The Law And Practice Relating to Letters Patent for Inventions With Appendix Co
The Law And Practice Relating to Letters Patent for Inventions With Appendix Co
Thomas Terrell
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It is evident that a person may liave invented a manu- facture whicli, aUhough new to him, may not be new so far as the world is concerned. He may have had all the work and labour of discovering for himself a process which, although not generally known, yet tlie previous knoAvledge of which may amount to prior user. In such a case, inasmuch as the public are considered at law to be in full possession of the invention, it is evident that the a})plicant for letters patent has no consideration to ...offer in return for the grant. The Gth secticjn of the Statute of Monopolies defuies a new inven- tion as "any manner of new manufacture which others at the time of making such letters patent sliall not use. " AYe have seen tliat tlie Act of 1883 has adoj^ted this definition of an invention. We have now to consider tlie legal meaning Avhicli has been placed u2)on the words *' New Manufactures. " A new manufacture does not mean, as it is errone- ously sonu'tinu\s supposed, onl}' a new article of manu- facture, but it also means a new process (U- method of manufacturing sometliiiig n(;w or old ; it does not mean a new ])iiiicii»l(' ol' manufacturing, but it means a new application of ])rlnciples.
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