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The on-sale bar is an extraordinarily (some would argue needlessly) complex body of patent law in all but the simplest cases. [1] For instance, licenses are normally not considered a sale, even when a sample product is transferred as part of the license, but a computer software license is considered a barring sale even if the patent claims are ...
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 ...
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 ...
Invalidated the 1964 patent for the ENIAC, the world's first general-purpose electronic digital computer, thus putting the invention of the electronic digital computer into the public domain. United States v. Glaxo Group Ltd. - Supreme Court, 1973. Relation between patent law and antitrust law. Dann v. Johnston - Supreme Court, 1976 ...
Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct. In the case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory safe harbor defense to infringement.
Trade Secrets law, another form of intellectual property, is defined in Title 18. [2] Title 35 has four parts, which are delved into further later in the article: [3] Part I—United States Patent and Trademark Office; Part II—Patentability of Inventions and Grant of Patents; Part III—Patents and Protection of Patent Rights
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