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51 relations: Alice Corp. v. CLS Bank International, Anthony Kennedy, Appeal procedure before the European Patent Office, AT&T Corp. v. Excel Communications, Inc., Bilski v. Kappos, Board of Patent Appeals and Interferences, Business process, Case law, Concurring opinion, DDR Holdings v. Hotels.com, E-commerce, EBay Inc. v. MercExchange, L.L.C., European Patent Convention, Ex parte Bowman, Ex parte Lundgren, Funk Bros. Seed Co. v. Kalo Inoculant Co., Gottschalk v. Benson, Graham v. John Deere Co., In re Bilski, Industrial applicability, Insurance policy, Internal Revenue Service, International Patent Classification, Invention, Inventive step and non-obviousness, Jurisdiction, Lottery, Machine-or-transformation test, Manual of Patent Examining Procedure, Mayo Collaborative Services v. Prometheus Laboratories, Inc., National Research Development Corporation v Commissioner of Patents, Novelty (patent), Parker v. Flook, Patent claim, Patent Trial and Appeal Board, Patentability, Patentable subject matter, Software patent debate, State Street Bank & Trust Co. v. Signature Financial Group, Inc., Supreme Court of the United States, T 931/95, Tax, Tax patent, Tontine, TRIPS Agreement, United States Court of Appeals for the Federal Circuit, United States Patent Classification, United States Patents Quarterly, Utility (patent), World Intellectual Property Organization, ..., World Trade Organization. Expand index (1 more) »
Alice Corp. v. CLS Bank International
Alice Corp.
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is the senior Associate Justice of the Supreme Court of the United States.
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Appeal procedure before the European Patent Office
The European Patent Convention (EPC), the multilateral treaty instituting the legal system according to which European patents are granted, contains provisions allowing a party to appeal a decision issued by a first instance department of the European Patent Office (EPO).
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AT&T Corp. v. Excel Communications, Inc.
AT&T Corp.
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Bilski v. Kappos
Bilski v. Kappos, 561 U.S. 593 (2010), was a case decided by the Supreme Court of the United States holding that the machine-or-transformation test is not the sole test for determining the patent eligibility of a process, but rather "a useful and important clue, an investigative tool, for determining whether some claimed inventions are processes under § 101." In so doing, the Supreme Court affirmed the rejection of an application for a patent on a method of hedging losses in one segment of the energy industry by making investments in other segments of that industry, on the basis that the abstract investment strategy set forth in the application was not patentable subject matter.
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Board of Patent Appeals and Interferences
The Board of Patent Appeals and Interferences (BPAI) was an administrative law body of the United States Patent and Trademark Office (USPTO) which decided issues of patentability.
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Business process
A business process or business method is a collection of related, structured activities or tasks that in a specific sequence produces a service or product (serves a particular business goal) for a particular customer or customers.
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Case law
Case law is a set of past rulings by tribunals that meet their respective jurisdictions' rules to be cited as precedent.
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Concurring opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.
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DDR Holdings v. Hotels.com
DDR Holdings, LLC v. Hotels.com, L.P.,, is the first United States Court of Appeals for the Federal Circuit decision to uphold the validity of computer-implemented patent claims since the Supreme Court’s decision in Alice Corp. v. CLS Bank International.
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E-commerce
E-commerce is the activity of buying or selling of products on online services or over the Internet.
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EBay Inc. v. MercExchange, L.L.C.
eBay Inc.
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European Patent Convention
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted.
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Ex parte Bowman
Ex Parte Bowman 61 U.S.P.Q.2d 1669 (Bd. Pat. App. & Int. 2001) was a decision by the U.S. Board of Patent Appeals and Interferences which asserted that in order to be patent-eligible, a process had to involve or promote the technological arts.
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Ex parte Lundgren
Ex parte Lundgren is a decision by the United States Patent and Trademark Office board of appeals, i.e. the Board of Patent Appeals and Interferences (BPAI), that asserts that process inventions do not have to be in the technological arts in order to be patentable in the United States.
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Funk Bros. Seed Co. v. Kalo Inoculant Co.
Funk Brothers Seed Co.
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Gottschalk v. Benson
Gottschalk v. Benson, 409 U.S. 63 (1972), was a United States Supreme Court case in which the Court ruled that a process claim directed to a numerical algorithm, as such, was not patentable because "the patent would wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself." That would be tantamount to allowing a patent on an abstract idea, contrary to precedent dating back to the middle of the 19th century.
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Graham v. John Deere Co.
Graham v. John Deere Co., 383 U.S. 1 (1966), was a case in which the United States Supreme Court clarified the nonobviousness requirement in United States patent law, set forth in 35 U.S.C. § 103.
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In re Bilski
In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), was an en banc decision of the United States Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods.
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Industrial applicability
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry.
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Insurance policy
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the insured, known as the policyholder, which determines the claims which the insurer is legally required to pay.
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Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service of the United States federal government.
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International Patent Classification
The International Patent Classification (IPC) is a hierarchical patent classification system used in over 100 countries to classify the content of patents in a uniform manner.
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Invention
An invention is a unique or novel device, method, composition or process.
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Inventive step and non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented.
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Jurisdiction
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.
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Lottery
A lottery is a form of gambling that involves the drawing of numbers for a prize.
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Machine-or-transformation test
In United States patent law, the machine-or-transformation test is a test of patent eligibility under which a claim to a process qualifies for consideration if it (1) is implemented by a particular machine in a non-conventional and non-trivial manner or (2) transforms an article from one state to another.
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Manual of Patent Examining Procedure
The Manual of Patent Examining Procedure (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners.
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Mayo Collaborative Services v. Prometheus Laboratories, Inc.
Mayo v. Prometheus, 566 U.S. 66 (2012),.
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National Research Development Corporation v Commissioner of Patents
National Research Development Corporation v Commissioner of Patents, alson known as the NRDC case,.
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Novelty (patent)
Novelty is a requirement for a patent claim to be patentable.
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Parker v. Flook
Parker v. Flook, 437 U.S. 584 (1978), was a 1978 United States Supreme Court decision that ruled that an invention that departs from the prior art only in its use of a mathematical algorithm is patent-eligible only if the implementation is novel and nonobvious.
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Patent claim
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application.
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Patent Trial and Appeal Board
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability.
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Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent.
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Patentable subject matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection.
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Software patent debate
The software patent debate is the argument about the extent to which, as a matter of public policy, it should be possible to patent software and computer-implemented inventions.
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State Street Bank & Trust Co. v. Signature Financial Group, Inc.
State Street Bank and Trust Company v. Signature Financial Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998), also referred to as State Street or State Street Bank, was a 1998 decision of the United States Court of Appeals for the Federal Circuit concerning the patentability of business methods.
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Supreme Court of the United States
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.
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T 931/95
T 931/95, commonly known as Pension Benefit Systems Partnership, is a decision of a Technical Board of Appeal of the European Patent Office (EPO), issued on September 8, 2000.
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Tax
A tax (from the Latin taxo) is a mandatory financial charge or some other type of levy imposed upon a taxpayer (an individual or other legal entity) by a governmental organization in order to fund various public expenditures.
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Tax patent
This is the earliest patent currently classified by the USPTO in 705/36T --> A tax patent is a patent that discloses and claims a system or method for reducing or deferring taxes.
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Tontine
A tontine (English pronunciation) is an investment plan for raising capital, devised in the 17th century and relatively widespread in the 18th and 19th centuries.
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TRIPS Agreement
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO).
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United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit (Federal Circuit; in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges.
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United States Patent Classification
The United States Patent Classification is an official patent classification system used and maintained by the United States Patent and Trademark Office (USPTO).
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United States Patents Quarterly
The United States Patents Quarterly (U.S.P.Q.) is a United States legal reporter published by the Bureau of National Affairs in Washington, D.C. The U.S.P.Q. covers intellectual property cases including patents, copyrights, trademarks, and trade secrets, from 1913 to the present.
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Utility (patent)
In United States patent law, utility is a patentability requirement.
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
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World Trade Organization
The World Trade Organization (WTO) is an intergovernmental organization that regulates international trade.
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Business Method Patents, Business method (patent), Business method patents, Business method process patent, Business process patent, Business-Method Patents, Business-method patent, Patents on Methods of Doing Business.
References
[1] https://en.wikipedia.org/wiki/Business_method_patent
