Basic Requirements for Patent
From DrugPedia: A Wikipedia for Drug discovery
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2. '''Enabling Requiremnts''' | 2. '''Enabling Requiremnts''' | ||
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* Definitive | * Definitive | ||
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* '''Processes''' | * '''Processes''' | ||
| + | |||
| + | 1. Processes and methods are claimed in patents as a step or combination of steps performed to accomplish a useful result | ||
| + | |||
| + | 2. Process for conversion or reaction of chemicals or materials are patentable | ||
| + | |||
| + | Examples: a) poylmerization b) synthesis reactions c)purification procedures d) treatment of metals forimproved properties | ||
| + | |||
| + | 3. Processes for achieving useful physical results are patentable | ||
| + | |||
| + | a) Mechanical treatment or processing | ||
| + | |||
| + | b) Optical | ||
| + | |||
| + | c) Electrical | ||
| + | |||
| + | d) Electronic processes such as signal processing | ||
| + | |||
| + | e) Combinations of such processes may be novel even | ||
| + | |||
| + | 4. Medical processes are now patentable in the U.S. | ||
| + | |||
| + | 5.Agricultural processes | ||
| + | |||
| + | 6.Many other types of useful processes are patentable | ||
| + | |||
| + | 7. Principles describing phenomena are not patentable – there must be an implementation to achieve a useful result - Thus description of scientific principles per seare not patentable, but a machine or process using suchprinciples to accomplish a beneficial result is patentable | ||
| + | |||
| + | 8.Patents are not granted for an end result – there must be aprocess or means for achieving the end result | ||
| + | |||
| + | 9.Mathematical relationships and algorithms alone ailso are not patentable | ||
| + | |||
| + | 10. Some computer software processes may be patentable if relationship to machine operation are shown | ||
| + | |||
| + | 11. processes which involve mebntal steps as the sole novel aspect are not patentable | ||
| + | |||
| + | 12. Processes which are solely busioness plans or business systema are not patentable | ||
| + | |||
* '''New uses of Machine & Processes''' | * '''New uses of Machine & Processes''' | ||
| + | |||
| + | 1.Some small variation in use is usually not sufficient | ||
| + | |||
| + | 2. Typical new use is a chemical found to be effective for a new purpose | ||
| + | |||
| + | 3. Any patent protection on a new use does not protect the old product or processes | ||
| + | |||
| + | 4. New uses which are analogous to old uses are typically considered obvious and not patentable | ||
| + | |||
| + | 5.Alteration of the product or process to better accommodate the new use is very significant in supporting patent protection | ||
| + | |||
| + | 6. New uses can also be claimed as a new process | ||
==2.Plant Patents== | ==2.Plant Patents== | ||
| + | |||
| + | '''Basic statutory provisions''' | ||
| + | |||
| + | 1. Types of plants covered | ||
| + | |||
| + | a. Common plants – not as broad as biological definition of plant kingdom – bacteria have been excluded | ||
| + | |||
| + | b. Tuber propagated plants are specially excluded from coverage | ||
| + | |||
| + | 1) potato 2) artichoke | ||
| + | |||
| + | c. Cultivated sports | ||
| + | |||
| + | d. Cultivated mutants | ||
| + | |||
| + | e. Cultivated hybrids | ||
| + | |||
| + | f. Cultivated seedlings | ||
| + | |||
| + | 2. Plant can either be invented or discovered in cultivated state | ||
| + | |||
| + | 3. Plants found in uncultivated state may not be patented | ||
| + | |||
| + | 4. Inventer or discoverer must ASEXUALLY reproduce the plant prior to filing the patent application | ||
| + | |||
| + | 5. The plant must not be distinctive | ||
| + | |||
| + | a) need not be new species | ||
| + | |||
| + | b) must have characteristics which distinguish it from prior plants. Such as: | ||
| + | |||
| + | 1)habit | ||
| + | |||
| + | 2) disease immunity | ||
| + | |||
| + | 3) resistance to cold,drought, heat, wind and soil conditions | ||
| + | |||
| + | 4)distinctive color of flower, leaf, stem or fruit | ||
| + | |||
| + | 5) Flavor 6) productivity 7)storage qualities 8) perfume 9) form 10) ease of asexual reproduction | ||
| + | |||
| + | B. The exclusive right is to prevent the asexual reproduction of the patented plant | ||
| + | |||
| + | C. Distinguish plant patent protection from: | ||
| + | |||
| + | 1. Utility patents, which are also available, and in many cases will provide better protection | ||
| + | |||
| + | 2. Uniform Plant Variety Protection Act, which protects sexually (seed) produced | ||
| + | |||
| + | 3. Protection may be available for plants through one or more of these three legal forms depending on the circumstances | ||
==3. Design Patents== | ==3. Design Patents== | ||
| + | |||
| + | 1. Basic statutory requirements | ||
| + | |||
| + | a) New | ||
| + | |||
| + | b) Original | ||
| + | |||
| + | c) Ornamental | ||
| + | |||
| + | d) For an article of manufacture | ||
| + | |||
| + | 2. New | ||
| + | |||
| + | a) Not known or in the public domain as described below under statutory bars – novelty | ||
| + | |||
| + | b) Design must be considered nonobvious | ||
| + | |||
| + | 3. Original | ||
| + | |||
| + | a) Design is the work of the inventor | ||
| + | |||
| + | 4. Ornamental | ||
| + | |||
| + | a) Design must have ornamental aspects and cannot be dictated solely by functional structural consideration, but must possess some aesthetic consideration | ||
| + | |||
| + | b) The ornamental features can also serve as functional elements | ||
| + | |||
| + | 5. Article of manufacture – Broadly encompasses most things made by man | ||
| + | |||
| + | 6. Appearance not function is protected b | ||
Current revision
The Basic Requirements can be categorize into two category :
1. Substantive Requirement
- Subject Matter
- Novelity : Not previously known by others or previously available in the public domain
- Non-obviousness : The invention must be considered not obvious to one of ordinary skill in art
- Utility : must have practical utility to accomplish a useful purpose
2. Enabling Requiremnts
- Definitive
- Enablement
- Best Mode
[edit] Patentable Subject Matter
1. Broad Statutory classes of utility patents
- Machine :
May be Entire machine
May be Component art
May be mechnism forming part of large machine
May be novel combination of old components
- Compositions of Matter
1. New Molecules
2. New Chemical compounds
3. Mixtures with distintive properties
a) Alloys
b) Solutions and Mixture with distintive properties beyond the constituents
4. Unstable compounds useful as intermediates
5. Monoclonal Antibodies
6.Materials with novel surface, structural, mechnanical, electrical, optical or other propertites
7. Purity alone is not sufficient unless the grater purity allows use where unpurified was not effective
- Manufactures
1. generally includes all products not considered a machine or composition
2. Article having non-moving parts a) Brackets, Tabs, and other part of various uses and functions
b) Containers
3. Treated Products
a) specially prepared furs
b) borax impregnated orange held not patenable (1931) but this case is not being followed by more recent court decisions
c) soil treated with water soluable polymer to prevent erosion was patented
d) processed food products
4. kits containing parts to be assembled in the field
5. Closures
6. Anchors and mounts
7. Ropes, wire, and fibres
8. specially confirured tickets or markers where either the configuration or the combination of printed information and configuration provide new results
9. Novel buildings or building substructures have not always been recognized as patentable but the modern view is yes
- Processes
1. Processes and methods are claimed in patents as a step or combination of steps performed to accomplish a useful result
2. Process for conversion or reaction of chemicals or materials are patentable
Examples: a) poylmerization b) synthesis reactions c)purification procedures d) treatment of metals forimproved properties
3. Processes for achieving useful physical results are patentable
a) Mechanical treatment or processing
b) Optical
c) Electrical
d) Electronic processes such as signal processing
e) Combinations of such processes may be novel even
4. Medical processes are now patentable in the U.S.
5.Agricultural processes
6.Many other types of useful processes are patentable
7. Principles describing phenomena are not patentable – there must be an implementation to achieve a useful result - Thus description of scientific principles per seare not patentable, but a machine or process using suchprinciples to accomplish a beneficial result is patentable
8.Patents are not granted for an end result – there must be aprocess or means for achieving the end result
9.Mathematical relationships and algorithms alone ailso are not patentable
10. Some computer software processes may be patentable if relationship to machine operation are shown
11. processes which involve mebntal steps as the sole novel aspect are not patentable
12. Processes which are solely busioness plans or business systema are not patentable
- New uses of Machine & Processes
1.Some small variation in use is usually not sufficient
2. Typical new use is a chemical found to be effective for a new purpose
3. Any patent protection on a new use does not protect the old product or processes
4. New uses which are analogous to old uses are typically considered obvious and not patentable
5.Alteration of the product or process to better accommodate the new use is very significant in supporting patent protection
6. New uses can also be claimed as a new process
[edit] 2.Plant Patents
Basic statutory provisions
1. Types of plants covered
a. Common plants – not as broad as biological definition of plant kingdom – bacteria have been excluded
b. Tuber propagated plants are specially excluded from coverage
1) potato 2) artichoke
c. Cultivated sports
d. Cultivated mutants
e. Cultivated hybrids
f. Cultivated seedlings
2. Plant can either be invented or discovered in cultivated state
3. Plants found in uncultivated state may not be patented
4. Inventer or discoverer must ASEXUALLY reproduce the plant prior to filing the patent application
5. The plant must not be distinctive
a) need not be new species
b) must have characteristics which distinguish it from prior plants. Such as:
1)habit
2) disease immunity
3) resistance to cold,drought, heat, wind and soil conditions
4)distinctive color of flower, leaf, stem or fruit
5) Flavor 6) productivity 7)storage qualities 8) perfume 9) form 10) ease of asexual reproduction
B. The exclusive right is to prevent the asexual reproduction of the patented plant
C. Distinguish plant patent protection from:
1. Utility patents, which are also available, and in many cases will provide better protection
2. Uniform Plant Variety Protection Act, which protects sexually (seed) produced
3. Protection may be available for plants through one or more of these three legal forms depending on the circumstances
[edit] 3. Design Patents
1. Basic statutory requirements
a) New
b) Original
c) Ornamental
d) For an article of manufacture
2. New
a) Not known or in the public domain as described below under statutory bars – novelty
b) Design must be considered nonobvious
3. Original
a) Design is the work of the inventor
4. Ornamental
a) Design must have ornamental aspects and cannot be dictated solely by functional structural consideration, but must possess some aesthetic consideration
b) The ornamental features can also serve as functional elements
5. Article of manufacture – Broadly encompasses most things made by man
6. Appearance not function is protected b
