Difference between revisions of "Legislation in the USA"
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| + | * [http://www.law.cornell.edu/patent/patent.overview.html U.S. Patent Act -- 35 USCS Sects. 1 - 376] | ||
| + | * [http://en.wikisource.org/wiki/Patent_Act_of_1790 The Patent Act of 1790] | ||
| + | |||
| + | ===Relevant parts of US Code=== | ||
| + | ====USC 101==== | ||
| + | |||
| + | Statutory categories ([[patentable subject matter]]), which says:<ref>http://www.law.cornell.edu/patent/35uscs101.html</ref> | ||
| + | |||
| + | <blockquote> | ||
| + | ''Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title [35 USCS Sects. 1 et seq.].'' | ||
| + | </blockquote> | ||
| + | |||
| + | The word "process" was added in the 1950s. Most software patents and [[business methods]] are claimed as a "process" (example: [[Bilksi]]) but some are claimed as a "machine" (example: [[State Street v. Signature Group (1999, USA)|State Street]]). | ||
| + | |||
| + | ====USC 102==== | ||
| + | About [[prior art]]. | ||
| + | |||
| + | http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html | ||
| + | |||
| + | ====USC 103==== | ||
| + | Nonobviousness analysis. | ||
| + | |||
| + | (see patently-o's discussion of [http://www.patentlyo.com/patent/2008/10/nonobvious-yet.html nonobvious and anticipated]) | ||
| + | |||
| + | ====USC 273==== | ||
| + | |||
| + | About "prior user rights for business methods". | ||
| + | |||
| + | ====USC 284==== | ||
| + | [[calculating infringement damages in the USA|damages]] | ||
| + | |||
| + | ====USC 285==== | ||
| + | Attorney fees | ||
| + | |||
| + | ====USC 287(c)==== | ||
| + | |||
| + | Medical activities exempted from remedies - or patentable but the doctor isn't liable. | ||
Revision as of 11:47, 9 May 2010
Contents
Relevant parts of US Code
USC 101
Statutory categories (patentable subject matter), which says:[1]
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title [35 USCS Sects. 1 et seq.].
The word "process" was added in the 1950s. Most software patents and business methods are claimed as a "process" (example: Bilksi) but some are claimed as a "machine" (example: State Street).
USC 102
About prior art.
http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html
USC 103
Nonobviousness analysis.
(see patently-o's discussion of nonobvious and anticipated)
USC 273
About "prior user rights for business methods".
USC 284
USC 285
Attorney fees
USC 287(c)
Medical activities exempted from remedies - or patentable but the doctor isn't liable.
