Patents And Chemical Research

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Patents And Chemical Research
Harold Edwin Potts
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If it did involve ingenuity or if it called for more than what has been termed the " expected skill " of the hypo- thetical person familiar with the whole state of the art, the Courts consider it an invention.
In chemical patents I say emphatically that the standard set by the Courts is usually much lower than most chemists imagine. The Courts have realised the difficulty of prevision in chemistry, and have been very slow to hold that a novel step was obvious, no matter how small that step appe
...ared. It has been explained in chapter two that the standard of the Patent Office is still lower. We can now appreciate that the British system is for the Patent Office to consider novelty only and to leave the quantitative study, i. E.
VALIDITY OF PATENTS 125 subject-matter, for the determination of the Courts. The decision on subject-matter sometimes depends largely on the success of the invention. If the small change produces very important or unexpected results, this is a powerful argument in favour of subject-matter.


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