The Law And Practice Relating to Letters Patent for Inventions With Appendix Co

Cover 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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