Mondaq: The Narrowing Of Patentable Subject Matter By The Federal Circuit: In re Nuijten And In re
Forum » Resources / News picks » Mondaq: The Narrowing Of Patentable Subject Matter By The Federal Circuit: In re Nuijten And In re
Started by: zoobabzoobab
Date: 27 Dec 2007 15:08
Number of posts: 1
rss icon RSS: New posts
Summary:
Until very recently, the scope of patentable subject matter under the Patent Act encompassed four categories – process, machine, manufacture, or composition of matter. These were broadly construed to encompass just about anything manmade. However, with the In re Nuijten and In re Comiskey opinions, explained and compared in this article, the Federal Circuit substantially narrowed what was previously thought to be within the purview of 35 U.S. C. § 101. The Federal Circuit held that a business method, if not combined with a machine, is not patentable, and that a signal, on its own, is similarly not patentable. These decisions create three new conditions for patentability not previously recognized by case law: a "technological arts" requirement, a "non-transience requirement, and a "tangibility" requirement.
New Post