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Software Patents Under United States Patent Law
Neither software nor computer programs are explicitly mentioned in statutory United States patent law. Patent law has changed to address new technologies, and decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) beginning in the latter part of the 20th century have sought to clarify the boundary between patent-eligible and patent-ineligible subject matter for a number of new technologies including computers and software. The first computer software case in the Supreme Court was ''Gottschalk v. Benson'' in 1972. Since then, the Supreme Court has decided about a half dozen cases touching on the patent eligibility of software-related inventions. The eligibility of software, as such, for patent protection has been only scantily addressed in the courtsHowever, a recent nonprecedential decision of the Federal Circuit held that software as such is not patent eligible. or in legislation. In fact, in the recent Supreme Court deci ... [...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] |
United States Court Of Customs And Patent Appeals
The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. History The CCPA began as the United States Court of Customs Appeals, created by the Payne–Aldrich Tariff Act of August 5, 1909. It commenced operations the following year, on April 22, 1910. Five judges for the new court were appointed by President Taft: Robert Morris Montgomery, William H. Hunt, James Francis Smith, Orion M. Barber and Marion De Vries. The jurisdiction was originally appeals from decisions of the Board of General Appraisers, and no further appellate review was permitted. This changed in 1914, when writ of certiorari by the United States Supreme Court was allowed. The Patent Act of 1922 expanded the court's jurisdiction to include appeals on questions of law from Tariff Commission findings in proceedings relating to unfair practices in the import trade. In 1929, the cou ... [...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] |
In Re Lowry
''In re Lowry'', 32 F.3d 1579 (Fed. Cir. 1994) was a 1994 decision of the United States Court of Appeals for the Federal Circuit on the patent eligibility of data structures. The decision, which reversed a PTO rejection of data structure claims, was followed by a significant change in PTO policy as to granting software related patents, a cessation of PTO appeals to the Supreme Court from reversals of PTO rejections of software patent applications, an increasing lenity at the Federal Circuit toward such patents and patent applications, and a great increase in the number of software patents issued by the PTO. Background Edward S. Lowry filed a computer software patent application in which he described an application program that managed database information by using software data structures that he called "attribute data objects" (ADOs). An ADO is a single primitive data element "compris ngsequences of bits which are stored in the memory as electrical (or magnetic) signals that repr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piano Roll Blues
The piano roll blues or old piano roll blues is a figure of speech designating a legal argument (or the response to that argument) made in US patent law relating to computer software. The argument is that a newly programmed general-purpose digital computer is a "new" machine and, accordingly, properly the subject of a US patent. This legal argument was made in ''Gottschalk v. Benson'' in Benson's brief. The government then responded in its brief that this amounted to asserting that inserting a new piano roll into an existing player piano converted the old player piano into a new player piano. After ''Benson'', the Court of Customs and Patent Appeals took the position that the reasoning of ''Benson'' did not apply to "machine" claims, such as a claim to a conventional digital computer programmed to carry out a new algorithm or computer program. In dissenting from that judgment on the grounds that the Supreme Court in ''Benson'' did not limit the principle to method claims, Judge R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Alappat
''In re Alappat'', 33 F.3d 1526 (Fed. Cir. 1994), along with ''In re Lowry'' and the ''State Street Bank & Trust Co. v. Signature Financial Group, Inc., State Street Bank'' case, form an important mid-to-late-1990s trilogy of United States Court of Appeals for the Federal Circuit, Federal Circuit opinions because in these cases, that court changed course by abandoning the ''Freeman-Walter-Abele Test'' that it had previously used to determine patent eligibility of software patents and patent applications. The result was to open a floodgate of software and business-method patent applications, many or most of which later became invalid patents as a result of Supreme Court opinions in the early part of the following century in ''Bilski v. Kappos'' and ''Alice v. CLS Bank''. Background Kuriappan Alappat was an employee of Tektronix, an oscilloscope manufacturer. He and two other employees (Edward Averill and James Larsen, but for convenience the three will be referred to collectivel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Algorithm
In mathematics and computer science, an algorithm () is a finite sequence of Rigour#Mathematics, mathematically rigorous instructions, typically used to solve a class of specific Computational problem, problems or to perform a computation. Algorithms are used as specifications for performing calculations and data processing. More advanced algorithms can use Conditional (computer programming), conditionals to divert the code execution through various routes (referred to as automated decision-making) and deduce valid inferences (referred to as automated reasoning). In contrast, a Heuristic (computer science), heuristic is an approach to solving problems without well-defined correct or optimal results.David A. Grossman, Ophir Frieder, ''Information Retrieval: Algorithms and Heuristics'', 2nd edition, 2004, For example, although social media recommender systems are commonly called "algorithms", they actually rely on heuristics as there is no truly "correct" recommendation. As an e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rubber
Rubber, also called India rubber, latex, Amazonian rubber, ''caucho'', or ''caoutchouc'', as initially produced, consists of polymers of the organic compound isoprene, with minor impurities of other organic compounds. Types of polyisoprene that are used as natural rubbers are classified as elastomers. Currently, rubber is harvested mainly in the form of the latex from the Hevea brasiliensis, Pará rubber tree (''Hevea brasiliensis'') or others. The latex is a sticky, milky and white colloid drawn off by making incisions in the bark and collecting the fluid in vessels in a process called "tapping". Manufacturers refine this latex into the rubber that is ready for commercial processing. Natural rubber is used extensively in many applications and products, either alone or in combination with other materials. In most of its useful forms, it has a large stretch ratio and high resilience and also is buoyant and water-proof. Industrial demand for rubber-like materials began to out ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrhenius Equation
In physical chemistry, the Arrhenius equation is a formula for the temperature dependence of reaction rates. The equation was proposed by Svante Arrhenius in 1889, based on the work of Dutch chemist Jacobus Henricus van 't Hoff who had noted in 1884 that the Van 't Hoff equation for the temperature dependence of equilibrium constants suggests such a formula for the rates of both forward and reverse reactions. This equation has a vast and important application in determining the rate of chemical reactions and for calculation of Activation energy, energy of activation. Arrhenius provided a physical justification and interpretation for the formula.Keith J. Laidler, Laidler, K. J. (1987) ''Chemical Kinetics'', Third Edition, Harper & Row, p. 42 Currently, it is best seen as an empirical relationship.Kenneth Connors, Chemical Kinetics, 1990, VCH Publishers It can be used to model the temperature variation of Mass diffusivity, diffusion coefficients, population of Vacancy defect, crystal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mayo Collaborative Services V
Mayo often refers to: * Mayonnaise, a sauce * County Mayo, in the west of Ireland * Mayo Clinic, a medical center in Rochester, Minnesota, United States * Mayo (surname), includes a list of people with the name Mayo may also refer to: Places Antarctica * Mayo Peak, Marie Byrd Land Australia * Division of Mayo, an Australian Electoral Division in South Australia Canada * Mayo, Quebec, a municipality * Mayo, Yukon, a village ** Mayo (electoral district), Yukon, a former electoral district Cape Verde * Maio, Cape Verde (also formerly known as Mayo Island) Republic of Ireland * County Mayo * Mayo (Dáil constituency) * County Mayo (Parliament of Ireland constituency) * County Mayo (UK Parliament constituency) * Mayo, County Mayo, a village Ivory Coast * Mayo, Ivory Coast, a town and commune Sudan * Mayo, Khartoum, a neighborhood Thailand * Mayo district, Pattani United Kingdom * Mayo, a townland in County Down, Northern Ireland * Mayo (UK Parliament constitue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
O'Reilly V
O'Reilly () is a common Irish surname. The O'Reillys were historically the kings of East Bréifne in what is today County Cavan. The clan were part of the Connachta's Uí Briúin Bréifne kindred and were closely related to the Ó Ruairc (O'Rourkes) of West Bréifne. O'Reilly is ranked tenth in the top twenty list of most common Irish surnames. It is also the patronymic form of the Irish name Reilly (). The name is commonly found throughout Ireland, with the greatest concentration of the surname found in County Cavan followed by Longford, Meath, Westmeath, Fermanagh and Monaghan, and the Province of Leinster. Naming conventions Overview Usually anglicised as Reilly, O'Reilly or Riley, the original form of the name, Ó Raghallaigh, denotes "descendant of Raghallach". The Ó Raghallaigh family were part of the Connachta, with the eponymous Raghallach said to have died at the Battle of Clontarf in 1014. The family became the kings of East Breifne, modern-day County Cava ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent-eligibility Trilogy
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 (patent), novelty, inventive step and non-obviousness, inventive step or nonobviousness, utility (patent), 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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
