Downloaded by 69.14.188.142 on May 24, 2018 | https://pubs.acs.org Publication Date: January 1, 1964 | doi: 10.1021/ba-1964-0046.pr001
PREFACE By coincidence, during the week of September 9-13, 1963, at the 145th Meeting of the American Chemical Society in New York City two symposia on patents were scheduled and held. We, as the organizers, were unaware of each other's efforts, and so it was a very satisfying piece of good fortune that the topics selected for the two symposia were such that they were complementary, rather than overlapping. The Monday symposium, chaired by Edmund A . Godula and pre sented before the Division of Industrial and Engineering Chemistry, covered the broad range of problems involved in getting a patent, with out too much specific concern as to the nature of the invention, these problems being generally concerned with the nature of invention, owner ship, signatory formalities during prosecution, inventorship, and priority. By contrast, the Friday symposium, chaired by Elmer J . Lawson, and presented before the Division of Chemical Literature, opened with a general discussion of the requirements for patentability, i.e., novelty, utility and unobviousness, then concentrated on specific constantly re curring chemical situations where the subject matter was structurally related to prior art, or involved a "new use," or "natural product," and concluded with a discussion of how patent protection possibilities on chemicals and medicinals vary in different countries. Collecting these symposium papers in this volume offered an op portunity to include also a paper by Sidney G . Berry entitled "Chemical Patents, Their Meaning and Interpretation," as presented before the Columbia University School of Library Science "Institute on Patents as a Source of Information" in June 1960. These papers, taken all together, admittedly do not cover the full range of w ays patents concern chemists and others. The use of patents as literature, the drafting of patent claims, detailed procedural aspects of patent prosecution, problems of validity and infringement, the law and tactics of patent and invention licensing—these subjects and many other aspects of patent lore have been slighted or omitted. Such topics, although of obvious importance, are of greater interest to specialists. It is hoped this volume will give a fair, if non-specialist, concept of "chem ical patent law" to research chemists and managers, and to them—the sources of most chemical inventions—this volume is dedicated. r
E D M U N D A . GODULA
ELMER J.
Parker and Carter Chicago, Illinois
Sterling-Winthrop Research Institute Rensselaer, New York
LAWSON
ν Lawson and Godula; Patents for Chemical Inventions Advances in Chemistry; American Chemical Society: Washington, DC, 1964.
Downloaded by 69.14.188.142 on May 24, 2018 | https://pubs.acs.org Publication Date: January 1, 1964 | doi: 10.1021/ba-1964-0046.pr001
PREFACE By coincidence, during the week of September 9-13, 1963, at the 145th Meeting of the American Chemical Society in New York City two symposia on patents were scheduled and held. We, as the organizers, were unaware of each other's efforts, and so it was a very satisfying piece of good fortune that the topics selected for the two symposia were such that they were complementary, rather than overlapping. The Monday symposium, chaired by Edmund A . Godula and pre sented before the Division of Industrial and Engineering Chemistry, covered the broad range of problems involved in getting a patent, with out too much specific concern as to the nature of the invention, these problems being generally concerned with the nature of invention, owner ship, signatory formalities during prosecution, inventorship, and priority. By contrast, the Friday symposium, chaired by Elmer J . Lawson, and presented before the Division of Chemical Literature, opened with a general discussion of the requirements for patentability, i.e., novelty, utility and unobviousness, then concentrated on specific constantly re curring chemical situations where the subject matter was structurally related to prior art, or involved a "new use," or "natural product," and concluded with a discussion of how patent protection possibilities on chemicals and medicinals vary in different countries. Collecting these symposium papers in this volume offered an op portunity to include also a paper by Sidney G . Berry entitled "Chemical Patents, Their Meaning and Interpretation," as presented before the Columbia University School of Library Science "Institute on Patents as a Source of Information" in June 1960. These papers, taken all together, admittedly do not cover the full range of w ays patents concern chemists and others. The use of patents as literature, the drafting of patent claims, detailed procedural aspects of patent prosecution, problems of validity and infringement, the law and tactics of patent and invention licensing—these subjects and many other aspects of patent lore have been slighted or omitted. Such topics, although of obvious importance, are of greater interest to specialists. It is hoped this volume will give a fair, if non-specialist, concept of "chem ical patent law" to research chemists and managers, and to them—the sources of most chemical inventions—this volume is dedicated. r
E D M U N D A . GODULA
ELMER J.
Parker and Carter Chicago, Illinois
Sterling-Winthrop Research Institute Rensselaer, New York
LAWSON
ν Lawson and Godula; Patents for Chemical Inventions Advances in Chemistry; American Chemical Society: Washington, DC, 1964.
Downloaded by 69.14.188.142 on May 24, 2018 | https://pubs.acs.org Publication Date: January 1, 1964 | doi: 10.1021/ba-1964-0046.pr001
Legal Abbreviations Used C.C.P.A. = Court of Customs and Patent Appeals or published reports of its decisions, U.S. Government Patent Office, Washington, D . C. C. Ct. = Circuit Court, as "Cir. Ct. 111.," now U.S. District Court for the District of Illinois Cir. = U.S. Court of Appeals, usually with circuit No., as 7th Cir. Ct. App. = Court of Appeals Ct. CI. = Court of Claims Ct. Cust. App. = Court of Customs Appeals (Reports) C D . = Commissioners' Decisions. Decisions made by the U.S. Commissioner of Patents, published annually by the U.S. Government Printing Office, Washington, D . C. D. Ct. =z= U.S. District Court, as " D . Ct. Md." = U.S. District Court of Maryland; or "D.Ct. N.D.I11." = U.S. District Court, Northern District of Illinois. Ex parte == In the interest of Fed. = Federal Reporter, West Publishing Co., St. Paul, Minn. F. 2d = Federal Reporter, 2nd series, West Publishing Co., St. Paul,, Minn. F. Supp. = Federal Supplement, West Publishing Co., St. Paul, Minn. How. = Howard (U.S. 1843-1860) In re = In the matter of J.O.P.S. = Journal of the Patent Office Society, U.S. Patent Office L . Ed. = Lawyer's Edition, U.S. Supreme Court Reports M.P.E.P. = "Manual of Patent Examining Procedure," U.S. Patent Office O.G. = Official Gazette of the US. Patent Office P.O. Bd. App. = U.S. Patent Office Board of Appeals P.O. Bd. Interfer. = U.S. Patent Office Board of Interferences Sup. Ct. = U.S. Supreme Court Supra = above U.S. = Official edition of the decisions of the U.S. Supreme Court U.S.C. = U.S. Code U.S.C.A. = U.S. Code annotated U.S.P.Q. = U.S. Patents Quarterly, Bureau of National Affairs, Washington, D . C. v. = versus yiii Lawson and Godula; Patents for Chemical Inventions Advances in Chemistry; American Chemical Society: Washington, DC, 1964.
