University:
Massachusetts Institute of Technology
Course:
15.615 | Law for the Entrepreneur and Manager
Academic year:

2024
Views:

370

Pages:

1
Author:

Maverick Martin

2. WHAT CAN BE PATENTED? A. PATENT ACT, WHICH IS AUTHORIZED BY THE U.S. CONSTITUTION "TO PROMOTE THE PROGRESS OF SCIENCE AND USEFUL ARTS." B. §101 SETS FORTH THE BASIC REQUIREMENTS: "NEW AND USEFUL." "NEW AND USEFUL" MUST BE BOTH, OR ONE OF THESE: (a) PROCESS, (b) MACHINE, (c) MANUFACTURE, (d) COMPOSITION OF MATTER, OR A NEW AND USEFUL IMPROVEMENT OF PRIOR ART. (a) "NEW" IN THIS COUNTRY - NOVELTY - NOT KNOWN OR USED BY OTHERS "IN THIS COUNTRY" THIS IS THE TOUGHER ELEMENT, MUST BE NONOBVIOUS TO A PERSON ENGAGED IN THE ART WITH ORDINARY SKILL. THIS IS A FACTUAL QUESTION THAT FREQUENTLY ENDS UP W/ A JURY. (c) §102(a) STARTS A CLOCK THAT REQUIRES YOU TO FILE A PATENT IN ONE YEAR FROM DATE OF PUBLISHING. 1. MOST COUNTRIES HAVE A ZERO HEAR PERIOD YOU MUST FILE BEFORE YOU PUBLISH 2. TO KEEP IT PRIVATE MAKE PEOPLE SIGN NON-DISCLOSURE AGREEMENT 3. FILING (a) IN US, THE "FIRST TO INVENT" RULE IS APPLIED WHEN TWO PEOPLE INVENT, FIRST TO INVENT IS GIVEN THE PATENT EVEN IF THE OTHER IS FIRST TO FILE (a) MUST BE "TIMELY" AND INCLUDE FULL DISCLOSURE 1. SO KEEP RECORDS TO DOCUMENT WHEN YOU STARTED TO WORK ON THE INVENTION 4. USEFUL - NO UTILIZATION HERE, IF IT DOESN'T WORK, NOBODY MAKES ANY MONEY SO THEY DON'T FIGHT OVER IT 5. "PROCESS" MATHEMATICAL ALGORITHM EXCEPTION IS IT ABSTRACT OR CONCRETE. COURTS HAVE BAKED OUT TWO EXCEPTIONS (a) ABSTRACT IDEA - AN ABSTRACT ALGORITHM IS NO MORE THAN A BUSINESS METHOD. AN ABSTRACT ALGORITHM IS NOT ACT OF INVENT, ELIMINATED THE BUSINESS METHOD EXCEPTION, IF IT EVER EXISTED $101 ADDED THE NONOBVIOUS REQUIREMENT

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