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Mitchell Hamline School of Law

Intellectual Property Law

Patent

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Articles 1 - 3 of 3

Full-Text Articles in Law

Understanding The Role Of Prosecution History Through Linguistics, Zachary Herman Jan 2017

Understanding The Role Of Prosecution History Through Linguistics, Zachary Herman

Cybaris®

No abstract provided.


A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland Jan 2017

A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland

Cybaris®

No abstract provided.


Usefulness Varies By Country: The Utility Requirement Of Patent Law In The United States, Europe And Canada, Jay Erstling, Amy M. Salmela, Justin N. Woo Jan 2012

Usefulness Varies By Country: The Utility Requirement Of Patent Law In The United States, Europe And Canada, Jay Erstling, Amy M. Salmela, Justin N. Woo

Faculty Scholarship

The requirement that an invention have utility is one of the most fundamental of the patent laws. In the United States, for example, the concept of utility is rooted in the Constitution: Article 1, Section 8, gives Congress the power to grant exclusive rights to inventors in order “[t]o promote the progress of Science and useful Arts.” Other jurisdictions recognize utility in the form of inventions that have “industrial applicability” or are “capable of exploitation in industry,” with all of these terms and phrases generally viewed as being synonymous.

Historically, nearly every jurisdiction has excluded some type of invention from …