Legal Definitions - device

In patent law, a "device" refers to a mechanical invention, such as an apparatus or article of manufacture, distinguishing it from chemical discoveries. Separately, in the context of fraud, a "device" signifies a scheme or stratagem used to trick or deceive.

The term device has different meanings depending on the legal context:

1. In patent law, a device refers to a tangible, physical invention, often mechanical or structural, that can be manufactured or used as an apparatus. It is a specific type of invention eligible for patent protection, distinct from chemical compositions, biological processes, or abstract ideas.

• Example 1: An inventor designs a new type of ergonomic bicycle pedal that improves power transfer and reduces strain on the rider's knees.
• Explanation: This bicycle pedal is a physical, mechanical invention with a specific function, making it a "device" that could potentially be patented.
• Example 2: A company develops an innovative filtration system for industrial wastewater that uses a unique arrangement of membranes and pumps.
• Explanation: The filtration system, being a complex apparatus with mechanical components and a specific design, qualifies as a "device" under patent law.
• Example 3: A medical researcher invents a miniature, non-invasive sensor designed to detect specific biomarkers in a patient's bloodstream.
• Explanation: This sensor is a manufactured article with a distinct physical structure and function, fitting the definition of a "device" for patent purposes.

2. In the context of fraud, a device refers to a deceptive plan, trick, or stratagem used to mislead or cheat someone, typically to gain an unfair advantage or illicitly obtain something of value.

• Example 1: A telemarketing scammer calls elderly individuals, pretending to be from a government agency and demanding immediate payment for fabricated tax debts.
• Explanation: The scammer's false identity and fabricated demands constitute a "device"—a deceptive scheme—used to trick victims into sending money.
• Example 2: An individual creates a fake online profile and uses stolen photos to solicit money from unsuspecting romantic partners, promising to repay them but never intending to.
• Explanation: The fake online profile and the fabricated romantic relationship are a "device"—a stratagem designed to deceive people into giving money under false pretenses.
• Example 3: A contractor intentionally submits inflated invoices for materials not used and labor not performed on a construction project, hoping the client won't notice.
• Explanation: The submission of false invoices is a "device"—a deceptive tactic—used to defraud the client by charging for services and materials that were never provided.