Basics2 Flashcards

1
Q

a us patent is property and territorial. What does this mean

A

property - time limited right to exclude others, territorial, only in US

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2
Q

patnets proceted by the

A

constitution article 1 section 8

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3
Q

invention=

A

discovery plus pratical utility

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4
Q

types of patents are

A

utility, design and plant, 20, 14, 20 year terms respectively

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5
Q

statutory categories of invention

A

process machine manufacture and composition of matter or improvements thereof

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6
Q

patent eligible invenstions include

A

biotech and computer implemented inventions

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7
Q

non statutory categories, which can precelude patentability

A

laws of nature, physical phenomena, abstract ideas, naturally occurring articles

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8
Q

examples of non-statutory categories

A

mathematical algorithms, computer software code per se, newly discovered mineral in its natural form

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9
Q

what is prior art

A

any info used to show that an invention is not patentable, public information, dated before filling date of application

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10
Q

what is grace period, how long in us, how long in europe

A

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

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11
Q

determiniation of patentiatblility in us?

A

unless patent examiner can prove otherwise, has BoP

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