The point of this blog is to capture my own class notes during my tenure as a law student. Everything on here is my own work and reflects the knowledge and understanding of the law I possessed at the time. This work is licensed under a Creative Commons Attribution-Noncommercial 3.0 License. Please do not rely on this blog for legal advice. Consult an attorney for proper legal counseling.

April 30, 2008

Patents: elements required to be granted a patent
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  • Subject matter: living organisms, YES; math, NO (see Diamond v. Chakrabarty)
  • Novelty/Non-obviousness
  • Utility/Usefulness
  • Non-triviality
  • Adequate Disclosure: enablement and written description
See Patent Act Section 101: 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.