Section 4886. Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, not known or used by others in this country, before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may upon payment of the fees required by law, and other due proceeding had, obtain a patent therefor.

A patent is void if it is not issued to one who is the original inventor of the patented device or to one who claims under the right of the inventor.11 Where there are rival inventors, the one who first conceives the idea is entitled to a patent if he uses reasonable diligence to perfect the invention and adapt it to use, and in reality does so adapt it, although he may not be the first to reduce the invention to actual use.12

The only patentable inventions are those belonging to the classes stated in the statute.13 It is not the object of the patent laws to grant a monoply for every trifling device which would naturally and spontaneously occur to any skilled mechanic.14

The product and the process constitute one discovery.15

Invention is any new arrangement or combination of old or new material producing a new and useful result.16 It is the work of the head as distinguished from the work of the hands.17

11Allen vs. Gilman, 2 Pat. of Laz., 293; Hartshorn vs. Saginaw Barrel Co., 119 U. S., 664.

12 Whitney vs. Emmett, Baldw. (U. S.), 303.

13 Millingan, etc., Glue Co. vs.

Upton, I. B. & A. Pat. Cas.,

497, 17 Fed. Cas., No. 9 607. 14 Slawson vs. Grad., St. R. Co.,

107 U. S., 649. 15 Mosler Safe, etc., Co., 127 U. S.,

354.

An invention to be patentable must have utility.18 By a useful invention is meant one which may be applied to some beneficial use to society; an invention whose use would be mischievous or injurious to morals cannot be patented.19

An invention must also be novel20 and not have been in public use.21 As a general rule a single unrestricted sale by the patentee of his patented device embodying his completed invention, is a public use or sale within this section.22

Abandonment is the dedication or relinquishment to the public by the inventor of his exclusive rights to the invention.23