Dufree on Inventions
According to Justice Dufree:
“An invention exists most importantly as a tangible structure or a series of drawings. A verbal portrayal is usually an afterthought written to satisfy the requirements of patent law. This conversion of machine to words allows for unintended idea gaps which cannot be satisfactorily filled. Often the invention is novel and words do not exist to describe it. The dictionary does not always keep abreast of the inventor. It cannot. Things are not made for the sake of words, but words for things. To overcome this lag, patent law allows the inventor to be his own lexicographer.” Autogiro Co. of America v. U.S., 384 F.2d 391, (1967).
Couldn’t have said it better myself.
Related posts:
- Easterbrook on Patent Damages Lost-profits damages are designed to give the patent holder the...