Search results
Results from the WOW.Com Content Network
The all elements rule or all limitations rule (often written with a hyphen after "all") is a legal test used in US patent law to determine whether a given reference shows that a patent claim [1] lacks the novelty required to be valid. The rule is also applicable to an obviousness analysis. [2]
In United States patent law, the doctrine of inherency holds that, under certain circumstances, prior art may be relied upon not only for what it expressly teaches, but also for what is inherent therein, i.e., what necessarily flows from the express teachings. [1] For a patent claim to be valid, its subject-matter must be novel and non-obvious.
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 ...
The Patent Act of 1952 clarified and simplified existing U.S. patent law. It also effected substantive changes, including the codification of the requirement for non-obviousness [1] [2] and the judicial doctrine of contributory infringement. [3] As amended, it is codified in Title 35 of the United States Code.
In US patent law, non-obviousness is one of the requirements that an invention must meet to qualify for patentability, codified as a part of Patent Act of 1952 as 35 U.S.C. §103. An invention is not obvious if a " person having ordinary skill in the art " (PHOSITA) would not know how to solve the problem at which the invention is directed by ...
Hotchkiss v. Greenwood, 52 U.S. (11 How.) 248 (1851), was a United States Supreme Court decision credited with introducing into United States patent law the concept of non-obviousness as a patentability requirement, [1] as well as stating the applicable legal standard for determining its presence or absence in a claimed invention.
Useful (in U.S. patent law) or be susceptible of industrial application (in European patent law [1]) Usually the term " patentability " only refers to the four aforementioned "substantive" conditions, and does not refer to formal conditions such as the " sufficiency of disclosure ", the " unity of invention " or the " best mode requirement ".
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]