Patents 1

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Patents 1

• Subject Matter Life?

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Patent Law Essentials

• Provides exclusive 20-year monopoly for defined
  patent claims
• In return for the invention and specifications
  disclosing the manner and process of making and
  using it
• If for proper subject matter, and
• If distinct (not reading on prior art)

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A Brief history

• By permission of the king a form of
  semi-permanent monopoly in deep history
• In 1624, a reaction to permanent monopolies the
  Statute of Monopolies
• Limited term to 14 years
• U.S. Law enacted in 1790 for any useful article,
  manufacture, engine, machine or device, or any
  improvement therein

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Present Environment

• From a position of initial suspicion, the United
  States has become the most ardent proponent of
  patent rights internationally
• Within the United States, huge stakes attend the
  competition for most patents among tech
  companies, such IBM and HP/Compaq
• Patents have strategic consequences, involving
  market planning and litigation

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Diamond v. Chakrabarty The Statutory Setting

• Contemporary statute (101) any NEW AND useful
  PROCESS, machine, manufacture, OR COMPOSITION OF
  MATTER additions since 1790 in caps
• 1930 Plant Patent Act asexual repro
• 1970 Plant Variety Protection Act sexual
  reproduction

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Why is life-form patentable?

• Natural laws, abstract ideas, handiwork of
  nature are NOT patentable
• Manufactures and compositions of matter ARE
  patentable
• Which is a new microorganism?
• Key 1 products of nature, or man-made?
• Key 2 mere technical interpretation of statute
  (that could be overruled)

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Implications

• Are stem cells patentable?
• Are animals patentable?
• Are unique genetic sequences, like clones,
  patentable?
• Is the information revealed by particular genetic
  sequences itself a form of private property?

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State Street v. Signature

• Watch procedure Patent prosecution leads to
  licensing negotiations leads to litigation (DJ by
  State Street)
• Subject hub and spoke data processing system for
  implementing an investment structure
• Laws, phenomena, and ideas not patentable
• Here, argued to be unpatentable algorithms and/or
  business methods
• But mere presence of an algorithm does not
  disqualify it, and now business methods ARE
  patentable

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Some Special Issues

• Some new use patents are now issued
• But not under Plant Patent Act
• Utility patents are now favored over the plant
  patent acts after Chakrabarty

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Next class Novelty and Statutory Bar