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The "patentability" of inventions (defining the types things that qualify for patent protection) is defined under Sections 100–105. Most notably, section 101 [9] sets out "subject matter" that can be patented; section 102 [10] defines "novelty" and "statutory bars" to patent protection; section 103 [11] requires that an invention to be "non ...
A patent applicant may include a copyright notice or mask work notice, but only if it also includes the following authorization, expressly permitting the reproduction of the patent: [9] A portion of the disclosure of this patent document contains material which is subject to (copyright or mask work) protection.
Other amendments to Title 35 concern the renaming from "Patent Office" to "Patent and Trademark Office"; revised fee schedules for application and issue of patents; and modifications in procedures related to the protection of patents. § 121 of the Patent Act of 1952 was the first time, when the US Congress addressed the problem of double ...
Patent infringement typically is caused by using or selling a patented invention without permission from the patent holder, i.e. from the patent owner. The scope of the patented invention or the extent of protection [ 68 ] is defined in the claims of the granted patent.
Patent Act of 1800, An Act for the Relief of Oliver Evans: Evans v. Eaton: 16 U.S. 454: 1818: Patent Act of 1793, An Act for the Relief of Oliver Evans: Evans v. Eaton: 20 U.S. 356: March 20, 1822: Patent Act of 1793, An Act for the Relief of Oliver Evans: A patent on an improved machine must clearly describe how the machine differs from the ...
The US Patent and Trademark Office (USPTO) has said that to obtain a patent a real person must have made a “significant contribution” to the invention and that only a human being can be named ...
The American Inventors Protection Act (AIPA) is a United States federal law enacted on November 29, 1999, as Public Law 106-113. In 2002, the Intellectual Property and High Technology Technical Amendments Act of 2002, Public Law 107-273, amended AIPA.
If an infringer is found to have deliberately infringed a patent (i.e., "willful" infringement), then "enhanced" damages can be awarded of up to three times the damages found or assessed. Legal fees can also be assessed, under 35 U.S.C. § 285, if the case is deemed "exceptional." Willfulness is determined from "the knowledge of the actor at ...