Flash Of Genius
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Flash Of Genius
In United States patent law, the flash of genius doctrine was a test for patentability used by the United States Federal Courts 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 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." Overturned The test was eventually rejected by Congress 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 negatived by the manner in which the invention was made." The United States Supreme Court ackn ...
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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 involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Archimedes
Archimedes of Syracuse (;; ) was a Greek mathematician, physicist, engineer, astronomer, and inventor from the ancient city of Syracuse in Sicily. Although few details of his life are known, he is regarded as one of the leading scientists in classical antiquity. Considered the greatest mathematician of ancient history, and one of the greatest of all time,* * * * * * * * * * Archimedes anticipated modern calculus and analysis by applying the concept of the infinitely small and the method of exhaustion to derive and rigorously prove a range of geometrical theorems. These include the area of a circle, the surface area and volume of a sphere, the area of an ellipse, the area under a parabola, the volume of a segment of a paraboloid of revolution, the volume of a segment of a hyperboloid of revolution, and the area of a spiral. Heath, Thomas L. 1897. ''Works of Archimedes''. Archimedes' other mathematical achievements include deriving an approximation of pi, defining and in ...
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Polymath
A polymath ( el, πολυμαθής, , "having learned much"; la, homo universalis, "universal human") is an individual whose knowledge spans a substantial number of subjects, known to draw on complex bodies of knowledge to solve specific problems. In Western Europe, the first work to use the term polymathy in its title () was published in 1603 by Johann von Wowern, a Hamburg philosopher. Von Wowern defined polymathy as "knowledge of various matters, drawn from all kinds of studies ... ranging freely through all the fields of the disciplines, as far as the human mind, with unwearied industry, is able to pursue them". Von Wowern lists erudition, literature, philology, philomathy, and polyhistory as synonyms. The earliest recorded use of the term in the English language is from 1624, in the second edition of ''The Anatomy of Melancholy'' by Robert Burton; the form ''polymathist'' is slightly older, first appearing in the ''Diatribae upon the first part of the late History ...
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Ancient Greece
Ancient Greece ( el, Ἑλλάς, Hellás) was a northeastern Mediterranean civilization, existing from the Greek Dark Ages of the 12th–9th centuries BC to the end of classical antiquity ( AD 600), that comprised a loose collection of culturally and linguistically related city-states and other territories. Most of these regions were officially unified only once, for 13 years, under Alexander the Great's empire from 336 to 323 BC (though this excludes a number of Greek city-states free from Alexander's jurisdiction in the western Mediterranean, around the Black Sea, Cyprus, and Cyrenaica). In Western history, the era of classical antiquity was immediately followed by the Early Middle Ages and the Byzantine period. Roughly three centuries after the Late Bronze Age collapse of Mycenaean Greece, Greek urban poleis began to form in the 8th century BC, ushering in the Archaic period and the colonization of the Mediterranean Basin. This was followed by the age of Classical G ...
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Eureka Effect
The eureka effect (also known as the Aha! moment or eureka moment) refers to the common human experience of suddenly understanding a previously incomprehensible problem or concept. Some research describes the Aha! effect (also known as insight or epiphany) as a memory advantage, but conflicting results exist as to where exactly it occurs in the brain, and it is difficult to predict under what circumstances one can predict an Aha! moment. Insight is a psychological term that attempts to describe the process in problem solving when a previously unsolvable puzzle becomes suddenly clear and obvious. Often this transition from not understanding to spontaneous comprehension is accompanied by an exclamation of joy or satisfaction, an Aha! moment. A person utilizing insight to solve a problem is able to give accurate, discrete, all-or-nothing type responses, whereas individuals not using the insight process are more likely to produce partial, incomplete responses. A recent theoretical acc ...
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Brainstorming
Brainstorming is a group creativity technique by which efforts are made to find a conclusion for a specific problem by gathering a list of ideas spontaneously contributed by its members. In other words, brainstorming is a situation where a group of people meet to generate new ideas and solutions around a specific domain of interest by removing inhibitions. People are able to think more freely and they suggest as many spontaneous new ideas as possible. All the ideas are noted down without criticism and after the brainstorming session the ideas are evaluated. The term was popularized by Alex Faickney Osborn in the classic work ''Applied Imagination'' (1953). History In 1939, advertising executive Alex F. Osborn began developing methods for creative problem-solving. He was frustrated by employees' inability to develop creative ideas individually for ad campaigns. In response, he began hosting group-thinking sessions and discovered a significant improvement in the quality and quan ...
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Epiphany (feeling)
An epiphany (from the ancient Greek ἐπιφάνεια, ''epiphanea'', "manifestation, striking appearance") is an experience of a sudden and striking realization. Generally the term is used to describe a scientific breakthrough or a religious or philosophical discovery, but it can apply in any situation in which an enlightening realization allows a problem or situation to be understood from a new and deeper perspective. Epiphanies are studied by psychologists and other scholars, particularly those attempting to study the process of innovation. Epiphanies are relatively rare occurrences and generally follow a process of significant thought about a problem. Often they are triggered by a new and key piece of information, but importantly, a depth of prior knowledge is required to allow the leap of understanding. Famous epiphanies include Archimedes's discovery of a method to determine the volume of an irregular object ("Eureka (word), Eureka!") and Isaac Newton's realization that a ...
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Cripps Question
In patent law, the Cripps question is: :"Was it for all practical purpose obvious to any skilled chemist in the state of chemical knowledge existing at the date of the patent which consists of the chemical literature available (a selection of which appears in the Particulars of Objections) and his general chemical knowledge, that he could manufacture valuable therapeutic agents by making the higher alkyl resorcinols; ... ?" It was posed in the 1920s by Stafford Cripps in a British patent case about n-hexyl resorcinol, Sharp & Dohme Inc v Boots Pure Drug Company Ltd and approved by the Master of the Rolls Lord Hanworth in the Court of Appeal's judgment. If the answer was yes the patent was invalid for lack of inventive step or obviousness (or, in the terminology used at the time, want of subject matter). Referred to later as the Cripps question, this way of formulating the issue of inventive step in English law was deployed for many years thereafter. The Cripps question was note ...
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Graham V
Graham and Graeme may refer to: People * Graham (given name), an English-language given name * Graham (surname), an English-language surname * Graeme (surname), an English-language surname * Graham (musician) (born 1979), Burmese singer * Clan Graham, a Scottish clan * Graham baronets Fictional characters * Graham Aker, in the anime ''Gundam 00'' * Project Graham, what a human would look like to survive a car crash Places Canada * Graham, Sudbury District, Ontario * Graham Island, part of the Charlotte Island group in British Columbia * Graham Island (Nunavut), Arctic island in Nunavut United States * Graham, Alabama * Graham, Arizona * Graham, Florida * Graham, Georgia * Graham, Daviess County, Indiana * Graham, Fountain County, Indiana * Graham, Kentucky * Graham, Missouri * Graham, North Carolina * Graham, Oklahoma * Graham, Texas * Graham, Washington Elsewhere * Graham Land, Antarctica * Graham Island (Mediterranean Sea), British name for a submerged volcanic island ...
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Non-obviousness In United States Patent Law
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 a35 U.S.C. §103 An invention is not obvious if a "person having ordinary skill in the art" (PHOSITA) would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Since the PHOSITA standard turned to be too ambiguous in practice, the U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: ''Graham et al. v. John Deere Co. of Kansas City et al.'', 383 U.S. 1 (1966) gives guidelines of what is "non-obvious", and ''KSR v. Teleflex'' (2006) gives guidelines of what is "obvious". In the post-KSR (2006) patent legal practice in the US, the requirement for non-obviousness is often conflated with non-predictability. It is easier to find non-obviousness in non-predictable arts (such ...
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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 limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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