Patents. Patent Law Protects inventionsProtects inventions Invention is both a process and the thing resulting from the invention processInvention is.

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Presentation transcript:

Patents

Patent Law Protects inventionsProtects inventions Invention is both a process and the thing resulting from the invention processInvention is both a process and the thing resulting from the invention process Patent – a limited monopoly granted by government to the first creator of a useful, novel, and non-obvious inventionPatent – a limited monopoly granted by government to the first creator of a useful, novel, and non-obvious invention

A Bargain Between Society and the Inventor Inventor receives a monopoly to exploit the inventionInventor receives a monopoly to exploit the invention The invention must be qualified through stringent patentability standards before the patent is issuedThe invention must be qualified through stringent patentability standards before the patent is issued The patent is limited to a fixed term (20 years)The patent is limited to a fixed term (20 years) Investor must publicly disclose the inventions secretsInvestor must publicly disclose the inventions secrets

All Parties Benefit The patent is an incentive to be innovativeThe patent is an incentive to be innovative Disclosure adds new knowledgeDisclosure adds new knowledge Useful new information becomes availableUseful new information becomes available The invention eventually becomes part of the public domainThe invention eventually becomes part of the public domain

Patentable Subject Matter Subject MatterDefinitionExamples MachineMechanism with parts organized to cooperate in motion to produce predictable results Engine, appliance, computer, vehicle ManufactureArticles produced by labor or machinery in which new form and characteristics are given to raw or processed materials and/or components Catchall category, includes most goods as well as machines and composition of matter Composition of matter Combinations of two or more substances; composite articles derived from chemical union or mechanical mixture, including gasses, liquids, powders, and solids Molecules, chemical compounds, life forms ProcessesArt or method and includes a new use of a known process, machine, manufacture, composition of matter, or material; also treatment of materials, act or series of acts that transform a subject matter Chemical production, business methods, software, new uses of known materials

Non-Patentable Subject Matter Naturally occurring things, such as life formsNaturally occurring things, such as life forms Abstract ideas, laws of nature, and mathematical formulaeAbstract ideas, laws of nature, and mathematical formulae

Recently Accepted Patents BiotechnologyBiotechnology Computer SoftwareComputer Software Methods of Doing BusinessMethods of Doing Business