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Technics (law)
Useful art, or useful arts or technics, is concerned with the skills and methods of practical subjects such as manufacture and craftsmanship. The phrase has now gone out of fashion, but it was used during the Victorian era and earlier as an antonym to the performing art and the fine art. The term "useful Arts" is used in the United States Constitution, Article One, Section 8, Clause 8 which is the basis of United States patent and copyright law: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;..." According to the US Supreme Court, the phrase "useful Arts" is meant to reference inventions. There is controversy in the Court as to whether or not this includes business methods. In the majority opinion for ''In re Bilski'',In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (2008) Justice Anthony Kennedy states "the Patent Act leaves open the possibility that the ...
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Victorian Era
In the history of the United Kingdom and the British Empire, the Victorian era was the period of Queen Victoria's reign, from 20 June 1837 until her death on 22 January 1901. The era followed the Georgian period and preceded the Edwardian period, and its later half overlaps with the first part of the '' Belle Époque'' era of Continental Europe. There was a strong religious drive for higher moral standards led by the nonconformist churches, such as the Methodists and the evangelical wing of the established Church of England. Ideologically, the Victorian era witnessed resistance to the rationalism that defined the Georgian period, and an increasing turn towards romanticism and even mysticism in religion, social values, and arts. This era saw a staggering amount of technological innovations that proved key to Britain's power and prosperity. Doctors started moving away from tradition and mysticism towards a science-based approach; medicine advanced thanks to the adoption ...
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Performing Art
The performing arts are arts such as music, dance, and drama which are performed for an audience. They are different from the visual arts, which are the use of paint, canvas or various materials to create physical or static art objects. Performing arts include a range of disciplines which are performed in front of a live audience, including theatre, music, and dance. Theatre, music, dance, object manipulation, and other kinds of performances are present in all human cultures. The history of music and dance date to pre-historic times whereas circus skills date to at least Ancient Egypt. Many performing arts are performed professionally. Performance can be in purpose-built buildings, such as theatres and opera houses, on open air stages at festivals, on stages in tents such as circuses or on the street. Live performances before an audience are a form of entertainment. The development of audio and video recording has allowed for private consumption of the performing arts. The ...
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Fine Art
In European academic traditions, fine art is developed primarily for aesthetics or creative expression, distinguishing it from decorative art or applied art, which also has to serve some practical function, such as pottery or most metalwork. In the aesthetic theories developed in the Italian Renaissance, the highest art was that which allowed the full expression and display of the artist's imagination, unrestricted by any of the practical considerations involved in, say, making and decorating a teapot. It was also considered important that making the artwork did not involve dividing the work between different individuals with specialized skills, as might be necessary with a piece of furniture, for example. Even within the fine arts, there was a hierarchy of genres based on the amount of creative imagination required, with history painting placed higher than still life. Historically, the five main fine arts were painting, sculpture, architecture, music, and poetry, with p ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Powers Of Congress
Powers may refer to: Arts and media * ''Powers'' (comics), a comic book series by Brian Michael Bendis and Michael Avon Oeming ** ''Powers'' (American TV series), a 2015–2016 series based on the comics * ''Powers'' (British TV series), a 2004 children's science-fiction series * Powers (duo), an American pop group * ''Powers'' (novel), an ''Annals of the Western Shore'' novel by Ursula K. Le Guin * '' Powers: A Study in Metaphysics'', a 2003 book by George Molnar * ''Powers'', a 2019 album by the Futureheads Businesses and organizations * Powers (whiskey), a brand of Irish whiskey * Powers Dry Goods, an American department store chain * Powers Motion Picture Company, an American film company * Powers Motorsports, an American racing team Places in the United States Cities and communities * Powers, Indiana * Powers, Michigan * Powers, Oregon * Powers Coal Camp, Kentucky * Powers Lake, North Dakota * Powers Lake, Wisconsin * Powers Park, Georgia * Powers Township, Minnesot ...
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Patents In The United States
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Copyright In The United States
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works Publication (copyright), published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved Dece ...
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US 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 Consti ...
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Business Method
A business process, business method or business function is a collection of related, structured activities or tasks by people or equipment in which a specific sequence produces a service or product (serves a particular business goal) for a particular customer or customers. Business processes occur at all organizational levels and may or may not be visible to the customers. A business process may often be visualized (modeled) as a flowchart of a sequence of activities with interleaving decision points or as a process matrix of a sequence of activities with relevance rules based on data in the process. The benefits of using business processes include improved customer satisfaction and improved agility for reacting to rapid market change. Process-oriented organizations break down the barriers of structural departments and try to avoid functional silos. Overview A business process begins with a mission objective (an external event) and ends with achievement of the business objecti ...
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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 ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ...
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Haldane Robert Mayer
Haldane Robert Mayer (born February 21, 1941) is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and military service Mayer was born in Buffalo, New York, to Haldane and Myrtle Mayer. He was educated in the public schools of Lockport, New York. Mayer was appointed to the United States Military Academy by Representative William E. Miller, and received a Bachelor of Science degree in 1963. Mayer served in the United States Army from 1963 to 1975. He was awarded the Bronze Star, Meritorious Service, and Army Commendation Medals, the Combat Infantryman Badge, Parachutist Badge, Ranger Tab, and Ranger Combat Badge for his service during the Vietnam War. He took leave from the Army to attend the William & Mary Law School, where he was editor-in-chief of the '' William and Mary Law Review''. He graduated first in his class and received his Juris Doctor in 1971. He attended The Judge Advocate General's Legal Center and ...
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