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J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001), [1] was a decision of the United States Supreme Court holding for the first time that utility patents may be issued for crops and other flowering (sexually reproducing) plants under 35 U.S.C. § 101. [2]
Unlike the Patent Act of 1952, the PVPA contains three exemptions that significantly limit the scope of the plant breeder's exclusive right.First, the PVPA's provision safeguarding the "public interest in wide usage" allows the United States Department of Agriculture to declare an otherwise protected variety open on the basis of equitable remuneration to the owner, upon a finding that no more ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
As with all utility patents in the United States, a biological patent provides the patent holder with the right to exclude others from making, using, selling, or importing the claimed invention or discovery in biology for a limited period of time - for patents filed after 1998, 20 years from the filing date.
The main reason for having the utility requirement is to prevent issuing patents on things which are speculative and may block useful inventions in the future. [ citation needed ] In a pharmaceutical context, the utility problem usually arises when there is a patent claim on a new drug, but the patent disclosure does not specify (or does not ...
The 100 known most prolific inventors based on worldwide utility patents are shown in the following table. While in many cases this is the number of utility patents granted by the United States Patent and Trademark Office, it may include utility patents granted by other countries, as noted by the source references for an inventor.
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