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Non-obviousness In United States Patent Law
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 a35 U.S.C. §103 An invention is not obvious if a "person having ordinary skill in the art" (PHOSITA) would not know how to solve the problem at which the invention is directed by using exactly the same mechanism. Since the PHOSITA standard turned to be too ambiguous in practice, the Supreme Court of the United States, U.S. Supreme Court provided later two more useful approaches which currently control the practical analysis of non-obviousness by patent examiners and courts: ''Graham et al. v. John Deere Co. of Kansas City et al.'', 383 U.S. 1 (1966) gives guidelines of what is "non-obvious", and ''KSR v. Teleflex'' (2006) gives guidelines of what is "obvious". In the post-KSR (2006) patent legal practice in the US, the requirement for non-obviousness is often conflated with non-predictability. It is easier to find non-obvio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Patent Law
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 from 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. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Act Of 1793
The history of United States patent law started even before the U.S. Constitution was adopted, with some state-specific patent laws. The history spans over more than three centuries. Background The oldest form of a patent was seen in Medieval times. Medieval rulers would grant an exclusive right to a "monopoly." This was sometimes an attempt to raise funds without taxing, although taxes were still imposed. In England such grants took the form of "letters patent", issued by the sovereign to inventors who petitioned and were approved: a grant of 1331 to John Kempe and his company is the earliest authenticated instance of a royal grant made with the avowed purpose of instructing the English in a new industry. In 1474, in Venice, the first known patent law that granted inventors exclusive rights to their inventions was passed as a result of an economic policy. Thereafter, patents were a formal means of granting and restricting monopolies in Europe. The Venice statute had all the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Doctrine Of Equivalents
The doctrine of equivalents is a legal rule in many (but not all) of the world's patent systems that allows a court to hold a party liable for patent infringement if the infringing device or process does not fall within the literal scope of a patent claim but is nevertheless equivalent to the claimed invention. In the United States, Judge Learned Hand has described its purpose as being "to temper unsparing logic and prevent an infringer from stealing the benefit of the invention." Standards for determining equivalents Germany German courts typically apply a three-step test known as Schneidmesser's questions: #Does the variant solve the problem underlying the invention with means that objectively have the same effect? #Would the person skilled in the art, using the common general knowledge, have realised at the priority date that the variant has the same effect? #Are the considerations which the skilled person takes into account for the variant in the light of the meaning of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graver Tank & Manufacturing Co
Graver may refer to: * Burin (engraving) (French ''burin'', "cold chisel"), a tool used in the art of engraving * Graver (surname) Graver is a surname. Notable people with the surname include: *Andy Graver (1927–2014), English footballer *Elizabeth Graver (born 1964), American writer *Fred Graver, American writer *Fred Graver (footballer) *Gary Graver (1938–2006), American ..., an older English name, still common * Graver basis * a neologism derived from "goth" and "raver", primarily used as an alternative term for Cybergoth {{Disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. Since his retirement, he has been the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University and the University of Oxford, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the Supreme Court, including special assistant to the United States assistant attorney gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mayo Collaborative Servs
Mayo often refers to: * Mayonnaise, a sauce * County Mayo, in the west of Ireland * Mayo Clinic, a medical center in Rochester, Minnesota, United States * Mayo (surname), includes a list of people with the name Mayo may also refer to: Places Antarctica * Mayo Peak, Marie Byrd Land Australia * Division of Mayo, an Australian Electoral Division in South Australia Canada * Mayo, Quebec, a municipality * Mayo, Yukon, a village ** Mayo (electoral district), Yukon, a former electoral district Cape Verde * Maio, Cape Verde (also formerly known as Mayo Island) Republic of Ireland * County Mayo * Mayo (Dáil constituency) * County Mayo (Parliament of Ireland constituency) * County Mayo (UK Parliament constituency) * Mayo, County Mayo, a village Ivory Coast * Mayo, Ivory Coast, a town and commune Sudan * Mayo, Khartoum, a neighborhood Thailand * Mayo district, Pattani United Kingdom * Mayo, a townland in County Down, Northern Ireland * Mayo (UK Parliament consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Funk Bros
Funk is a music genre that originated in African-American communities in the mid-1960s when musicians created a rhythmic, danceable new form of music through a mixture of various music genres that were popular among African-Americans in the mid-20th century. It deemphasizes melody and chord progressions and focuses on a strong rhythmic groove (music), groove of a bassline played by an electric bassist and a drum part played by a drum kit, percussionist, often at slower tempos than other popular music. Funk typically consists of a complex percussive groove with Rhythm section, rhythm instruments playing interlocking grooves that create a "hypnotic" and "danceable" feel. It uses the same richly colored extended chords found in bebop jazz, such as minor chords with added sevenths and elevenths, and dominant seventh chords with altered ninths and thirteenths. Funk originated in the mid-1960s, with James Brown's development of a signature groove that emphasized the Beat (music)#Down ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Great Atlantic & Pacific Tea Co
Great may refer to: Descriptions or measurements * Great, a relative measurement in physical space, see Size * Greatness, being divine, majestic, superior, majestic, or transcendent People * List of people known as "the Great" * Artel Great (born 1981), American actor * Great Osobor (born 2002), Spanish-born British basketball player Other uses * ''Great'' (1975 film), a British animated short about Isambard Kingdom Brunel * ''Great'' (2013 film), a German short film * Great (supermarket), a supermarket in Hong Kong * GReAT, Graph Rewriting and Transformation, a Model Transformation Language * Gang Resistance Education and Training Gang Resistance Education And Training, abbreviated G.R.E.A.T., provides a school-based, police officer-instructed program in America that includes classroom instruction and a variety of learning activities. The program was originally adminis ..., or GREAT, a school-based and police officer-instructed program * Global Research and Analysis Te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flash Of Genius
In United States patent law, the flash of genius doctrine was a test for patentability used by the United States Federal Courts for just over a decade, beginning circa 1940. Origin The doctrine was formalized by the Supreme Court's opinion in ''Cuno Engineering v. Automatic Devices'' (1941), which held that the inventive act had to come into the mind of an inventor in a "flash of genius" and not as a result of tinkering: "The new device, however useful it may be, must reveal the ''flash of creative genius'', not merely the skill of the calling. If it fails, it has not established its right to a private grant on the public domain." Overturned The test was eventually rejected by Congress in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code. Section 103 was amended to state the new standard of ''non-obviousness'': "Patentability shall not be negated by the manner in which the invention was made." The United States Supreme Court ackno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sinclair & Carrol Co
Sinclair may refer to: Places * Lake Sinclair, near Milledgeville, Georgia * Mount Sinclair, Canada * Sinclair, Iowa * Sinclair, West Virginia * Sinclair, Wyoming * Sinclair Mills, British Columbia * Sinclair Township, Minnesota * Sinclair, Manitoba * Sinclair, Western Australia, a locality of the Shire of Esperance People * Sinclair (surname), list of people with this surname * Clan Sinclair, Scottish family * Lord Sinclair, a title in the Peerage of Scotland * Sinclair Lewis (1885–1951), Nobel Prize–winning American writer * Sinclair (singer), stage name of French singer-songwriter Mathieu Blanc-Francard (born 1970) * Sir Clive Sinclair, an English entrepreneur and inventor, most commonly known for his work in consumer electronics in the late 1970s and early 1980s—including ZX Spectrum computers. Companies * Sinclair Broadcast Group, operator of American television stations * Sinclair Oil Corporation, American petroleum company * Sinclair Radionics Lt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hotchkiss V
Hotchkiss may refer to: Places Canada * Hotchkiss, Alberta * Hotchkiss, Calgary United States * Hotchkiss, Colorado * Hotchkiss, Virginia * Hotchkiss, West Virginia Business and industry * Automobiles Hotchkiss, a French automobile manufacturer * Hotchkiss et Cie, a French armaments manufacturer * Hotchkiss Ordnance Company, an English armaments manufacturer Military * Hotchkiss H35, a French tank of World War II * Hotchkiss gun ** Hotchkiss machine gun, including a list of variants * Hotchkiss M201, a French light transport vehicle Other uses * Hotchkiss (surname) * Hotchkiss drive The Hotchkiss drive is a shaft drive form of Transmission (mechanics), power transmission. It was the dominant means for front-engine, rear-wheel drive layout automobile, cars in the 20th century. The name comes from the French automobile manufact ..., a form of automobile power transmission and suspension. * Hotchkiss Bicycle Railroad in Smithville, Burlington County, New Jersey, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
