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In 1952, the basic structure of the modern Patent Law was laid out with the Patent Act of 1952. In this amendment, an inventor had to describe not only his invention but also the basis for its infringement. Furthermore, an invention needed to be new and useful, as well as non- obvious to be granted a patent. [24]
The United States is considered to have the most favorable legal regime for inventors and patent owners in the world. [1] Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude ...
Legislative history. Introduced in the Senate as "America Invents Act" (S. 23) by Patrick Leahy (D – VT) on January 25, 2011. Committee consideration by Judiciary Committee. Passed the Senate on March 8, 2011 (95–5) Passed the House on June 23, 2011 (304-117) with amendment. Senate agreed to House amendment on September 8, 2011 (89-9 ...
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention. In addition, section 3 of the Patent Act, 1970, also ...
Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101."
United States v. Glaxo Group Ltd. - Supreme Court, 1973. Relation between patent law and antitrust law. Dann v. Johnston - Supreme Court, 1976. Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro - Supreme Court, 1976.
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