An Application of Mathematics to Law

Abstract

I HAVE attempted to apply mathematical symbolism to some of the difficult problems of patent law. The question to be decided by the Court in a patent law suit is usually this: assuming that the alleged invention deals with “a manner of manufacture” (i.e. is, or yields, something concrete), was there ingenuity and utility in the step from what was already known? Ingenuity means inventive or creative ingenuity as apart from the normal dexterity of the craftsman, which of itself is insufficient to support a patent, as otherwise patents would unduly hamper industry. It will be seen at once that it is a most subtle question for any court to determine whether a given act, the selection of one out of many alternatives, the assemblage of various old elements, the adaptation of old elements to new uses—whether such an act is one which calls for ingenuity as apart from the expected skill of the craftsman.