Exhausted Combination Doctrine
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Exhausted Combination Doctrine
The exhausted combination doctrine, also referred to as the doctrine of the ''Lincoln Engineering'' case, is the doctrine of U.S. patent law that when an inventor invents a new, unobvious device and seeks to patent not merely the new device but also the combination of the new device with a known, conventional device with which the new device cooperates in the conventional and predictable way in which devices of those types have previously cooperated, the combination is unpatentable as an "exhausted combination" or "old combination". The doctrine is also termed the doctrine of the ''Lincoln Engineering'' case because the United States Supreme Court explained the doctrine in its decision in ''Lincoln Engineering Co. v. Stewart-Warner Corp.'' The ''Lincoln Engineering'' decision In ''Lincoln Engineering'', the inventor invented a new and improved coupling device to attach a nozzle to a grease gun. The patent, however, claimed the whole combination of grease gun, nozzle, and coupling ...
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Novelty (patent)
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.: "I. Patentability; C. Novelty; 1. General" ("An invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Art. 54(1) EPC is to prevent the state of the art being patented again (T 12/81, OJ 1982, 296; T 198/84, OJ 1985, 209).") Definition Novelty is requirement for a patent claim to be patentable. In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considere ...
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Diamond V
Diamond is a solid form of the element carbon with its atoms arranged in a crystal structure called diamond cubic. Another solid form of carbon known as graphite is the chemically stable form of carbon at room temperature and pressure, but diamond is metastable and converts to it at a negligible rate under those conditions. Diamond has the highest hardness and thermal conductivity of any natural material, properties that are used in major industrial applications such as cutting and polishing tools. They are also the reason that diamond anvil cells can subject materials to pressures found deep in the Earth. Because the arrangement of atoms in diamond is extremely rigid, few types of impurity can contaminate it (two exceptions are boron and nitrogen). Small numbers of defects or impurities (about one per million of lattice atoms) color diamond blue (boron), yellow (nitrogen), brown (defects), green (radiation exposure), purple, pink, orange, or red. Diamond also has a ver ...
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Exhaustion Doctrine Under U
Fatigue describes a state of tiredness that does not resolve with rest or sleep. In general usage, fatigue is synonymous with extreme tiredness or exhaustion that normally follows prolonged physical or mental activity. When it does not resolve after rest or sleep, or occurs independently of physical or mental exertion, it may be a symptom of a medical condition that may become severe or progressive. Fatigue can be a feature of a mental disorder such as depression; may be associated with conditions of chronic pain such as fibromyalgia; it may also feature in conditions of chronic low-level inflammation, and be a disease-related symptom in many other conditions. Fatigue often has no known cause, and is recognised as being very complex in nature. Fatigability describes a susceptibility to fatigue. Physical fatigue results from muscle fatigue brought about by intense physical activity. Mental fatigue results from prolonged periods of cognitive activity which impairs cognitive abi ...
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Software Patents Under United States Patent Law
Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent-ineligible subject matter for a number of new technologies including computers and software. The first computer software case in the Supreme Court was '' Gottschalk v. Benson'' in 1972. Since then, the Supreme Court has decided about a half dozen cases touching on the patent eligibility of software-related inventions. The eligibility of software, as such, for patent protection has been only scantily addressed in the courtsHowever, a recent nonprecedential decision of the Federal Circuit held that software as such is not patent eligible. or in legislation. In fact, in the recent Supreme Court de ...
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Mayo V
Mayo often refers to: * Mayonnaise, often shortened to "mayo" * Mayo Clinic, a medical center in Rochester, Minnesota, United States Mayo may also refer to: Places Antarctica * Mayo Peak, Marie Byrd Land Australia * Division of Mayo, an Australian Electoral Division in South Australia Canada * Mayo, Quebec, a municipality * Mayo, Yukon, a village ** Mayo (electoral district), Yukon, a former electoral district Cape Verde * Maio, Cape Verde (also formerly known as Mayo Island) Republic of Ireland * County Mayo * Mayo (Dáil constituency) * Mayo (Parliament of Ireland constituency) * Mayo (UK Parliament constituency) * Mayo, County Mayo, a village Ivory Coast * Mayo, Ivory Coast, a town and commune Thailand * Mayo District, Pattani Province United Kingdom * Mayo, a townland in County Down, Northern Ireland * Mayo (UK Parliament constituency), a former constituency encompassing the whole of County Mayo United States * Mayo, Florida, a town * Mayo, Kentucky, an unincorp ...
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Alice V
Alice may refer to: * Alice (name), most often a feminine given name, but also used as a surname Literature * Alice (''Alice's Adventures in Wonderland''), a character in books by Lewis Carroll * ''Alice'' series, children's and teen books by Phyllis Reynolds Naylor * ''Alice'' (Hermann book), a 2009 short story collection by Judith Hermann Computers * Alice (computer chip), a graphics engine chip in the Amiga computer in 1992 * Alice (programming language), a functional programming language designed by the Programming Systems Lab at Saarland University * Alice (software), an object-oriented programming language and IDE developed at Carnegie Mellon * Alice mobile robot * Artificial Linguistic Internet Computer Entity, an open-source chatterbot * Matra Alice, a home micro-computer marketed in France * Alice, a brand name used by Telecom Italia for internet and telephone services Video games * '' Alice: An Interactive Museum'', a 1991 adventure game * ''American McGee's Alic ...
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Gottschalk V
Gottschalk or Godescalc (Old High German) is a male German name that can be translated literally as " servant of God". Latin forms include ''Godeschalcus'' and ''Godescalcus''. Given name * Godescalc of Benevento, 8th-century Lombard duke *Godescalc (), Carolingian scribe; author of the Godescalc Evangelistary *Godescalc of Le Puy, 10th-century bishop, first documented pilgrim of the Via Podiensis *Gottschalk of Orbais, a 9th-century theologian, poet, and unwilling monk, best known as a hero of the Jansenists and for his conflict with Hincmar *Gottschalk (Slavic prince), 11th-century Slavic Prince of the Wends (Saint Gottschalk) *a 12th-century Holstein peasant, protagonist of the '' Visio Godeschalci'' Surname * Alfred Gottschalk (biochemist) (1894–1973), German biochemist * Alfred Gottschalk (rabbi) (1930–2009), German-born American rabbi * Ben Gottschalk (born 1992), American NFL football player *Carl W. Gottschalk (1922–1997), American professor and kidney researcher *Eli ...
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Parker V
Parker may refer to: Persons * Parker (given name) * Parker (surname) Places Place names in the United States *Parker, Arizona * Parker, Colorado *Parker, Florida * Parker, Idaho * Parker, Kansas * Parker, Missouri * Parker, North Carolina * Parker, Pennsylvania * Parker, South Carolina *Parker, South Dakota * Parker, Texas in Collin County * Parker, Johnson County, Texas * Parker, Washington *Parker City, Indiana *Parker County, Texas *Parker Dam, at Lake Havasu on the Colorado River between Arizona and California *Parker Road (DART station), a light rail terminal on Parker Road in Plano, Texas * Parker School, Montana *Parker Strip, Arizona *Parker Township, Marshall County, Minnesota *Parker Township, Morrison County, Minnesota *Parker Township, Butler County, Pennsylvania *Parker Center, a former police building in Los Angeles Elsewhere * C. W. Parker Carousel, a Burnaby Village Museum exhibit in British Columbia, Canada * Mount Parker (Philippines), a Mindanao island volcano ...
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In Re Bilski
''In re Bilski'', 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an ''en banc'' decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of hedging risks in commodities trading. The court also reiterated the machine-or-transformation test as ''the'' (meaning ''sole'') applicable test for patent-eligible subject matter, and stated that the test in ''State Street Bank v. Signature Financial Group'' should no longer be relied upon. The Supreme Court of the United States issued an opinion on appeal (as '' Bilski v. Kappos'') that affirmed the judgment of the CAFC, but revised many aspects of the CAFC's decision. In its decision, handed down on June 28, 2010, the Supreme Court rejected the machine-or-transformation test as the sole test of process patent eligibility based on an interpretation of the l ...
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Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product desi ...
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Machine-or-transformation Test
In United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies for consideration if it (1) is implemented by a particular machine in a non-conventional and non-trivial manner or (2) transforms an article from one state to another.Stefania Fusco "Is In re Bilski a Deja Vu?" ''2009 Stan. Tech. L. Rev.'' P1 The test was first articulated under its present form in the government's brief in '' Gottschalk v. Benson''. In its reply brief on the merits in that case, the government said, "we submit that the cases follow such a rule—implicitly or explicitly—and that they cannot be rationalized otherwise." The court declined to adopt the proposed rule as categorical and as an exclusive test. It opined that future cases might present fact patterns calling for a different rule from that applicable to past cases, and therefore the machine-or-transformation test was just a "clue" to eligibility for a patent. The ...
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Nonstatutory Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tan ...
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