Requirements an Invention must have to be able to be Patented
- Subject matter
- Utility. The utility only has to be theoretical
- Disclosure has to be as broad as the protection sought
- Experimentation to recreate is allowed, but not undue experimentation
- The disclosure has to be so that someone skilled in the art can recreate the invention.
- Ones needs a written description in addition to enablement
- The disclosure has to be the best mode to enable (if known to the inventor)
What rights does a patent grant give you
The ability to stop others from doing the following for the invention:
- offering for sale
35 USC 101 - subject matter and usefulness
35 USC 102 - novelty
35 USC 103 - non-obvious
35 USC 112 - written discription
35 USC 271 - infringement
35 USC 283 - injunction
35 USC 284 - damages
- Lockwood v. American Airlines, Inc
- Amazon.com, Inc. v. barnesandnoble.com, inc.
- Graham v. John Deere Co.
- KSR International Co. v. Teleflex Inc.
- In re Dembiczak
- In re Vaeck