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These three cases can be share a common view, that when the only new element in a claim is a natural law/phenomenon or an abstract idea, the claim is patent-ineligible. As Nielson and Morse said, and Flook reaffirmed, the natural law/phenomenon must be treated as if it is a prior art. An additional "inventive implementation" is required in a ...
The European Patent Convention (EPC) does not provide positive guidance on what should be considered an invention for the purposes of patent law. However, it provides in Article 52(2) EPC a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter:
The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. [71] The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves.
Judging patentability is one aspect of the official examination of a patent application performed by a patent examiner and may be tested in post-grant patent litigation. Prior to filing a patent application, inventors sometimes obtain a patentability opinion from a patent agent or patent attorney regarding whether an invention satisfies the ...
One of the most eagerly watched cases pending before the Supreme Court is Bilski v. Kappos, which will shape the scope of patent law in profound ways. Legal Briefing: When Can You Patent Math?
The website of the United States Patent and Trademark Office states that "the text and drawings of a patent are typically not subject to copyright restrictions," [5] and similar views have been published by patent attorneys. [6] As one unpublished academic working paper on the topic of copyright application to patents notes, however, there is ...
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