Basics2 Flashcards
a us patent is property and territorial. What does this mean
property - time limited right to exclude others, territorial, only in US
patnets proceted by the
constitution article 1 section 8
invention=
discovery plus pratical utility
types of patents are
utility, design and plant, 20, 14, 20 year terms respectively
statutory categories of invention
process machine manufacture and composition of matter or improvements thereof
patent eligible invenstions include
biotech and computer implemented inventions
non statutory categories, which can precelude patentability
laws of nature, physical phenomena, abstract ideas, naturally occurring articles
examples of non-statutory categories
mathematical algorithms, computer software code per se, newly discovered mineral in its natural form
what is prior art
any info used to show that an invention is not patentable, public information, dated before filling date of application
what is grace period, how long in us, how long in europe
12 months in US, none in europe, if you have a patent and disclose it to a friend and they publish it, you have 12 month grace period to prove its your invention
determiniation of patentiatblility in us?
unless patent examiner can prove otherwise, has BoP