Abstract
THE United States Supreme Court has recently sanctioned a doctrine of patent law which, it is thought, will vitally affect the chemical industry and the future of industrial research in America. In the case of the Cuno Engineering Corp. vs. the Automatic Devices Corp., U. S., 62 Supreme Court 37; 51 United States Patents Quarterly 272 (1941), the court held that the test of patentability is whether a flash of creative genius is revealed by the alleged invention. The high court proclaimed that, unless a strict application of this test reveals the presence of such a flash, a patent is invalid for want of invention. The matter is deemed sufficiently important to the chemical profession to warrant a note on certain aspects of the situation even though others (2, 3) have already delineated the significance of this principle of law. The hope is expressed that the chemists of the Nation will clearly see the situation ...
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