Scientific American Supplement, No. 1178, June 25, 1898Various
History
Scientific American Supplement, No. 1178, June 25, 1898
Various
Science -- Periodicals
A given machine capable of a given ultimate result having been
invented, a claim may be drawn to cover the combination of elements
comprised in the machine. Such claim will cover the machine as a
whole. But, the fact being recognized that many machines are, after
all, composed of a series of sub-machines, and that these
sub-machines, in turn, are composed of certain combinations of
elements, and that within these sub-machines there are still minor
combinations of elements capable of producing useful mechanical
results, and that the sub-machines, or some of the subordinate
combinations of elements within the sub-machines, might be capable of
utilization in other situations than that comprehended by the main
machine, it becomes important that the inventor be protected regarding
the sub-machines and the minor useful combinations. Claims may be
drawn for the combination constituting the main machine, other claims
may be drawn for the combinations constituting the operative
sub-machines, and claims may be drawn covering the minor useful
combinations of elements found within the sub-machines. Each claimed
combination must be operative. But secondary claims cannot be made for
sub-machines or sub-combinations which are for divisional matter or
matter which should be made the subject of separate patents.
MECHANICAL EQUIVALENTS.
Where an inventor produces a new mechanical device for the production
of a certain result, he can often see in advance that various
modifications of it can be made to bring about the same result, and
even if he does not see it he may in the future find competitors
getting at the result by a different construction. He analyzes the
competing structure, and determines that "it is the same thing only
different," and wonders what the legal doctrine of mechanical
equivalents means, and asks if he is not entitled to the benefits of
that doctrine, so that his patent may dominate the competing machine.
Public-domain text, read in full here on John Shaqi.
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