This is an extract of our Patents Skeleton document, which we sell as part of our Intellectual Property: Patents Outlines collection written by the top tier of Stanford Law School students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Intellectual Property: Patents Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Patents Skeleton Validity
1. Patentable subject matter (SS101)
? Excludes: o A. Laws of nature (Mayo) o B. Products of nature o C. Abstract ideas (Bilski, Alice)Test: Abstract idea + Inventive concept
2. Specification and Procedure:
? 1. Enablement (SS112 (a)): Can PHOSITA do it?
o Problem with Genus claims o Avoid undue experimentation?
2. Written description (SS112 (b)): Are the claims supported in the specification?
3. Definiteness: Are the claims too broad?
o For PHOSITA + Specification + Prior art4. Means+Function (SS112 (f)): o Construed as per specification + equivalents thereof at the time of issuance
3. Novelty (SS102):Prior art: (SS102 (a)) o 1. Patents (SS102 (a)(2)
? i. Issued or prior applications
? ii. Effectively filed before
? ? Priority: (SS102 (d)) o International priority o If a divisional, date of the motherSecret prior art problem: We won't learn until it's publishedPre-AIA: Invented beforeiii. Name another inventor? Except if (SS102 (b)(2)):
? A. Obtained directly or indirectly from another inventor
? B. Disclosed by inventor
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