US Patent Act Of 1836
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US Patent Act Of 1836
The Patent Act of 1836 () established a number of important changes in the United States patent system. These include: *The examination of patent applications prior to issuing a patent. This was the second time this was done anywhere in the world. The only other time an examination period existed prior to this act was in the United States from 1790 to 1793 under the Patent Act of 1790. Prior to this, patents were issued on all applications, even if they were direct copies of earlier patents.Waltersheid, Edward C. (1998) ''To Promote the Progress of Useful Arts, American Patent Law and Administration'' Littleton: Rothman pp 3. It was left to the courts to decide validity in the event of a lawsuit. *The option of extending an existing patent's term for an additional seven years, making the maximum term of patent 21 years. (This was abolished in 1861 and replaced with a single 17-year term.) *The hiring of professional patent examiners. Initially only one examiner was hired, but ...
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United States Patent System
Under Law of the United States, 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 novelty (patent), new, utility (patent), useful, and Inventive step and non-obviousness, 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 United States Constitution, U.S. Constitution, in Article One of the United States Constitution, Article One, Copyright Clause, section 8, clause 8, which states: Patent law is designed to encourage i ...
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Patent Application
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the administrative and legal framework of the patent office. To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required. This is often a national patent office, but may be a regional body, such as the European Patent Office. Once the patent specification complies with the laws of the office concerned, a patent may be granted for the invention described and claimed by the specification. The process of "negotiating" or "arguing" with a patent office for the grant of a patent, and interaction with a patent offic ...
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Patent
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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Patent Act Of 1790
The Patent Act of 1790 () was the first patent statute passed by the federal government of the United States. It was enacted on April 10, 1790, about one year after the constitution was ratified and a new government was organized. The law was concise, defining the subject matter of a U.S. patent as "any useful art, manufacture, engine, machine, or device, or any improvement there on not before known or used."U.S. Patent System Celebrates 212 Years''”.
The U.S. Patent and Trademark Office. 9 Apr. 2002
It granted the applicant the "sole and exclusive right and liberty of making, constructing, using and vending to others to be used" of his invention.
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Patent Examiner
A patent examiner (or, historically, a patent clerk) is an employee, usually a civil servant with a scientific or engineering background, working at a patent office. Major employers of patent examiners are the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the Japan Patent Office (JPO), and other patent offices around the world. Duties Patent examiners review patent applications to determine whether the invention(s) claimed in each of them should be granted a patent or whether the application should instead be refused. One of the most important tasks of a patent examiner is to review the disclosure in the application and to compare it to the prior art. This involves reading and understanding a patent application, searching the prior art (including prior patent applications and patents, scientific literature databases, etc.) to determine what contribution the invention makes over the prior art, and issuing office actions to explain to the applica ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be consid ...
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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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1836 U
Events January–March * January 1 – Queen Maria II of Portugal marries Prince Ferdinand Augustus Francis Anthony of Saxe-Coburg-Gotha. * January 5 – Davy Crockett arrives in Texas. * January 12 ** , with Charles Darwin on board, reaches Sydney. ** Will County, Illinois, is formed. * February 8 – London and Greenwich Railway opens its first section, the first railway in London, England. * February 16 – A fire at the Lahaman Theatre in Saint Petersburg kills 126 people."Fires, Great", in ''The Insurance Cyclopeadia: Being an Historical Treasury of Events and Circumstances Connected with the Origin and Progress of Insurance'', Cornelius Walford, ed. (C. and E. Layton, 1876) p76 * February 23 – Texas Revolution: The Battle of the Alamo begins, with an American settler army surrounded by the Mexican Army, under Santa Anna. * February 25 – Samuel Colt receives a United States patent for the Colt revolver, the first revolving barrel multishot firearm. * March 1 – ...
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Patent Office 1877 Fire
The Patent Office fire of 1877 was the second of two major fires of the U.S. Patent Office. It occurred in the 1864 Patent Office Building of Washington, D.C., on September 24, 1877. The building was constructed to be fireproof, but many of its contents were not. About 80,000 models and 600,000 copy drawings were burned to some degree. No patents were completely lost, however (unlike the situation with the first Patent Office fire), and the Patent Office was soon reopened for recordings. History On July 4, 1836, the Patent Office became its own organization within the Department of State under the Patent Act of 1836. Henry Leavitt Ellsworth became its first commissioner. He started construction of a new fire-proof building, after the previous building had burned down in a disastrous fire. Architect Robert Mills was given instructions by Congress to design the building using fireproof construction material. Mills used masonry vaulted ceilings that spanned the interior ...
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1836 In American Law
Events January–March * January 1 – Queen Maria II of Portugal marries Prince Ferdinand Augustus Francis Anthony of Saxe-Coburg-Gotha. * January 5 – Davy Crockett arrives in Texas. * January 12 ** , with Charles Darwin on board, reaches Sydney. ** Will County, Illinois, is formed. * February 8 – London and Greenwich Railway opens its first section, the first railway in London, England. * February 16 – A fire at the Lahaman Theatre in Saint Petersburg kills 126 people."Fires, Great", in ''The Insurance Cyclopeadia: Being an Historical Treasury of Events and Circumstances Connected with the Origin and Progress of Insurance'', Cornelius Walford, ed. (C. and E. Layton, 1876) p76 * February 23 – Texas Revolution: The Battle of the Alamo begins, with an American settler army surrounded by the Mexican Army, under Santa Anna. * February 25 – Samuel Colt receives a United States patent for the Colt revolver, the first revolving barrel multishot firearm. * March 1 – ...
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United States Federal Patent Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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