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Requirements an Invention must have to be able to be Patented

  1. Subject matter
  2. Novelty
  3. Utility. The utility only has to be theoretical
  4. Non-trivial
  5. Disclosure
    1. Disclosure has to be as broad as the protection sought
    2. Experimentation to recreate is allowed, but not undue experimentation
    3. The disclosure has to be so that someone skilled in the art can recreate the invention.
    4. Ones needs a written description in addition to enablement
    5. 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:

  1. making
  2. using
  3. selling
  4. offering for sale
  5. importing


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

Case Law

Subject Matter

Diamond v. Chakrabarty

Parke-Davis & Co. v. H. K. Mulford Co.

State Street Bank and Trust v. Signature Financial

Non Obvious

Written Description

The Gentry Gallery, Inc. v. The Berkline Corp.

Doctrine of Equivalents

Festo Corp. v. Shoketsu

Johnson and Johnson v. R. E. Service