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Patents Skeleton Outline

Law Outlines > Intellectual Property: Patents Outlines

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.

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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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