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Process Patent
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 m ...
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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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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 ...
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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 ...
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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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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 ...
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