Scientific American Supplement, No. 1178, June 25, 1898 by Various
page 72 of 120 (60%)
page 72 of 120 (60%)
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combinations involving only essential elements. Sometimes the inventor
will help him in this matter, but quite as often he will, through ignorance, hinder him and combat him. The invention having been carefully analyzed and reduced to its prime factors, and the claim having been provided to comprise a combination involving no element which is not essential to a realization of the invention, a new and more important question arises. The elements have been recited in terms fitted to the example of the invention thus far developed. The combination is broadly stated, but the terms of the elements are limiting. Cannot some ingenious infringer realize the invention by a similar combination escaping the literalism of the terms of the elements? It is at this stage that the claim must be carefully studied. The inventor, or some one for him, must assume the position of a pirate, and set his wits to work to contrive an organization realizing the invention but escaping the terms of the proposed claim. When such an escaping device is schemed out, then the defect in the claim is developed and the claim must be redrawn. In this way every possible escape must be studied so as to secure to the inventor adequate protection for his invention. Solicitors find it difficult to get inventors to do or consider this matter properly, inventors being too often inclined to disparage alternative constructions, the matter being largely one of sentiment founded on the love of offspring. The wise inventor will recognize the fact that the patent which he proposes to get is the deed to valuable property; that the object of the deed is not to permit him to enter upon the property, for he can do that without the deed, but that it is to keep strangers from entering upon the property; that he desires to enjoy his invention without unauthorized competition; that when the property begins to yield profit it will invite competition; that competitors may make |
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