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D  ›  derivation
D  ›  derivation
1828 Definition

DERIVATION, n.

1. The act of deriving, drawing or receiving from a source; as the derivation of an estate from ancestors, or of profits from capital, or of truth or facts from antiquity.

2. In grammar, the drawing or tracing of a word from its root or original; as, derivation is from the L. Derivo, and the latter from rivus, a stream.

3. A drawing from, or turning aside from, a natural course or channel; as the derivation of water from its channel by lateral drains.

4. A drawing of humors from one part of the body to another; as the derivation of humors from the eye, by a blister on the neck.

5. The thing derived or deduced.
1913 Definition
Derivation (derivation)
n.(?)
Der`i*va"tion
[L. derivatio: cf. F. dérivation. See Derive.]
  1. A leading or drawing off of water from a stream or source.
    [Obs.] T. Burnet.
  2. The act of receiving anything from a source; the act of procuring an effect from a cause, means, or condition, as profits from capital, conclusions or opinions from evidence.

    As touching traditional communication, . . . I do not doubt but many of those truths have had the help of that derivation. Sir M. Hale.

  3. The act of tracing origin or descent, as in grammar or genealogy; as, the derivation of a word from an Aryan root.
  4. The state or method of being derived; the relation of origin when established or asserted.
  5. That from which a thing is derived.
  6. That which is derived; a derivative; a deduction.

    From the Euphrates into an artificial derivation of that river. Gibbon.

  7. The operation of deducing one function from another according to some fixed law, called the law of derivation, as the operation of differentiation or of integration.
  8. A drawing of humors or fluids from one part of the body to another, to relieve or lessen a morbid process.
  9. The formation of a word from its more original or radical elements; also, a statement of the origin and history of a word.

1828 dictionary
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Patents to plants which are stable and reproduced by asexual reproduction, and not a potato or other edible tuber reproduced plant, are provided for by Title 35 United States Code, Section 161 which states: Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of title. (Amended September 3, 1954, 68 Stat. 1190). The plant patent must also satisfy the general requirements of patentability. The subject matter of the application would be a plant which developed or discovered by applicant, and which has been found stable by asexual reproduction. To be patentable, it would also be required: (1) That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area. (2)That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke. (3) That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant. (4) That the plant has not been sold or released in the United States of America more than one year prior to the date of the application. (5)That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent. (6) That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc. (7) The invention would not have been obvious to one skilled in the art at the time of invention by applicant.




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