iii Note An invention can be described EITHER as a product OR as a process 1

Iii note an invention can be described either as a

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iii.Note: An invention can be described EITHER as a product OR as a process.
1. Example: You invent the shovel. You can patent the product of the shovel itself. Then you can patent the process of using the shovel to dig dirt. a.If you forget to patent the additional uses, someoneelse can patent additional processes.For example, you only patent the shovel’s process for digging dirt but not snow. Someone else can patent the idea of using yourshovel to move snowb. Policy:this forces the parties to have a relationship through blocking patents. To patent the shoveling of snow, need permission from A. Therefore to use B’s process of shoveling snow, may need permission of both A & B. c.Two Ways of thinking about Section 101i.101 lets in everything (as long as it otherwise qualifies under statute)ii.or 101 Excludes SOME things1.There is some stuff that even if novel, non obvious, and adequately described, is not welcomed to the patent systema.Exclusionsi.Naturally occurring thingsii.Algorithms/Principles of science1.No E=MC^2iii.Living Things (Prior to Chakrabarty)- Cannot patent a personb.Some things are at issuei.Business methodsii.Software2.Under this view, we are leaving out categories, it is not that the invention did not meet some criteria of patent law3.Policy behind Exclusion: It may that there are other areas that are better suited to cover inventions, like trade secret law. Universities could fund such theories of science. Typically, whatpeople are saying is that we don’t want the things being excluded, but there is a better way, some other system to get ustherea.Principles of science may be discoverable via university fundingb.Software may be protected via trade secretsc.Living things may be encouraged better via NIH fundingd.Business methods may not need to be incentivized because they are not expensive to create and businesses oudl invent them regardless due to competitione.First mover advantages may give adequate benefits to encourage innovation. III.Statutorily Included PRODUCTS (Machines, Manufactures, Compositions of Matter)a.Non-naturally occurring living things are judicially included as manufactures or compositions of matter.
i.Case: Diamond v. Chakrabarty (U.S. Supreme Court)1. Facts: Chakrabarty genetically engineered by introducing in DNA bacteria capable of breakdown multiple components of crude oil- good for treatment of oil spills. a.First Claim:b.Second Claim: c.Claim at issue: Chakrabarty sought to patent the bacteria itself2. Issue: Whether a live, human-made micro-organism is patentable subject matter under 35 U.S.C Section 1013. Holding: Non-Naturally occurring living organisms are patentable4. Reasoning: a.Broad Scope of Patent Law: Congress was given powerby the Constitution to enact patent laws, and they had the intent for the subject matter to have a broad scope.

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