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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]
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 ...
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".
After extended litigation, in 2000, a Canadian court permitted issuance of a patent on a mouse as a "composition of matter." [ 14 ] However, in 2002, the Canadian Supreme Court reversed that ruling and held (5-4) that the mouse itself could not be patented, but the biochemical process used to modify it could be.
In the US, patent maintenance fees are due on 3.5, 7.5 and 11.5 anniversaries of the patent issuance. [93] Only ca. 50% of issued US patents are maintained full term. Large corporations tend to pay maintenance fees through the full term, while small companies are more likely to abandon their patents earlier, even though the due fees are ca. 5 ...
The patent at issue, U.S. Patent No. 4,677,798, was for modular steel shell panels that could be arranged into vandalism resistant walls. The panels interlocked by means of steel baffles - internal barriers meant to create fillable compartments or to deflect projectiles that penetrate the outer wall.
The Leahy-Smith America Invents Act (AIA) became fully effective in March 2013, and its impact over the last five years continues to disrupt U.S. patent practice.
This right to obtain provisional damages requires a patent holder to show that (1) the infringing activities occurred after the publication of the patent application, (2) the patented claims are substantially identical to the claims in the published application, and (3) the infringer had "actual notice" of the published patent application. In ...