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Legislation in the USA

Revision as of 11:47, 9 May 2010 by Ciaran (talk | contribs) (dump in from USA)

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

damages

USC 285

Attorney fees

USC 287(c)

Medical activities exempted from remedies - or patentable but the doctor isn't liable.