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"manmade cDNA is patent eligible because it is not naturally occurring" | 545 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"manmade cDNA is patent eligible because it is not naturally occurring"
Authored by: Anonymous on Thursday, June 13 2013 @ 08:06 PM EDT
IANAL. But as I understand it:

"For example, I understand that you can't patent copper or tin. But can
you patent a mixture of copper and tin called bronze?"

Yes (subject to prior art). The properties of bronze are significantly
different from either copper or tin.

"Can you patent a specific mixture, e.g. 2/3 copper?"

Yes, especially if it has specific desirable properties.

"Can you patent all possible mixtures of tin and copper?"

No.

"Can you patent all possible mixtures of all metals?"

Even more no.

MSS2

[ Reply to This | Parent | # ]

Yes, actually one can
Authored by: celtic_hackr on Friday, June 14 2013 @ 01:14 AM EDT
It's possible to patent chemical formulas. As crazy stupid as that is nowadays.
That's one of the main reasons why rechargeable batteries are so expensive.
Numerous patents exist on various lithium battery chemistries. In fact one guy
"invented" a battery with a specific chemistry and then claimed every
other conceivable combination of similar compounds. It's really unbelievable
what gets through the Patent Office.

[ Reply to This | Parent | # ]

Yes you can, but...
Authored by: Anonymous on Saturday, June 15 2013 @ 09:22 AM EDT
You have to give a specific range of alloy composition
required for the benefit and claimed, along with a detailed
statement of the specific benefits of that range of
constituents, and a process for making that alloy (if it
requires a special process).

If you try to claim an overbroad range or simply stake a
claim without giving the benefits or useful ranges, or if it
turns out that it is impossible to make your alloy without a
special process (say to prevent some constituents
crystallising out), then you will find your patent
application rejected.

At least that is supposed to be how it is done. In the case
of the USPTO however it seems to be a case of checking that
your patent fees have been paid and then rubber stamping it.

[ Reply to This | Parent | # ]

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