Law of Patents Flashcards

1
Q

What are the requirements for getting a patent?

A
  1. Patent eligible subject matter - 101
  2. Useful - 101
  3. Novel - 102
  4. Non-Obvious - 103
  5. Describe it adequately - 112
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2
Q

What are the four enumerated categories you can get a patent on?

A

You can get a patent on new inventions if what you’re trying to claim is:

  1. A process
  2. A machine
  3. An article of manufacture
  4. A composition of matter
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3
Q

What is the Alice-Mayo Framework?

A
  1. Are you dealing with an invention that satisfies one of the four enumerated categories you can get a patent on under 101?
    If yes, Alice-Mayo Framework:
  2. Are you trying to claim something that covers a judicial exception?
    If yes,
  3. Are you merely trying to claim that judicial exception, or something that is substantially more?
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4
Q

What are the judicial exceptions to patentability?

A
  1. Abstract Idea
  2. Law of Nature
  3. Naturally occurring phenomenom
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