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Method Claim
In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a ''manufacture''), and a composition of matter. In that context, a method is a series of steps for performing a function or accomplishing a result. While the terms ''method'' and ''process'' are largely interchangeable, ''method'' usually refers to a way to use a product to accomplish a given result, and ''process'' usually refers to a series of steps in manufacture. Thus, one might speak about a method for curing headaches that comprises the administration of a therapeutically effective dose of aspirin or speak about a process for making soap or candles. Not all methods, in the dictionary sense, are methods for purposes of United States patent law. The case law "forecloses a purely literal reading of § 101." The concept is elaborated in the article ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Machine (patent)
In United States patent law, a machine is one of the four principal categories of things that may be patented. The other three are a process (also termed a ''method''), an article of manufacture (also termed a ''manufacture''), and a composition of matter. 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"). In ''In re Nuitjen'', 500 F.3d 1346 (Fed. Cir. 2007), the United States Court of Appeals for the Federal Circuit said: To this it might be added that the parts must interact (usually dynamically) with one another, for otherwise they might be parts of an article of manufacture. It has been considered grounds for rejecting or invalidating a machine claim as being directed to a "mere aggregation" if the parts were merely associated with one another without interacting functionally. An illustration of a mere aggregation would be the "combination" of a bathtub and a p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article Of Manufacture
In United States patent law, an article of manufacture (also termed a manufacture) 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 a composition of matter. 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"). In ''In re Nuitjen'', the United States Court of Appeals for the Federal Circuit said: The Supreme Court has defined "manufacture" (in its verb form) as "the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties, or combinations, whether by hand-labor or by machinery." ''Diamond v. Chakrabarty'', 447 U.S. 303, 308 (1980) (quoting ''American Fruit Growers, Inc. v. Brogdex Co.'', 283 U.S. 1, 11 (1931). The term is used in the statute in its noun form, ''Bayer AG v. Housey Pharms., Inc.'', 340 F.3d 1367, 13 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 *Elisabet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Patent Claim Types
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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
