Patents Trademarks And Copyrights

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Such prior attempts are classed as abandoned experiments, and the fact that they did not re- sult in any use of the invention is usually suffi- cient to raise a presumption that they were un- successful.
[38 Utility. This is a question not raised by the Patent Office as often as it should be and, in fact, it is only raised in extreme cases. A thing must, however, be useful to be patentable. The most common class of patents that are void for lack of utility are those in which the disclosure is n
...ot sufficient to produce a useful result. Such a patent may be absolutely inoperative, or it may be inoperative to produce the result sought. Even where, by adding well known parts, the device may be made to operate properly, the patent is invalid if there is nothing to indicate in the patent how this is to be accomplished. The rule has been stated as follows : "The pat- ent is void if the machine will not answer the purpose for which it was intended, without some addition, adjustment or alteration which the mechanic who is to construct it must intro- duce of his own invention, and which had not been invented or discovered by the patentee at the time his patent was issued.

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