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قراءة كتاب The Classification of Patents
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thought respecting the numbers of the means of the useful arts will alleviate any fears that the possibilities of invention are near the limit and will give food for further thought to all concerned with this attempt to classify the useful arts to the point of refinement necessary to enable this office to pass judgment with reasonable speed and accuracy upon the approximately 75,000 applications filed each year.
Division and arrangement in the natural sciences.—Some of the natural sciences are said to be in what is known as the classificatory stage of development. In some sciences the subject of classification has been predominant and these furnish excellent examples of scientific classification.
The much-admired classifications of zoology, botany, and mineralogy are among the best available models of logical division,[8] systematic and analytical arrangement. The most casual consideration of these classifications, however, renders apparent the relative simplicity of the task of classifying natural objects differentiated by fixed natural laws as compared with the task of classifying the products of the creative and imaginative faculties as applied to the useful arts. The chimera and other animal monsters occur only as figments of the mind. Zoological classification does not have to classify combinations of birds, fishes, reptiles, and mammals, norp. 11 does it deal in the way of classification with the parts of animals, nor is the question of absolute numbers of instances a matter of moment to such a classification, all of the members of a species being alike for classification purposes. But any instrument of the useful arts may be combined with some other, any part with some other part. Organizations may be parts of some other organizations, or even mutually parts of each other, as, for example, a pump may be a part of a lubricator, or a lubricator may be a part of a pump. Some parts are peculiar to one instrument, some are common to many. Every member of a species differs from every other member. Added to this, the intellectual differences between the persons who present the applications for patent, the differences in their generalizing powers, the relatively broad and narrow views of two or more persons presenting the same invention (variations not indulged in by nature) complicate the problem of classifying the useful arts.
Difficulty of entitling a subclass corresponding to every combination.—In any main class or group of the useful arts there are always a number of characteristics that it may be desirable to take note of in subdivision titles. A moment's thought shows the impossibility of taking care of any large number of combined characteristics so as to provide exactly for each combination, for the reason that the limitations of space and of the perceptive faculties forbid. For a simple illustration, the imaginary classification of books for use by a bookseller may be recurred to. The dealer, it may be assumed, has books on (1) four different subjects, history, science, art, and fiction, (2) each printed in four languages, English, German, French, Spanish, (3) in four different sizes of page, folio, quarto, octavo, duodecimo, (4) bound in four materials, leather, rawhide, cloth, paper. Here are four main characteristics, each in four varieties. A customer is likely to ask for Ivanhoe in English, octavo, bound in leather. Now if the bookseller had sought to arrange the books into one class according to subject matter, into another according to language, another according to size, another according to binding, he would have fallen into confusion, because his classes would be formed on different principles or bases and overlap. Some histories will be in French, some will have octavo pages, and some cloth bindings. But if he divides first on the basis of subject matter, then each subject matter into language, each language book into sizes, each size into material of binding, he can immediately place his hand on a class wherein the book will be if he has it; but this classification, based on four different characteristics and four varieties of each, has necessitated the formation of 256 classes or divisions, and if five characteristics were provided for, 1,024 divisions would be required.
Adapting the illustration of the books to a patent office classification: If it were possible to view these characteristics as patentablep. 12 in combinations of all or in any combinations less than all, and also as separate characteristics, 16 divisions additional to the 256 for each independent characteristic would have to be provided, as well as other divisions for combinations of less than the whole, in order to make the classification absolutely indicative of every feature, and the number of divisions would be enormous. In such a classification, after the proper division had been located, the search would be nothing, the difficulty would be to find the appropriate class.
Expedients to reduce the number of subdivisions.—Fortunately most people carry on their mental processes in accordance with certain uniformities. Under this uniformity of thought no patentable relationship may be alleged between a quarto volume and the subject of history or between a leather binding and the German language; wherefore 4 classes of coordinate value, based on the 4 characteristics, each divided into 4 subclasses, 16 divisions in all, may serve the purpose of a Patent Office search. But if, as sometimes happens, a patentable relationship had been assumed and admitted between a leather binding and any of the languages, or any of the subjects, or between any two or more of those different characteristics, provision could be made for such combinations by the following expedients:
(1) Arrange the characteristics, in the order of relative significance or importance for the purpose in view, in four groups, giving each group the characteristic title. Under each title arrange the varieties in a similar relation as follows in either (1) or (2):