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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.
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 successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPS agreement is a ...
A patent can be described as all of the following: Property – one or more components (rather than attributes), whether physical or incorporeal, of a person's estate; or so belonging to, as in being owned by, a person or jointly a group of people or a legal entity like a corporation or even a society.
Near the end of the 18th century, states started to pass general patent laws replacing the case-specific acts. These state-level general acts set up standardized procedures for patent applications, an examination process, and general terms for patent holdings. The first state to pass a general patent law was South Carolina, in 1784. [7]
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.
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
The requirement for a working model was eventually dropped. In 1793, [21] the law was revised so that patents were granted automatically upon submission of the description. A separate Patent Office was created in 1802. [22] The patent laws were again revised in 1836, [23] and the examination of patent applications was reinstituted. [24]
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
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