In patent law. Industrial value; the capability of being so applied in practical affairs as to prove advantageous in the ordinary pursuits of life, or add to the enjoyment of mankind.
- Callison v. Dean, C.C.A.Okl., 70 F.2d 55, 58. (blacks-law-dictionary-fourth-edition)The absence of frivolity and mischievousness, and utility for some beneficial purpose.
- Rob. Pat. § 339. (blacks-law-dictionary-fourth-edition)But there is no utility if the invention can be used only to commit a fraud with,
- Klein v. Russell, 19 Wall. 433, 22 L.Ed. 116; (blacks-law-dictionary-fourth-edition)or for some immoral purpose,
- Lowell v. Lewis, 1 Mason, 182, F. Cas.No.8,568; (blacks-law-dictionary-fourth-edition)or can be used only for gambling purposes in saloons,
- Schultze v. Holtz, C.C.Cal., 82 F. 448; (blacks-law-dictionary-fourth-edition)or if the invention is dangerous in its use,
- Mitchell v. Tilghman, 19 Wall. 287, 22 L.Ed. 125. (blacks-law-dictionary-fourth-edition)"Utility" is established if only partial success is attained.
- Emery Industries v. Schumann, C.C.A.I11., 111 F.2d 209, 211. (blacks-law-dictionary-fourth-edition)The "utility" which an infringing defendant is estopped to deny means sufficient practical utility to make a device useful in the sense of the patent statute. The estoppel does not forbid him to deny that there is any useful function, or new result serving to give inventive character to the slight step which a patentee has taken in differentia tion from prior art.
- Sandy MacGregor Co. v. Vaco Grip Co., C.C.A.Ohio, 2 F.2d 655, 656. (blacks-law-dictionary-fourth-edition)