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What is invention?

April 26, 2017invention

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What is invention?

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• Congress has made no attempt, either under older law or in 1952 Patent Act (35 USCS 1 et seq.) to define “invention”; instead, courts, aided only by case law, have had to determine what constitutes invention. United Mattress Machinery Co. v Handy Button Machine Co. (1953, CA 3 Del) [101, n 116] ** • It is “evolution” where expectable follows from what is already known; “invention” is antithesis of evolution and necessarily connotes achievement of unexpectable. International Carrier-Call and Television Corp. v Radio Corp. of America (1942, SD NY) [101, n 116] ** • Invention consists in discovering how natural laws may be utilized or applied for some beneficial purpose by process, device, or machine which in tangible form demonstrates truth of concept. United States v Dubilier Condenser Corp. (1933) [101, n 116] ** • Where means and methods are novel and result practical there is invention. United States v De Forest Radio Tel. and Tel. Co. (1927, DC Del) [101, n 120]** • Any achievemen