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Business Method Patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. Background In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, novelty (patent), novelty, inventive step and non-obviousness, inventive step or non-obviousness, and industrial applicability (or utility (patent), utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, the French revolutionary National Constituent Assembly (France), National Constituent Assembly passed a pate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invention
An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand-alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. The ideation process may be augmented by the applications of algorithms and methods from the domain collectively known as evolutionary robotics, artificial intellige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manual Of Patent Examining Procedure
The ''Manual of Patent Examining Procedure'' (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Title 37 of the Code of Federal Regulations, which derives its authority from Title 35 of the United States Code, as well as on case law arising under those titles. The origins of the ''Manual'' date back to a 1920 Patent and Trademark Office Society publication known as the "Wolcott Manual". "One of the most fruitful endeavors of the atent and Trademark OfficeSociety in the area of education was the publication of the first Manual of Patent Office Procedure. The first Manual was written by two employees of the Office and was published in 1920 by the Society. This Manual, with its e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EBay Inc
eBay Inc. ( , often stylized as ebay) is an American multinational e-commerce company based in San Jose, California, that allows users to buy or view items via retail sales through online marketplaces and websites in 190 markets worldwide. Sales occur either via online auctions or "buy it now" instant sales, and the company charges commissions to sellers upon sales. eBay was founded by Pierre Omidyar in September 1995. It has 132 million yearly active buyers worldwide and handled $73 billion in transactions in 2023, 48% of which were in the United States. In 2023, the company had a take rate (revenue as a percentage of volume) of 13.81%. The company is listed on the Nasdaq Global Select Market and is a component of the S&P 500 and formerly the Nasdaq-100. eBay can be used by individuals, companies and governments to purchase and sell almost any legal, non-controversial item. eBay's auctions use a Vickrey auction (sealed-bid) proxy bid system. Buyers and sellers may rate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School. Kennedy became a U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Contract
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language. Insurance contracts are designed to meet specific needs and thus have many features not found in many other types of contracts. Since insurance policies are standard forms, they feature boilerplate language which is similar across a wide variety of different types of insurance policies. Available through HeinOnline. The insurance policy is generally an integrated contract, meaning that it includes all forms associated with the agreement between the insured and insurer.Wollner KS. (1999). How to Draft and Interpret Insurance Policies. Casualty Risk Publishing LLC. In some cases, however, supplementary writings such as letters sent after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Lundgren
''Ex parte Lundgren'' is a 2005 decision by the United States Patent and Trademark Office board of appeals, i.e. the Board of Patent Appeals and Interferences (BPAI) concerning the standard for patent eligible subject matter in the United States. Under 35 U.S.C. 101, patent applicants are entitled to a patent only if they claim patent eligible subject matter. In ''Lundren,'' the applicant sought to patent a business method for evaluating and rewarding manager performance. Following an initial examination, the USPTO examiner rejected the applicant's claims, finding that they were not directed towards the patent eligible subject matter. The applicant appealed this decision to the Board of Patent Appeals and Interferences, which subsequently held that process inventions do not have to be in the technological arts in order to be patentable in the United States. They do, however, have to produce a "concrete, useful and tangible result". The Board's decision in ''Lundgren'' consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Bowman
''Ex Parte Bowman'' 61 U.S.P.Q.2d 1669 (Bd. Pat. App. & Int. 2001) was a decision by the U.S. Board of Patent Appeals and Interferences which asserted that in order to be patent-eligible, a process had to involve or promote the technological arts. This decision was overruled by the Board's subsequent ''Ex Parte Lundgren'' decision, but the Board's and then the Federal Circuit's In re Bilski opinion then superseded ''Lundgren''. ''In re Bilski'', however, rejects use of "not in the technological arts" as a basis for a rejection, although it seems to accept the concept when differently named. ''Bilski'' was affirmed by the Supreme Court in '' Bilski v. Kappos''. See also * Business method patent * '' Diamond v. Diehr'' * '' Freeman-Walter-Abele Test'' * '' State Street Bank v. Signature Financial Group'' * 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 f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Board Of Patent Appeals And Interferences
The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability. Under the America Invents Act, the BPAI was replaced with the Patent Trial and Appeal Board (PTAB), effective September 16, 2012. Structure The BPAI was primarily made up of an Appeals Division and a Trial Division. The Appeals Division, with over 100 Administrative Patent Judges, handled appeals of patent examiner rejections, with sections adjudicating different technology areas. The Trial Division, with 11 Administrative Patent Judges as of 2008, handled contested cases or interference proceedings. The BPAI was headed by a Chief Administrative Patent Judge with a Vice Chief. As of mid-2013, the Chief Administrative Patent Judge was James Donald Smith. Procedures An applicant could appeal the examiner's decision to the BPAI. The appeal procedure was described in chapter 1200 of the U.S. Manual of Pat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
AT&T Corp
AT&T Inc., an abbreviation for its predecessor's former name, the American Telephone and Telegraph Company, is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's third largest telecommunications company by revenue and the third largest wireless carrier in the United States behind T-Mobile and Verizon. As of 2023, AT&T was ranked 32nd on the ''Fortune'' 500 rankings of the largest United States corporations, with revenues of $122.4 billion. The modern company to bear the AT&T name began its history as the American District Telegraph Company, formed in St. Louis in 1878. After expanding services to Arkansas, Kansas, Oklahoma and Texas through a series of mergers, it became the Southwestern Bell Telephone Company in 1920. Southwestern Bell was a subsidiary of the original American Telephone & Telegraph Company, itself founded in 1885 as a subsidiary of the original Bell Telephone Company ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
