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U.S. Patent
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 US ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winans V
Winans may refer to: Gospel music group * The Winans, an American gospel music quartet * The Winans family of musicians, related to The Winans, including: ** The family patriarch, Pop Winans (1934-2009) ** Angie & Debbie, a duo of Winans family members ** Benjamin "BeBe" Winans (born 1962) ** Priscilla "CeCe" Winans (born 1964) ** BeBe & CeCe Winans, a duo of the preceding two Winans family members ** Deborah Joy Winans (born 1983) ** Juan Winans (born 1981) ** Mario Winans (born 1974) ** Marvin Winans (born 1958) ** Marvin Winans Jr (born 1979) ** Ronald Winans (1956-2005) ** Vickie Winans (born 1953) Other people with the surname ''Winans'' * A. D. Winans (born 1936), American poet * Ada Winans, American opera singer who married Russian diplomat Peter Troubetzkoy * Allan Winans (born 1995), American baseball player * Edwin B. Winans (1826-1894), Governor of Michigan * Edwin B. Winans (1869-1947), U. S. Army general * Fonville Winans (1911-1992), American photographe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal District Courts
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Legal basis Unlike the U.S. Supreme Court, which was expressly established by Article III of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
USPTO
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. , Coke Morgan Stewart is acting undersecretary and director, having been appointed to the position by President Trump on January 20. The U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Reexamination
In United States patent law, a reexamination is a process whereby anyone—third party or inventor—can have a U.S. patent reexamined by a patent examiner to verify that the subject matter it claims is patentable. To have a patent reexamined, an interested party must submit prior art, in the form of patents or printed publications, that raises a "substantial new question of patentability". The Leahy-Smith America Invents Act makes substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding, which will provide patent challengers expanded bases on which to attack patents. Process A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject Matter Eligibility
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] |
Flash Of Genius
In United States patent law, the flash of genius doctrine was a test for patentability used by the United States Federal Courts for just over a decade, beginning circa 1940. Origin The doctrine was formalized by the Supreme Court's opinion in ''Cuno Engineering v. Automatic Devices'' (1941), which held that the inventive act had to come into the mind of an inventor in a "flash of genius" and not as a result of tinkering: "The new device, however useful it may be, must reveal the ''flash of creative genius'', not merely the skill of the calling. If it fails, it has not established its right to a private grant on the public domain." Overturned The test was eventually rejected by Congress in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code. Section 103 was amended to state the new standard of ''non-obviousness'': "Patentability shall not be negated by the manner in which the invention was made." The United States Supreme Court ackno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William O
William is a masculine given name of Germanic origin. It became popular in England after the Norman conquest in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will or Wil, Wills, Willy, Willie, Bill, Billie, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie). Female forms include Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germanic name is a compound of *''wiljô'' "will, wish, desire" and *''helmaz'' "helm, helmet".Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SCOTUS
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 since 186 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sherman Antitrust Act
The Sherman Antitrust Act of 1890 (, ) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies. It was passed by Congress and is named for Senator John Sherman, its principal author. The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dependent Claims
In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. The claims particularly point out the subject matter which the inventor(s) regard as their invention. In other words, the purpose of the claims is to define which subject matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of paramount importance in both prosecution and litigation. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said meth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
