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One effect of modern patent usage is that a small-time inventor, who can afford both the patenting process and the defense of the patent, [110] can use the exclusive right status to become a licensor. This allows the inventor to accumulate capital from licensing the invention and may allow innovation to occur because he or she may choose not to ...
Although the presence of such "discoveries" helps patentees to meet the non-obviousness requirement, an additional man-made contribution (called "inventive concepts" in Alice Corp. v. CLS Bank International) is required to limit this discovery to a patentable invention. Patent subject matter eligibility is discussed in the details in section ...
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 ...
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.
Edison was one of the most prolific inventors in history, holding 1,093 U.S. patents in his name. Invention is often a creative process. An open and curious mind allows an inventor to see beyond what is known. Seeing a new possibility, connection or relationship can spark an invention.
Patent holding company – company that holds patents on behalf of one or more other companies but does not necessarily manufacture products or supply services based upon the patents held. Patent portfolio – collection of patents owned by a single entity, such as an individual or corporation. The patents may be related or unrelated.
A method patent claim can be infringed only when a single person or entity (including contractually obligated agents) practices all of the claimed steps. [5] Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to ...
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 ...
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