Flash Of Genius
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In
United States patent law Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limit ...
, the flash of genius doctrine was a test for
patentability Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met fo ...
used by the
United States Federal Courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...
for just over a decade, beginning circa 1940.


Origin

The doctrine was formalized by the Supreme Court's opinion in ''Cuno Engineering v. Automatic Devices'' (1941), which held that the inventive act had to come into the mind of an
inventor An invention is a unique or novel device, method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an ...
in a "flash of genius" and not as a result of tinkering: "The new device, however useful it may be, must reveal the ''flash of creative genius'', not merely the skill of the calling. If it fails, it has not established its right to a private grant on the
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
."


Overturned

The test was eventually rejected by
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code. Section 103 was amended to state the new standard of ''non-obviousness'': "Patentability shall not be negated by the manner in which the invention was made." The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
acknowledged this new language in its landmark opinion on obviousness, '' Graham v. John Deere Co.'' (1966), noting that the language in ''Cuno'' establishing the doctrine had never been intended to create a new standard in the first instance.''Id.'' at fn. 7


See also

* Cripps question, a question used to assess inventive step under UK patent law * Epiphany (feeling), an illuminating realization or discovery *
Brainstorming Brainstorming is a creativity technique in which a group of people interact to divergent thinking, suggest ideas spontaneously in response to a prompt. Stress is typically placed on the volume and variety of ideas, including ideas that may seem o ...
* Eureka effect, named from a famous legend that the
ancient Greek Ancient Greek (, ; ) includes the forms of the Greek language used in ancient Greece and the classical antiquity, ancient world from around 1500 BC to 300 BC. It is often roughly divided into the following periods: Mycenaean Greek (), Greek ...
polymath A polymath or polyhistor is an individual whose knowledge spans many different subjects, known to draw on complex bodies of knowledge to solve specific problems. Polymaths often prefer a specific context in which to explain their knowledge, ...
Archimedes Archimedes of Syracuse ( ; ) was an Ancient Greece, Ancient Greek Greek mathematics, mathematician, physicist, engineer, astronomer, and Invention, inventor from the ancient city of Syracuse, Sicily, Syracuse in History of Greek and Hellenis ...
, having found inspiration at a public bath, ran home naked, shouting "eureka" (I have found he solution * Build a better mousetrap, and the world will beat a path to your door


References


Further reading

* {{Aspects of capitalism United States patent law