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OCR transcription for search; preserved printed pages are authoritative

# Section 3. PATENTABLE SUBJECT MATTER

## 3-1 Kinds of Invention That Are Patentable

-2
Art
-3
Machine

-4
Manufacture

-5
Composition of Matter

-6
Improvement

-7
Plant

-8
Design

-9
Requisites

Novelty

-10

Utility

-11
Invention

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## 3. PATENTABLE SUBJECT MATTER

### 3-1. Kinds of Invention That Are Patentable

To be patentable, the invention must be an art,
machine, manufacture, or composition of matter, or an
improvement thereof, or an asexually reproduced distinct
and new variety of plant other than tuberpropagated, or a
design for an article of manufacture. Compare 10-8-2.

### 3-2 Art

"An art, process or method is a mode of treatment of
certain materials to produce a given result. It is an act,
or a series of acts, performed upon the subject-matter to
be transformed and reduced to a different state or thing."
Cochrane v. Deener, 1877 C.D. 242; 11 O.G. 687. A method
which produces an intangible result, such as transmitting
speech by a telephone comes within this definition also.

3-3.
Machine

A machine is any device consisting of two or more
resistant, relatively constrained parts, which, by a certain
predetermined intermotion, may serve to transmit and modify
force and motion so as to produce some given effect or to do
some desired kind of work.

3-4.
Manufacture

A manufacture or an article manufacture is anything
made from raw materials by the hand, by machinery, or by
art.

3-5.
Composition of Matter

"A patentable compound or composition of matter is
one which is produced by the intermixture of two or more
specific ingredients, and possesses properties pertaining
to none of those ingredients separately, thereby accomplish-
ing a new and useful result. " Lane v. Levi, 1903 C.D. 601;
104 0.0 1898.

3-6
Improvement

Improvement patents may be obtained in any one of the
statutory classes (art, machine, manufacture, and composition
of matter).

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## 3-7. Plant

A plant to be patentable must be an asexually repro-
duced distinct and new variety, other than a tuberpropagated
plant. See 18-1.

3-8.

### Design

A design to be patentable must be based upon the
appearance of an article of manufacture which is now, orig-
inal and ornamental. See 17.

### Some Requisites for Obtaining A Patent

3-9.
Novelty

The first requisite for obtaining a patent is that the
applicant must be able to swear (or affirm) that he verily
believes himself to be the original and first inventor of the
improvement described and claimed. But regardless of the fact
that, as far as applicant knew, he was the first inventor he
will be refused a patent if the Patent Office has evidence that
the subject matter claimed was "known or used by others in this
country before his invention or discovery thereof" or "patented
or described in any printed publications in this or any foreign
country, before his invention or discovery thereof."

3-10.
Utility

To be useful, a device must be capable of construction
and must be operative. An art must be capable of being carried
out. The fact thit a better or less expensive device or art
exists for accomp: 'shing the same objective as the device or
art applied for, do 's not bar the grant of a patent provided
the device or art applied for patentably is different.

3-11 .
Invention

"It is not enough that a thing shall be new, in the sense
that in the shape or form in which it is produced, it shall not
have been before known, and that it shall be useful, but it must,
under the Constitution and the statute, amount to an invention
or discovery." Thompson v. Boisselier, 114 U.S. 1.