Law of Patents

Chapter 3. Eligible Subject Matter and Utility

  1. Eligible Subject Matter
    Comparative Perspective: Subject Matter Eligibility Under the European Patent Convention
    1. Biomedical-Related Inventions
      Diamond v. Chakrabarty
      view pdfChakrabarty Patent No. 4,535,061
      view pdfOJ Kevles, "Ananda Chakrabarty wins a patent: Biotechnology, law, and society, 1972-1980," 25(1): 111-135 (1994)
      view pdfGene Patents and Licensing Practices and Their Impact on Patient Access to Genetic Tests (Dept. of Health and Human Services, April 2010)
      Harvard College v. Canada (Commissioner of Patents)
      view pdfHarvard Oncomouse Patent No. 4,736,866
    2. Comparative Perspective: Biotechnology and Patents in Europe
    3. Business Methods and Process-Related Patents
      Bilski v. Kappos
      view pdfBilski patent application No. 08833892
    4. Comparative Perspective: Software and Business Methods in Europe
      A Note on Design Patents
      A Note on Plant Patents
  2. Utility
    1. Operability and the Basic Utility Test
      In re Swartz
    2. Substantial Utility
      Brenner v. Manson
      In re Fisher
      view pdfUSPTO 2001 Utility Guidelines
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