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The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the USPTO registration examination, or the patent bar examination ...
Patentable subject matter in the United States is governed by 35 U.S.C. 101. The current patentable subject matter practice in the U.S. is very different from the corresponding practices by WIPO / Patent Cooperation Treaty and by the European Patent Office , and it is considered to be broader in general.
"Wherein" clauses limit the scope of the claim. [21] Other forms of purpose language are "whereby" and "thereby" clauses, similar to the "wherein" clauses just described, [22] and statements of intended use in a claim preamble (depending on facts of case, preamble may or may not limit claim scope; in this case it was the "essence of the ...
To be patentable, a technology must not only be "new" but also "non-obvious." The US requirement for non-obviousness corresponds to the inventive step requirement in other countries. An "invention" is obvious (and therefore ineligible for a patent) if a person of "ordinary skill" in the relevant field of technology would have thought the ...
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".
First, the Internet is not a "particular machine." The Internet is an intangible abstraction. Second, the limitation to a particular technological environment is a mere field-of-use limitation, which does not suffice under sec. 101. Third, the use of the Internet does not impose meaningful limits on the preemptive scope of the claims.
The phrase to promote the Progress of Science defines the purpose of the patent system, which is to encourage private investments into fundamental science research rather than to grant monopoly on something that is taken from a public domain (or on something that limits the opportunities for doing research, e.g. research tools are not patentable).
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]