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In United States patent law, utility is a patentability requirement. [1] As provided by 35 U.S.C. § 101 , an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. [ 2 ]
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 United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents".The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter.
Title 35 of the United States Code is a title of United States Code regarding patent law. The sections of Title 35 govern all aspects of patent law in the United States. There are currently 37 chapters, which include 376 sections (149 of which are used), in Title 35.
J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001), [1] was a decision of the United States Supreme Court holding for the first time that utility patents may be issued for crops and other flowering (sexually reproducing) plants under 35 U.S.C. § 101. [2]
As with all utility patents in the United States, a biological patent provides the patent holder with the right to exclude others from making, using, selling, or importing the claimed invention or discovery in biology for a limited period of time - for patents filed after 1998, 20 years from the filing date. [1]
The laws Congress passed are codified in Title 35 of the United States Code and created the United States Patent and Trademark Office. There is a trend towards global harmonization of patent laws, with the World Trade Organization (WTO) being particularly active in this area. [74] [non-primary source needed] The TRIPS Agreement has been largely ...
United States v. Glaxo Group Ltd. 410 U.S. 52: 1973: Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent ...
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