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United States patent law. The United States is considered to have the most favorable legal regime for inventors and patent owners in the world. [1] 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.
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] The majority of inventions are usually not challenged as lacking utility, [3] but the doctrine prevents the patenting of ...
Patentable subject matter in the United States is governed by 35 U.S.C. 101. The current patentable subject matter practice in the U.S. is very different from the corresponding practices by WIPO / Patent Cooperation Treaty and by the European Patent Office, and it is considered to be broader in general. The US Constitution gives the Congress ...
t. e. 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. Federally recognized forms of intellectual property are scattered ...
Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101."
United States v. Glaxo Group Ltd. - Supreme Court, 1973. Relation between patent law and antitrust law. Dann v. Johnston - Supreme Court, 1976. Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro - Supreme Court, 1976.
t. e. In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter. [1]
Legislative history. Introduced in the Senate as "America Invents Act" (S. 23) by Patrick Leahy (D – VT) on January 25, 2011. Committee consideration by Judiciary Committee. Passed the Senate on March 8, 2011 (95–5) Passed the House on June 23, 2011 (304-117) with amendment. Senate agreed to House amendment on September 8, 2011 (89-9 ...