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Difference between revisions of "Case law"

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'''Case law''' is a special subset of court cases which give definitions about how patent law is to be interpreted in the given [[country]].  The most important cases define what is and isn't [[patentable subject matter]].
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There are many [[criteria]] on which a court can rule a patent to be invalid.  A court might say the patent wasn't original enough, or wasn't sufficiently innovative.  Those court rulings are not very interesting for our goal of excluding software from patentability.  An example is the ruling in [[Germany]] which invalidated [[Microsoft's FAT patents|Microsoft's Fat32 patent]].{{fact}}
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Examples of useful rulings include [[Aerotel v. Telco (2006, UK)]], and [[in re Bilski (2008, USA)]].
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==Case law around the world==
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:''(For general litigation, see [[List of lawsuits]])''
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===Australia===
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* [[Australia#Case_law]]
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===Canada===
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* [[Canada#Case_law]]
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* [[Amazon v. Commissioner for Patents (2010, Canada)]]
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===England and Wales===
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:''See: [[Case law in the UK]]''
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===Germany===
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:''See: [[Case law in Germany]]''
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===Israel===
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* [[Israel#Case_law]]
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===United States of America===
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:''See: [[Case law in the USA]]''
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==Related pages on {{SITENAME}}==
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* [[:Category:Case law by region]]
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* [[How to read patents]]
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* [[Patent governance]]
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==External links==
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* [http://www.pubpat.org/garrodglossariesreleased.htm Dr. David Garrod's Glossaries of <nowiki>[</nowiki>USA<nowiki>]</nowiki> Judicial Claim Constructions Available Free of Charge]
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{{footer}}
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[[Category:Understanding the patent system]]
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[[Category:Court cases and litigation]]

Revision as of 15:40, 23 June 2011

Case law is a special subset of court cases which give definitions about how patent law is to be interpreted in the given country. The most important cases define what is and isn't patentable subject matter.

There are many criteria on which a court can rule a patent to be invalid. A court might say the patent wasn't original enough, or wasn't sufficiently innovative. Those court rulings are not very interesting for our goal of excluding software from patentability. An example is the ruling in Germany which invalidated Microsoft's Fat32 patent.[reference needed]


Examples of useful rulings include Aerotel v. Telco (2006, UK), and in re Bilski (2008, USA).

Case law around the world

(For general litigation, see List of lawsuits)

Australia

Canada

England and Wales

See: Case law in the UK

Germany

See: Case law in Germany

Israel

United States of America

See: Case law in the USA

Related pages on ESP Wiki

External links