American Patent System: Hearings Before the Subcommittee on Patents, Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-fourth Congress, First Session, Pursuant to S. Res. 92. October, 10,11, and 12, 1955 |
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action antitrust backlog believe benefit Bennett Board of Appeals CAPLAN cathode-ray tube chairman claims classification Commissioner Watson committee Congress corporations court of appeals decisions delay disclosure district court DUMONT effect examining corps examining divisions experience fact Federico field filed function gadget give Government grant held invalid idea improved increase independent inventor individual inventor industry interferences investment casting involved Judge Arnold Judge HAND JUNGERSEN litigation manufacturer matter ment monopoly number of patents Patent Appeals patent applications patent attorney patent examiners patent law patent lawyer Patent Office patent system patentable subject matter patents issued percent period practice present prior art problem production protection question result section 103 Senator O'MAHONEY staff standard of invention statement statute suggestion Supreme Court technical thing THURMAN ARNOLD tion trademark Trademark Examining United States Code United States patent valid and infringed
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Page 237 - A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Page 287 - The patent statutes provide for a specification separate from the patent claims, and require that the claims particularly point out and distinctly claim the subject matter which the applicant regards as his invention.
Page 264 - An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof...
Page 241 - ... things but are to look at the machines or their several devices or elements in the light of what they do. or what office or function they perform, and how they perform it, and to find that one thing is substantially the same as another, if it performs substantially the same function in substantially the same way to obtain the same result, always bearing in mind that devices in a patented machine are different in the sense of the patent law when they perform different functions or in a different...
Page 241 - The mere aggregation of a number of old parts or elements which, in the aggregation, perform or produce no new or different function or operation than that theretofore performed or produced by them, is not patentable inevntion.
Page 261 - The court may receive expert testimony as an aid to the determination of damages or of what royalty would be reasonable under the circumstances.
Page 239 - Office passion for granting patents is an equally strong passion in this Court for striking them down so that the only patent that is valid is one which this Court has not been able to get its hands on.
Page 270 - Every patent is the grant of a privilege of exacting tolls from the public. The Framers plainly did not want those monopolies freely granted. The invention, to justify a patent, had to serve the ends of science — to push back the frontiers of chemistry, physics, and the like ; to make a distinctive contribution to scientific knowledge.
Page 184 - Appeals, have remedy by civil action against the Commissioner in the United States District Court for the District of Columbia if commenced within such time after such decision, not less than sixty days, as the Commissioner appoints.
Page 143 - To provide means for the advancement and extension of technical and scientific Investigation, research, and experimentation by contributing the net earnings of the corporation, over and above such sum or sums as may be reserved or retained and held as an endowment fund or working capital...