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Difference between revisions of "United States of America"

(→‎USC 101: , which says:<ref>http://www.law.cornell.edu/patent/35uscs101.html</ref>)
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==Legislation==
 
==Legislation==
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* [http://www.law.cornell.edu/patent/patent.overview.html U.S. Patent Act -- 35 USCS Sects. 1 - 376]
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:''(see [[Legislation in the USA]])''
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* [http://en.wikisource.org/wiki/Patent_Act_of_1790 The Patent Act of 1790]
 
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===Relevant parts of US Code===
 
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====USC 101====
 
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Statutory categories ([[patentable subject matter]]), which says:<ref>http://www.law.cornell.edu/patent/35uscs101.html</ref>
 
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<blockquote>
 
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''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.].''
 
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</blockquote>
 
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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]]).
 
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====USC 102====
 
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About [[prior art]].
 
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http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html
 
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====USC 103====
 
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Nonobviousness analysis.
 
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(see patently-o's discussion of [http://www.patentlyo.com/patent/2008/10/nonobvious-yet.html nonobvious and anticipated])
 
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====USC 273====
 
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About "prior user rights for business methods".
 
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====USC 284====
 
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[[calculating infringement damages in the USA|damages]]
 
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====USC 285====
 
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Attorney fees
 
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====USC 287(c)====
 
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Medical activities exempted from remedies - or patentable but the doctor isn't liable.
 
  
 
==FTC hearings==
 
==FTC hearings==

Revision as of 11:47, 9 May 2010

The USA is the country where there are, by far, the most examples of court cases over software patents.

Legislation

(see Legislation in the USA)

FTC hearings

(What happened about this: FTC hearings about the patent system, announced December 2008)

Patent judgements

(see: USA patents courts and appeals)

Patent applications are initially judged by an examiner at the USPTO. This decision can be appealed to the USPTO's Board of Patent Appeals and Interferences. The next step is to go to the United States Court of Appeals, Federal Circuit, and the final step, if accepted, would be to go before the United States Supreme Court.[1]

The place for lawsuits

Most of the world's patent litigation happens in the USA.

Within the USA, a disproportionately large amount of patent litigation takes place in the district of East Texas. This phenomenon is known as forum shopping.

Related pages on ESP Wiki

External links

References

  1. ↑ http://www.kuesterlaw.com/swpat.html
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