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Inventive concept | 335 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Inventive concept
Authored by: Anonymous on Wednesday, July 11 2012 @ 02:36 PM EDT
"An inventive concept is also one of the aspects of patentable subject
matter, is it not?"

No it is not.

There are 3 main questions that are considered before a patent is issued with
regard to the claimed invention.

1) Is it new?
2) If it is new, is it also not obvious? and

3) Is it one of the kinds of things for which a patent can be granted. That is:
is it a method or a machine, or an article of manufacture or a composition of
matter (i.e., chemical).

For instance, you can't get a patent for a name because a name is not a machine
or a method or a composition of matter.

The question before the court in this particular case was only do the claims
recite the kind of things that are patentable.

The answer is clearly yes. They recite methods or machines depending on which
claim you are discussing.

[ Reply to This | Parent | # ]
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