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What Should Be Patentable? A Proposal For Determining The Existence Of Statutory Subject Matter Under 35 U.S.C. Sec. 101, Andrew Beckerman Rodau
What Should Be Patentable? A Proposal For Determining The Existence Of Statutory Subject Matter Under 35 U.S.C. Sec. 101, Andrew Beckerman Rodau
Andrew Beckerman Rodau
The question of what type of inventions should be protectable under patent law is a controversial issue that has received significant attention. Recent Supreme Court decisions reject a bright line test in favor of a more-opened ended approach to determining patent eligibility. Unfortunately, this provides limited guidance to lower courts and consequently the issue remains unsettled. Most inventions fit within the statutory requirements defining patent-eligible inventions. This article will examine the scope of patent-eligible subject matter defined by patent law section 101. It will look at judicial interpretation of the statute including exceptions judicially engrafted onto the statute by the …
A Comparative Study On Human Embryonic Stem Cell's Patent-Eligibility In The United States, The European Patent Organization And China, Huan Zhu
Huan Zhu
Since human embryonic stem cells (hESCs) have entered the public’s view, a large number of ethical debates and moral concerns have been generated. However, these concerns have not stifled advances in biotechnology regarding hESCs. Thanks to its scientific potential and therapeutic values, scientists from all over the world contribute both funding and time to investigate hESCs and additionally seek protection for their research inventions and methods. The patent system is a known mechanism to provide this protection and promote science by granting the patentee exclusive rights to the inventions while requiring public disclosure. However, due to the intrinsic relation of …
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Overcoming The "Impossible Issue" Of Nonobviousness In Design Patents, Janice M. Mueller, Daniel Harris Brean
Janice M Mueller
The United States offers legal protection for designs—the overall aesthetic appearances of objects—through the patent system. To obtain a U.S. design patent has long required something more than novelty. Just as the patentability of a utilitarian device mandates a “nonobvious” advance over earlier technology, the patentability of a new and ornamental design requires that it differ from prior designs to an extent that would not have been “obvious to a designer of ordinary skill who designs articles of the type involved.” Ostensibly promoting progress in design, Congress in 1842 shoehorned design protection into the existing utility patent system. From that …
Common Sense: Treating Statutory Non-Obviousness As A Novelty Issue, N. Scott Pierce
Common Sense: Treating Statutory Non-Obviousness As A Novelty Issue, N. Scott Pierce
N. Scott Pierce
Title 35 of United States Code, at Section 103, limits patent protection to subject matter that would not be “obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.” The requirement was introduced as a statute by the Patent Act of 1952, but, according to the legislative history, was a codification of judicial precedent. The origin of that precedent is widely attributed to the 1851 Supreme Court decision of Hotchkiss v. Greenwood, 52 U.S. 248 (1851). However, declaration of Hotchkiss as a watershed moment in legal history …
Patent Search, Kaviraj Singh
Patent Search, Kaviraj Singh
Kaviraj Singh Sr.
Patent search All the types of patent searches are the same in the sense that searchers are trying to find closely related documents. However, to make it effective, the ways and approach must be different from each other according to the aims of search. The basic purpose of various types of patent search is described herein-below: researchers can easily understand the state-of-the-art technology and so minimize researching time; product developers can be free from anticipated infringement suits; inventors can modify their ideas to be suitable for the patentability criteria; tentative applicants can determine whether they will apply or will save …