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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 ...
This decision established "useful, concrete and tangible result" as a patentability criterion. A price for a financial product was found as meeting this requirement. This decision historically was the first one, where patentability of business methods was allowed. [28] However, this approach was invalidated in 2010 in Bilski v. Kappos.
The "patentability" of inventions (defining the types things that qualify for patent protection) is defined under Sections 100–105. Most notably, section 101 [ 9 ] sets out "subject matter" that can be patented; section 102 [ 10 ] defines "novelty" and "statutory bars" to patent protection; section 103 [ 11 ] requires that an invention to be ...
Justine Pila, The Requirement for an Invention in Patent Law, Oxford University Press, 2010, ISBN 978-0-19-929694-1; Emir Crowne, The Utilitarian Fruits Approach to Justifying Patentable Subject Matter (June 19, 2011). John Marshall Review of Intellectual Property Law, Vol. 10, No. 4, p. 753, 2011.
These cases denied patentability to chemical intermediates for products, which had no known use. In 1955 United States Court of Appeals for the Federal Circuit in In re Brana clarified, that utility requirement for pharmaceutical inventions does not require formal approval by the Food and Drug Administration. [20]
An invention must meet several requirements to be eligible for a patent. The invention must concern patentable subject matter. [5] The invention must be novel and the application for a patent on the invention must be timely. [6] The invention must be non-obvious. [7] Finally, the invention must be sufficiently documented. [8]