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This rarely cited case can be considered as the earliest example of patentable subject matter controversy decided by the SCOTUS. [4] In this case the inventors discovered a new property of lead metal, which turned out be useful in making lead pipes. However, the claimed apparatus was essentially the same as old known lead pipe making machines.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Patentable subject matter in the United States is governed by 35 U.S.C. 101. The two particularly contentious areas, with numerous reversals of prior legislative and judicial decisions, have been computer-based and biological inventions. [9] [10] The US practice of patentable subject matter is very different from that of the European Patent Office.
The distinction between elements and limitations is explained here. [ clarification needed ] [ 20 ] Optionally, a purpose clause that further describes the overall operation of the invention, or the goal that the invention achieves ("wherein the Z simultaneously controls the X and Y," or "wherein the Z accomplishes purpose W by controlling X ...
A patent does not give a right to make or use or sell an invention. [1] Rather, a patent provides, from a legal standpoint, the right to exclude others [ 1 ] from making, using, selling, offering for sale, or importing the patented invention for the term of the patent , which is usually 20 years from the filing date [ 4 ] subject to the payment ...
This is a list of software patents, which contains notable patents and patent applications involving computer programs (also known as a software patent).Software patents cover a wide range of topics and there is therefore important debate about whether such subject-matter should be excluded from patent protection. [1]