Business Method Patents: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, First Session, April 4, 2001U.S. Government Printing Office, 2001 - 59 lappuses |
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AIPLA airline American Inventors Protection believe Berman bill BOUCHER business method applications business method inventions business method patents Chairman challenge COBLE Commerce concerns CONGRESS THE LIBRARY decision eligible for patent ensure Federal Circuit fees fields of technology filed GODICI GRESS implemented improve industry innovation Intellectual Property inter partes reexamination Internet Inventors Protection Act issued Kirk legislation LIBR LIBRA LIBRARY OF CONGRESS litigation Members ment method patent applications Methods Patent Initiative Myrick ness method patents non-obviousness non-patent opposition proceeding Patent and Trademark patent applications patent claims Patent Examining patent grant patent law patent protection patent quality patenting of business PREPARED STATEMENT Priceline prior art prior use defense PTO's question RARY requirements RESS reverse auction Signature Financial statutory Steinberg Street decision Subcommittee on Courts subject matter Thank third party tion Trademark Office Travelocity United States Patent USPTO validity
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11. lappuse - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
11. lappuse - Congress intended statutory subject matter to "include anything under the sun that is made by man." The Patent and Trademark Office now considers nonnaturally occurring non-human multicellular living organisms, including animals, to be patentable subject matter within the scope of 35 USC 101 . The...
11. lappuse - Congress shall have power to promote the progress of science and useful arts by securing for limited times to inventors the exclusive right to their respective discoveries.
51. lappuse - ... capable of industrial application. Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.
24. lappuse - Once claims have been properly construed, "[t]he second step in an obviousness inquiry is to determine whether the claimed invention would have been obvious as a legal matter, based on underlying factual inquiries including: ( 1 ) the scope and content of the prior art, (2) the level of ordinary skill in the art...
50. lappuse - Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
51. lappuse - The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.
8. lappuse - AIPLA, he served as deputy assistant secretary of Commerce and deputy commissioner of patents and trademarks from May 1994 through March 1995.
57. lappuse - business method" exception has merely represented the application of some general, but no longer applicable legal principle, perhaps arising out of the "requirement for invention" — which was eliminated by §103. Since the 1952 Patent Act, business methods have been, and should have been, subject to the same legal requirements for patentability as applied to any other process or method.
17. lappuse - The Committee Reports accompanying the 1952 Act inform us that Congress intended statutory subject matter to "include anything under the sun that is made by man.