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Legislation in the USA

Revision as of 12:31, 9 May 2010 by Ciaran (talk | contribs) (USC 287(c): |USA, legislation in the (sorting))

Legislation in the USA gives no direct indication about whether software ideas should be patentable. Discussion thus usually focusses on case law in the USA.

Relevant parts of US Code

USC 101 (patentable subject matter)

About "Statutory categories", i.e. patentable subject matter), the legislation 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.