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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".
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.
The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays. [ 15 ] The German equivalent was used with the founding of the North German Confederation whose constitution granted legislative power over the protection of intellectual property ( Schutz des geistigen Eigentums ...
The following outline is provided as an overview and topical guide to intellectual property: . Intellectual property refers to intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
A set of "limitations" that together describe the invention: "an X, a Y, and a Z connected to the X and the Y." The elements should be described as though they interact or cooperate to achieve the desired result. [19] The distinction between elements and limitations is explained here. [clarification needed] [20]
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 requirement to list actual human inventors was further confirmed by case law: "Inventorship is indeed relevant to patentability under 35 U.S.C. § 102(f), and patents have in the past been held unenforceable for failure to correctly name inventors in cases where the named inventors acted in bad faith or with deceptive intent." [3] [needs ...
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 ...