Abstracts » Law

Written description guidelines and utility guidelines

Article Abstract:

The author discusses the U.S. Patent and Trademark Office Revised Interim Guidelines for Examination of Patent Applications Under the 35 U.S.C. s. 112, s. 1 "Written Description" Requirement. The discussion focuses on procedural matters but includes substantive and policy issues.

Other Justice, Public Order, and Safety Activities, Patent Law, Standards, Patents

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Patentability of computer related inventions in the United States Patent and Trademark Office

Article Abstract:

The United State Patent and Trademark Office (PTO) has issued examination guidelines for computer related inventions' applications, beginning in 1995 and prompted by four US Court of Appeals decisions. Previously, the Freeman-Walter-Abele two part test had been used to determine claims containing mathematical subject matter, but the court decisions have moved toward relying on primary authorities. The guidelines have been issued to ensure uniformity and consistency in determining exactly what the applicant has invented and its patentability.

Computers, Digital computers, Practice, Intellectual property, United States. Patent and Trademark Office

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Patent eligibility in view of State Street and AT&T v. Excel Communications

Article Abstract:

The article discusses two rulings of the United States Court of Appeals for the Federal Circuit confirming that 35 USC 101 provides basis for the granting of patents for business-related processes. The first, State Street Bank & Trust Co. v. Signature Financial Group, was handed down in 1998, while A.T.&T. v. Excel Communications came a year later.

Cases, Patent licenses, Patent licensing

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