will be rebutted.