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The main reason for having the utility requirement is to prevent issuing patents on things which are speculative and may block useful inventions in the future. [ citation needed ] In a pharmaceutical context, the utility problem usually arises when there is a patent claim on a new drug, but the patent disclosure does not specify (or does not ...
Patent-eligibility: patent-eligibility (Invalidating method claims for "abstract idea", where steps of method not tied to particular machine). Undue patent claim breadth: Patent holder can only hold a patent on the steps taken, not on every means to the result. Corning v. Burden: 56 U.S. 252: 1853: Winans v. Denmead: 56 U.S. 330: 1853
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".
Patent applications can be filed at the United States Patent and Trademark Office (USPTO). Prior to June 7, 1995, the duration of a US utility patent was 17 years from patent issuance. Since that date, the duration of the US utility patent is 20 years from the earliest effective filing date.
In the Graham case, the '798 patent was originally rejected by the patent examiner as being insufficiently distinguished from the previous '811 patent. The only two claims which differed between the two patents were (1) the stirrup and the bolted connection of the shank to the hinge plate do not appear in '811; and (2) the position of the shank ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". [26] The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances. [ 27 ]
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. [ 1 ]
While the patent had claims both to the method of producing a multi-purpose inoculant by mixing together mutually non-inhibitive strains of Rhizobia and to the inoculant product comprising a mixture of mutually non-inhibitive strains of Rhizobia, the case before the Court involved only the product claims.