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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] |
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] |
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] |
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] |
Gottschalk V
Gottschalk or Godescalc (Old High German) is a male German name that can be translated literally as "servant of God". Latin forms include ''Godeschalcus'' and ''Godescalcus''. Similarly, the Arabic equivalent of the name is Abdullah (عبد الله), which also translates to "servant of God," reflecting a shared linguistic and cultural concept of devotion across different traditions. Given name * Godescalc of Benevento, 8th-century Lombard duke *Godescalc (), Carolingian scribe; author of the Godescalc Evangelistary *Godescalc of Le Puy, 10th-century bishop, first documented pilgrim of the Via Podiensis *Gottschalk of Orbais, a 9th-century theologian, poet, and unwilling monk, best known for his conflict with Hincmar * Gottschalk of Aachen, 11th-century monk * Gottschalk (Slavic prince), 11th-century Slavic Prince of the Wends (Saint Gottschalk) * Gottschalk of Gembloux (), Benedictine historian and poet *a 12th-century Holstein peasant, protagonist of the '' Visio Godeschalci' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parker V
Parker may refer to: People * Parker (given name), including a list of people and fictional characters with the given name * Parker (surname), including a list of people and fictional characters with the surname Arts and entertainment * ''Parker'' (1984 film), a British crime film * ''Parker'' (2013 film), an American action thriller * Parker, a player of park golf Businesses and organizations *Parker Brothers, former toy and game manufacturer * Parker Bros., former American firearms firm * Parker Guitars, American manufacturer of guitars * Parker Hannifin, manufacturer of motion and control technologies * Parker Manufacturing Company, tool and kitchen cabinet manufacturer, and industrial landlord * Parker Pen Company, American pen maker Places *Parker, Arizona * Parker, Colorado *Parker, Florida * Parker, Idaho * Parker, Kansas * Parker, Missouri * Parker, North Carolina * Parker, Pennsylvania * Parker, South Carolina * Parker, South Dakota * Parker, Texas in Collin County ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Bilski
''In re Bilski'', 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an ''en banc'' decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. The court affirmed the rejection of the patent claims involving a method of hedging risks in commodities trading, as non- patentable subject matter. Most importantly, the Court concluded, that machine-or-transformation test "was proper test to apply to determine patent-eligibility of process", and that the “useful, concrete and tangible result” of '' State Street Bank v. Signature Financial Group'' and AT&T Corp. v. Excel Communications, Inc. should no longer be relied upon. In '' In re Ferguson'', 558 F.3d 1359, 1364–65 (Fed. Cir. 2009), the Federal Circuit spoke of the ''Bilski'' case as setting forth "this court's clear statements that the 'sole,' 'definitive,' 'applicable,' 'governing,' and 'proper' test for a process claim under § 1 ... [...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] |
List Of Patent Claim Types
This is a list of special types of claims that may be found in a patent or patent application. For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories". ''Beauregard'' In United States patent law, a ''Beauregard'' claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process. This type of claim is named after the 1995 decision ''In re Beauregard''. The computer-readable medium that these claims contemplate is typically a floppy disk or CD-ROM, which is why this type of claim is sometimes called a "floppy disk" claim. In the past claims to pure instructions were generally considered not patentable be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
