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Patentable subject matter under the US Patent Act, 1952: Cases
Abstract
What is patentable subject matter under the U.S. Patent Act, 1952 is governed by Section 101. Case law related to this Section has an interesting history. It led to the patenting of living matter, soft-ware inventions, and business methods, all of which were believed to be unpatentable before the courts decided otherwise. Even after decades of litigation involving Section 101, its interpretation is not yet settled. There is no surer way to misread any document than to read it literally . . . . As nearly as we can, we must put ourselves in the place of those who uttered the words, and try to difine how they would have dealt with the unforeseen situation; and, although their words are by far the most decisive evidence of what they would have done, they are by no means final.
... In the year 1952, the US patent law was enacted to do the real changes in the previous patents acts [20,21]. It basically incorporated the requirement for invention and the judicial doctrine of contributory infringement. ...
The country's rank in the international market can be assessed by the technology it has, how many Intellectual property rights (IPR) it own or other intellectual things. The IPR have been defined as ideas, inventions, and creative expressions based on which there is a public compliance to bequeath the status of property. They provide certain rights that benefit the owner and provide social benefit to them too. Each company establishes its own research and development department so that they could get some patent of new or novel things and this provide the economic edge over the others. The World Trade Organization's agreement on trade related aspects of Intellectual Property Rights is also providing the protection to the world on global scale. This review elaborately explains the origin and protection of individual IPR, in detail.
Nowadays, biotechnologies are among the most interesting areas of science. Their development, fostered by intellectual property (IP) rights' protection, leads to useful progress. Nonetheless, when, as with biotech inventions, environmental protection is at stake, this progress is not without controversy. The present contribution aims at examining the interferences between IP and environmental protection, as emerging in the framework of the European Patent Convention. To this extent, it will focus on the function and on the limits of the ordre public exception clause, with the purpose of suggesting a new role for science in disputes for revocation of biotech patents.
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