Transactions of the Institute of Patent Agents

Transactions of the Institute of Patent Agents

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...scientific evidence. I thus submit my opinion on the above points for what it may be worth, and I leave the matter in your hands for discussion. Discussion On Mr. Spence's Paper. Mr. Daniel. Mr. Daniel said the earlier part of Mr. Spence's paper contained a great deal of matter very eloquently expressed, with which no one could fail to agree. But the latter part of the paper did afford materials for discussion, and a point seemed to arise from the reference that had been made to the case of Betts v. Menzies. He understood Mr. Spence to say that, while a certain principle was put forward in that case, he yet did not understand it to be the law. Whether it was the law or not he (Mr. Daniel) could not authoritatively say, but he always had believed that it was, and he had never been able to find any case that controverted that opinion. The point was, that where it was shown that something had been invented, and had since then been absolutely forgotten, and that some one else had re-invented the thing, and therefore introduced the manufacture into the world, that was a patentable invention; and it seemed to him that the reasoning which was so accurately and so neatly expressed by Mr. Spence showed such a proposition to be the law. If a new manufacture was introduced into the world, there was a patentable invention. Was not this condition fulfilled, if a thing which had been forgotten were re-introduced? Of course, if it was not valuable nobody would take it up, and certainly it would not be disputed in a court of law, but the very fact of its being disputed showed that it was valuable, and if re-introduced, surely that was an invention. If a case raising such a point were to be carried to the Court of Appeal, where matters were discussed with deliberation, ..
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Product details

  • Paperback | 64 pages
  • 189 x 246 x 3mm | 132g
  • United States
  • English
  • black & white illustrations
  • 1236754646
  • 9781236754646