Academic commentary about patent law, i.p. law, creativity, and more

March 26, 2007

A nonobviousness gem

posted by Joe at 11:23 am

Happened to come across this a moment ago …

Indeed, it often requires as acute a perception of the relations between cause and effect, and as much of the peculiar intuitive genius which is a characteristic of great inventors, to grasp the idea that a device used in one art may be made available in another, as would be necessary to create the device de novo. And this is not the less true if, after the thing has been done, it appears to the ordinary mind so simple as to excite wonder that it was not thought of before. The apparent simplicity of a new device often leads an inexperienced person to think that it would have occurred to any one familiar with the subject; but the decisive answer is that, with dozens and perhaps hundreds of others laboring in the same field, it had never occurred to any one before. The practiced eye of an ordinary mechanic may be safely trusted to see what ought to be apparent to every one.

C & A Potts & Co. v. Creager, 155 U.S. 597, 607-08 (1895).


No Comments »

No comments yet.

Comments RSS Feed | TrackBack URL

Leave a comment