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The main reason for having the utility requirement is to prevent issuing patents on things which are speculative and may block useful inventions in the future. [ citation needed ] In a pharmaceutical context, the utility problem usually arises when there is a patent claim on a new drug, but the patent disclosure does not specify (or does not ...
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Patent-eligibility: patent-eligibility (Invalidating method claims for "abstract idea", where steps of method not tied to particular machine). Undue patent claim breadth: Patent holder can only hold a patent on the steps taken, not on every means to the result. Corning v. Burden: 56 U.S. 252: 1853: Winans v. Denmead: 56 U.S. 330: 1853
Another early example of such letters patent was a grant by Henry VI in 1449 to John of Utynam, a Flemish man, for a twenty-year monopoly for his invention. [ 5 ] The first extant Italian patent was awarded by the Republic of Venice in 1416 for a device for turning wool into felt. [ 6 ]
In the Graham case, the '798 patent was originally rejected by the patent examiner as being insufficiently distinguished from the previous '811 patent. The only two claims which differed between the two patents were (1) the stirrup and the bolted connection of the shank to the hinge plate do not appear in '811; and (2) the position of the shank ...
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.
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". [26] 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. [ 27 ]
The substantive patent law issue in the case was the degree of specific utility a claimed invention must have in order to qualify for patenting. Andrew Manson applied for a patent on a novel process for making a form of dihydrotestosterone, a known steroid chemical. A specific use for the product was not known or disclosed by Manson, although ...