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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subsequent ''Ex Parte Lundgren'' decision, but the Board's and then the Federal Circuit's In re Bilski opinion then superseded ''Lundgren''.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] |
Patent-eligible
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is considered appropriate for patent protection in a given jurisdiction. The laws and practices of many countries stipulate that certain types of inventions should be denied patent protection. Together with criteria such as novelty, inventive step or nonobviousness, utility (or industrial applicability), which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. The problem of patentable subject matter arises usually in cases of biological and software inventions, and much less frequently in other areas of technology. Legislation The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to ... [...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] |
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] |
Bilski V
Bilski (feminine: Bilska) is a Polish toponymic surname derived from one of places named Bilsko. It may also be derived from " Bielski".https://www.ancestry.com/name-origin?surname=bilski Notable people with the surname include: * Arkadiusz Bilski (born 1973), Polish football manager and former player * Benjamin Bilski *Bernard L. Bilski, lead petitioner in the 2010 U.S. Supreme Court case '' Bilski v. Kappos'' and appellant its 2008 Federal Circuit predecessor case ''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 ...'' *Olha Bilska, birth name of Olha Petliura (1885-1959), spouse of Ukrainian political leader Symon Petliura See also * * References {{surname, Bielski Polish-language surnames Toponymic surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Diamond V
Diamond is a solid form of the element carbon with its atoms arranged in a crystal structure called diamond cubic. Diamond is tasteless, odourless, strong, brittle solid, colourless in pure form, a poor conductor of electricity, and insoluble in water. Another solid form of carbon known as graphite is the chemically stable form of carbon at room temperature and pressure, but diamond is metastable and converts to it at a negligible rate under those conditions. Diamond has the highest hardness and thermal conductivity of any natural material, properties that are used in major industrial applications such as cutting and polishing tools. Because the arrangement of atoms in diamond is extremely rigid, few types of impurity can contaminate it (two exceptions are boron and nitrogen). Small numbers of defects or impurities (about one per million of lattice atoms) can color a diamond blue (boron), yellow (nitrogen), brown (defects), green (radiation exposure), purple, pink, oran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freeman-Walter-Abele Test
''Freeman-Walter-Abele'' is a now outdated judicial test in United States patent law. It came from three decisions of the United States Court of Customs and Patent Appeals—''In re Freeman'', 573 F.2d 1237 (C.C.P.A. 1978), ''In re Walter'', 618 F.2d 758 (C.C.P.A. 1980); and ''In re Abele'', 684 F.2d 902 (C.C.P.A. 1982) —which attempted to comply with then-recent decisions of the Supreme Court concerning software-related patent claims. Overview The test was used to determine whether a patent claim was directed entirely to mathematical principles or algorithms, which are not patentable subject matter. The aim of the test was to allow claims that do not attempt to monopolize traditionally patent ineligible subject matter, such as mathematics, thinking, and laws of nature. Though primarily concerned with mathematical algorithms the test has some applicability in all subject matter discussions. Its use peaked in 1994 with '' In re Schrader''. Its use then faded, to be replaced by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Street Bank V
State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a state where the majority identify with a single nation (with shared culture or ethnic group) ** Constituent state, a political subdivision of a state ** Federated state, constituent states part of a federation *** U.S. state * State of nature, a concept within philosophy that describes the way humans acted before forming societies or civilizations State may also refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future governm ... [...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] |
United States Patent Case Law
This is a list of notable patent law cases in the United States in chronological order. The cases have been decided notably by the United States Supreme Court, the United States Court of Appeals for the Federal Circuit (CAFC) or the Board of Patent Appeals and Interferences (BPAI). While the Federal Circuit (CAFC) sits below the Supreme Court in the hierarchy of U.S. federal courts, patent cases only have the right of appeal to the Federal Circuit. The U.S. Supreme Court will only review cases on a discretionary basis and rarely decides patent cases. Unless overruled by a Supreme Court case, Federal Circuit decisions can dictate the results of both patent prosecution and litigation as they are universally binding on all United States district courts and the United States Patent and Trademark Office. An incomplete list of United States Supreme Court patent case law can be found here. Early cases (before 1900) *'' Tyler v. Tuel'' - Supreme Court, 1810. Held that an assignee of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2001 In United States Case Law
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural number ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
