A Summary of the Law of Patents for Useful Inventions, With Forms
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233 substance which a person of competent knowledge (in this case generally a chemist) knows, from his knowledge of ingredients, will serve the same purpose. Upon this subject a learned judge says : " Where a patent is granted for a composition made of several ingredients, it covers and embraces known equivalents_,of each of the ingre- dients. An equivalent of any substance is another sub- stance having similar properties and producing substan- tially the same effect."^- In comparing "manufactu...res," — that is, generally speaking, two finished products, — it is to be determined whether or not they are identical, by ascertaining if they have similar parts or properties, if they will answer the same end, and if they answer the same end by means of similar properties. If they do, then they are substantially identical ; otherwise not.
In proceeding to determine the question whether a claim of a patent is infringed, regard is to be had not only to actual wording of the claim but also to the state of the art to which the invention under consideration appertains as it existed at the time the patented invention was made ; for although a thing may come within the terins of a claim, yet the prior art may be such that the terms of the claim must be so narrowed by construction that the thing under inquiry may not really be an in- fringement ; for courts pay all possible attention to the question of what constitutes a patentee's real invention as compared with such prior art, and having found in ^Matthews v.
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To quickly assess the difficulty of the text, read a short excerpt:
233 substance which a person of competent knowledge (in this case generally a chemist) knows, from his knowledge of ingredients, will serve the same purpose. Upon this subject a learned judge says : " Where a patent is granted for a composition made of several ingredients, it covers and embraces known equivalents_,of each of the ingre- dients. An equivalent of any substance is another sub- stance having similar properties and producing substan- tially the same effect."^- In comparing "manufactu...res," — that is, generally speaking, two finished products, — it is to be determined whether or not they are identical, by ascertaining if they have similar parts or properties, if they will answer the same end, and if they answer the same end by means of similar properties. If they do, then they are substantially identical ; otherwise not.
In proceeding to determine the question whether a claim of a patent is infringed, regard is to be had not only to actual wording of the claim but also to the state of the art to which the invention under consideration appertains as it existed at the time the patented invention was made ; for although a thing may come within the terins of a claim, yet the prior art may be such that the terms of the claim must be so narrowed by construction that the thing under inquiry may not really be an in- fringement ; for courts pay all possible attention to the question of what constitutes a patentee's real invention as compared with such prior art, and having found in ^Matthews v.
What to read after A Summary of the Law of Patents for Useful Inventions, With Forms?
You can find similar books in the "Read Also" column, or choose other free books by William Edgar Simonds to read onlineMoreLess
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