Transformation (patent Law)
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Transformation (patent Law)
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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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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Programmed Computer Claim
This is a list of special types of claims that may be found in a patent or patent application. For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories". ''Beauregard'' In United States patent law, a ''Beauregard'' claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process. This type of claim is named after the 1995 decision ''In re Beauregard''. The computer-readable medium that these claims contemplate is typically a floppy disk or CD-ROM, which is why this type of claim is sometimes called a "floppy disk" claim. In the past claims to pure instructions were generally considered not patentable bec ...
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Arrhenius Equation
In physical chemistry, the Arrhenius equation is a formula for the temperature dependence of reaction rates. The equation was proposed by Svante Arrhenius in 1889, based on the work of Dutch chemist Jacobus Henricus van 't Hoff who had noted in 1884 that the van 't Hoff equation for the temperature dependence of equilibrium constants suggests such a formula for the rates of both forward and reverse reactions. This equation has a vast and important application in determining the rate of chemical reactions and for calculation of energy of activation. Arrhenius provided a physical justification and interpretation for the formula. Laidler, K. J. (1987) ''Chemical Kinetics'', Third Edition, Harper & Row, p. 42 Currently, it is best seen as an empirical relationship.Kenneth Connors, Chemical Kinetics, 1990, VCH Publishers It can be used to model the temperature variation of diffusion coefficients, population of crystal vacancies, creep rates, and many other thermally-induced processes/r ...
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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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Exhausted Combination
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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Thought Experiment
A thought experiment is a hypothetical situation in which a hypothesis, theory, or principle is laid out for the purpose of thinking through its consequences. History The ancient Greek ''deiknymi'' (), or thought experiment, "was the most ancient pattern of mathematical proof", and existed before Euclidean mathematics, where the emphasis was on the conceptual, rather than on the experimental part of a thought-experiment. Johann Witt-Hansen established that Hans Christian Ørsted was the first to use the German term ' (lit. thought experiment) circa 1812. Ørsted was also the first to use the equivalent term ' in 1820. By 1883 Ernst Mach used the term ' in a different way, to denote exclusively the conduct of a experiment that would be subsequently performed as a by his students. Physical and mental experimentation could then be contrasted: Mach asked his students to provide him with explanations whenever the results from their subsequent, real, physical experiment differed ...
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Neilson V
Neilson may refer to: Places * Zec Batiscan-Neilson, in the Portneuf Regional County Municipality, Quebec, Canada * Neilson Township, in Portneuf Regional County Municipality, Quebec, Canada * Neilson River (Bras du Nord), Saint-Raymond, Portneuf Regional County Municipality, Quebec, Canada Business * Neilson Dairy, or William Neilson Dairy Limited, a Canadian dairy company * Neilson and Company, 19th century locomotive manufacturer in Glasgow, Scotland Other uses * Neilson (name), people with the given name or surname * Roger Neilson Memorial Award, annual award for the top academic College/University player in the Ontario Hockey League See also * Nielsen (other) * Neilston Neilston ( sco, Neilstoun, gd, Baile Nèill, ) is a village and parish in East Renfrewshire in the west central Lowlands of Scotland. It is in the Levern Valley, southwest of Barrhead, south of Paisley, and south-southwest of Renfrew, at t ...
, a village and parish in East Renfre ...
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Composition Of Matter
In United States patent law, a composition of matter is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and an article of manufacture. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts"). The United States Supreme Court has defined "composition of matter" to mean "all compositions of two or more substances and all composite articles, whether they be the results of chemical union, or of mechanical mixture, or whether they be gases, fluids, powders or solids." That definition is problematic, however, because composite articles can be articles of manufacture—as in the case of a piece of plywood, a concrete sidewalk, a road, a fibreglass bathtub, a (kitchen) countertop, or a flitch beam. ''Robinson on Patents'' has defined "composition of matter" in these terms: A composition of matter ...
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Machine
A machine is a physical system using Power (physics), power to apply Force, forces and control Motion, movement to perform an action. The term is commonly applied to artificial devices, such as those employing engines or motors, but also to natural biological macromolecules, such as molecular machines. Machines can be driven by Animal power, animals and Human power, people, by natural forces such as Wind power, wind and Water power, water, and by Chemical energy, chemical, Thermal energy, thermal, or electricity, electrical power, and include a system of mechanism (engineering), mechanisms that shape the actuator input to achieve a specific application of output forces and movement. They can also include computers and sensors that monitor performance and plan movement, often called mechanical systems. Renaissance natural philosophers identified six simple machines which were the elementary devices that put a load into motion, and calculated the ratio of output force to input fo ...
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CyberSource Corp
Cybersource is a payment service provider founded in 1994. In November 2007, Cybersource acquired the U.S. small business payment services provider Authorize.Net for $565 million. On April 22, 2010, Visa Inc. acquired Cybersource for $2 billion.{{Cite news, last=Martin, first=Andrew, url=https://www.nytimes.com/2010/04/22/business/22visa.html, title=Visa Buys Cybersource for $2 Billion, date=2010-04-21, work=The New York Times, access-date=2020-04-17, language=en-US, issn=0362-4331 See also *List of on-line payment service providers The following is a list of notable online payment service providers and payment gateway providing companies, their platform base and the countries they offer services in: (POS -- Point of Sale) See also * Payment gateway * Payments as a se ... References Companies based in Foster City, California Visa acquisitions American companies established in 1994 Financial services companies established in 1994 1994 establishments in Califor ...
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Piano Roll Blues
The Piano Roll Blues or Old Piano Roll Blues is a figure of speech designating a legal argument (or the response to that argument) made in US patent law relating to computer software. The argument is that a newly programmed general-purpose digital computer is a "new" machine and, accordingly, properly the subject of a US patent. This legal argument was made in ''Gottschalk v. Benson'' in Benson's brief. The government then responded in its brief that this amounted to asserting that inserting a new piano roll into an existing player piano converted the old player piano into a new player piano. After ''Benson'', the Court of Customs and Patent Appeals took the position that the reasoning of ''Benson'' did not apply to "machine" claims, such as a claim to a conventional digital computer programmed to carry out a new algorithm or computer program. In dissenting from that judgment on the grounds that the Supreme Court in ''Benson'' did not limit the principle to method claims, Judge Ri ...
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