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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 Method (, methodos, from μετά/meta "in pursuit or quest of" + ὁδός/hodos "a method, system; a way or manner" of doing, saying, etc.), literally means a pursuit of knowledge, investigation, mode of prosecuting such inquiry, or system. In re ...''), 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 f ... [...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 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 exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Method (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 Case law, also used interchangeably with common law, is a law that is based on preced ... [...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 A machine is a physical system that uses power to apply forces and control 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 macromol ..., 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 ... [...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 matte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. [...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] |
Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is one of the 13 United States courts of appeals. It has special appellate jurisdiction over certain categories of cases in the U.S. federal court system. Specifically, it has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademark registrations, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other types of cases. The Federal Circuit has no jurisdiction over any criminal, bankruptcy, immigration, or U.S. state law cases. It is headquartered at the Howard T. Markey National Courts Building in Washington, D.C. The Federal Circuit was created in 1982 with enactment of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts ... [...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 (1) the process is implemented by a particular machine in a non-conventional and non-trivial manner or (2) the process transforms an article from one state to another.Stefania Fusco "Is In re Bilski a Deja Vu?" ''2009 Stan. Tech. L. Rev.'' P1 The origin of the test can be traced to the 1972 government's reply brief on the merits in the US Supreme Court case ''Gottschalk v. Benson'': The test was also mentioned in the 1970s patent-eligibility trilogy—''Gottschalk v. Benson'', '' Parker v. Flook'', and '' Diamond v. Diehr''. The "machine-or-transformation test" was finally endorsed in 2008 by Federal Circuit in '' Bilski'', while explicitly overruling its earlier “useful, tangible and concrete result” test adopted in 1998 in State Street Bank & Trust Co. v. Signature Financial Group, Inc. Numerous legal comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Printed Matter (patent Law)
The term printed matter, in United States patent law, refers to information printed on or otherwise associated with an article of manufacture that is claimed to distinguish an article from similar articles already in the prior art. It was long used as a basis for rejecting claims, but in recent years the United States Court of Appeals for the Federal Circuit has disapproved of its use. The legal analysis of this issue speaks in terms of "printed matter" that is imprinted upon a "substrate." For example, letters might be printed on a piece of paper as substrate, in an extreme case. Or digitized information (the printed matter), such as a jpeg file representative of the Mona Lisa, might be encoded in an EPROM memory chip as substrate. A computer program (the printed matter) might be encoded in a computer-readable medium such as a hard disk (the substrate)—and thus be the subject of a so-called Beauregard claim. The current legal analysis, as expressed in the definitive decisio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
