製法特許
WordNet
- perform mathematical and logical operations on (data) according to programmed instructions in order to obtain the required information; "The results of the elections were still being processed when he gave his acceptance speech"
- a sustained phenomenon or one marked by gradual changes through a series of states; "events now in process"; "the process of calcification begins later for boys than for girls" (同)physical process
- (psychology) the performance of some composite cognitive activity; an operation that affects mental contents; "the process of thinking"; "the cognitive operation of remembering" (同)cognitive_process, mental_process, operation, cognitive operation
- a natural prolongation or projection from a part of an organism either animal or plant; "a bony process" (同)outgrowth, appendage
- a mental process that you are not directly aware of; "the process of denial" (同)unconscious process
- subject to a process or treatment, with the aim of readying for some purpose, improving, or remedying a condition; "process cheese"; "process hair"; "treat the water so it can be drunk"; "treat the lawn with chemicals" ; "treat an oil spill" (同)treat
- deal with in a routine way; "Ill handle that one"; "process a loan"; "process the applicants"
- obtain a patent for; "Should I patent this invention?"
- an official document granting a right or privilege (同)letters_patent
- a document granting an inventor sole rights to an invention (同)patent of invention
- (of a bodily tube or passageway) open; affording free passage; "patent ductus arteriosus"
- grant rights to; grant a patent for
- make open to sight or notice; "His behavior has patented an embarrassing fact about him"
- the top of the head (同)poll, crown
- liver or meat or fowl finely minced or ground and variously seasoned
- preparing or putting through a prescribed procedure; "the processing of newly arrived immigrants"; "the processing of ore to obtain minerals"
- subjected to a special process or treatment; "prepared ergot"; "processed cheeses are easy to spread"
- prepared or converted from a natural state by subjecting to a special process; "processed ores"
PrepTutorEJDIC
- (自然の)『作用』,過程 / (物事の)『手順』,方法 / (技術上の)製法,工程 / 召喚状,出頭令状;訴訟過程 / (動植物の組織の)隆起,突起 / 加工(処理,調整)した / 〈食品〉‘を'加工する / 〈写真フイルム〉‘を'現像する / 〈資料〉‘を'コンピューターにかける / …‘を'一定の手順で処理する,(整理する,調査する)
- 『特許』,特許権,パテント / 『専売特許品』,特許となっている製法 / 専売特許証 / (一般に特権などを授ける)公式証書 / 《名詞の前にのみ用いて》専売特許の / 《名詞の前にのみ用いて》《英話》賢い,独特な,まねのできない / 明白な / …‘の'特許[権]を取る / …‘に'特許[権]を与える
- 頭,脳天;頭脳
- パテ,肉パイ(レバー肉・魚などを小麦粉で練った菓子)
Wikipedia preview
出典(authority):フリー百科事典『ウィキペディア(Wikipedia)』「2017/02/02 17:45:53」(JST)
[Wiki en表示]
United States patent law |
Legislation |
- Title 35 of the United States Code
- American Inventors Protection Act
- America Invents Act
- Bayh–Dole Act
- Hatch-Waxman Act
|
Types of patent claims |
- Article of manufacture
- Composition of matter
- Machine
- Method
|
Procedures |
- Inter partes review
- Markman hearing
- Reexamination
|
Other topics |
- United States Patent and Trademark Office
- Patent Trial and Appeal Board
- Infringement
- Term of patent
- Manual of Patent Examining Procedure (MPEP)
- History
- Biological patents
- Software patents
- List of patent law cases
|
|
In United States patent law, a method, also called "process", is one of the four principal categories of things that may be patented through "utility patents". The other three are a machine, an article of manufacture (also termed a manufacture), and a composition of matter.[1]
In that context, a method is a series of steps for performing a function or accomplishing a result.[2] While the terms method and process are largely interchangeable,[3] method usually refers to a way to use a product to accomplish a given result, and process usually refers to a series of steps in manufacture. Thus, one might speak about a method for curing headaches that comprises the administration of a therapeutically effective dose of aspirin or speak about a process for making soap or candles.
Not all methods, in the dictionary sense, are methods for purposes of United States patent law. The case law "forecloses a purely literal reading of § 101."[4] The concept is elaborated in the article machine-or-transformation test.
Previously, a method patent claim could be infringed only when a single person or entity practices all claimed steps.[5] Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to perform all the steps together. This rule was changed in Akamai Tech. v. Limelight Networks (Fed. Cir. 2012).[6] That case, however, was granted an appeal before the U.S. Supreme Court. The case was decided and the circuit court ruling was reversed on Monday, June 2, 2014 (docket number 12-786).[7]
The European Patent Convention does not mention method patents (called process patents) so prominently, and the same applies to the TRIPS Agreement. The prime characteristic of process patents in these treaties is that "the protection conferred by the patent shall extend to the products directly obtained by such process".[8] Art. 28(1)(b) TRIPS provides a similar rule. This shows the historical background of process patents in chemistry, where there was a need to protect new processes to manufacture known substances.[citation needed]
See also
References
- ^ "Types of Patents". Technology Assessment and Forecast data base. USPTO. 1 June 2000. Retrieved July 11, 2012.
Utility Patent- Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, (...)
- ^ See Gottschalk v. Benson, 409 U.S. 63, 70 (1972) (“A process is a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing.”). See also In re Kollar, 286 F.3d 1326, 1332 (Fed. Cir. 2002) (“[A] process...consists of a series of acts or steps.... It consists of doing something, and therefore has to be carried out or performed.”).
- ^ section 100(b) of the US patent act, 35 U.S.C. sec. 100(b), states that "[t]he term 'process' means process, art, or method, and includes a new use of a known process. . . ."
- ^ Parker v. Flook, 437 U.S. 584, 589 (1978). In Gottschalk v. Benson, 409 U.S. 63, 64 (1973), the Court said, "The question is whether the method described and claimed is a 'process' within the meaning of the Patent Act." See also In re Bilski ("But the Supreme Court has held that the meaning of 'process' as used in § 101 is narrower than its ordinary meaning.").
- ^ "[A] method claim is only infringed when a single party can be charged with performing each step of the asserted claim." Muniauction v. Thomson Corp. and i-Deal, (Fed. Cir. 2008) opinion
- ^ Akamai Tech. v. Limelight Networks (Fed. Cir. 2012) ipwatchdog review of decision
- ^ Akamai Tech. v. Limelight Networks (S.C.o.t.U.S. docket #12-786) LIMELIGHT NETWORKS v. AKAMAI TECHNOLOGIES
- ^ Article 64(2) EPC
UpToDate Contents
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English Journal
- The ubiquitin-proteasome pathway an emerging anticancer strategy for therapeutics: a patent analysis.
- Jain CK1, Arora S, Khanna A, Gupta M, Wadhwa G, Sharma SK.
- Recent patents on anti-cancer drug discovery.Recent Pat Anticancer Drug Discov.2015 May 8;10(2):201-13.
- The degradation of intracellular proteins is targeted by ubiquitin via non-lysosomal proteolytic pathway in the cell system. These ubiquitin molecules have been found to be conserved from yeast to humans. Ubiquitin proteasome machinery utilises ATP and other mechanisms for degrading proteins of cyto
- PMID 25877716
- A concept ideation framework for medical device design.
- Hagedorn TJ1, Grosse IR2, Krishnamurty S3.
- Journal of biomedical informatics.J Biomed Inform.2015 May 6. pii: S1532-0464(15)00077-5. doi: 10.1016/j.jbi.2015.04.010. [Epub ahead of print]
- Medical device design is a challenging process, often requiring collaboration between medical and engineering domain experts. This collaboration can be best institutionalized through systematic knowledge transfer between the two domains coupled with effective knowledge management throughout the desi
- PMID 25956618
- Invention as a combinatorial process: evidence from US patents.
- Youn H1, Strumsky D2, Bettencourt LM3, Lobo J4.
- Journal of the Royal Society, Interface / the Royal Society.J R Soc Interface.2015 May 6;12(106). pii: 20150272. doi: 10.1098/rsif.2015.0272.
- Invention has been commonly conceptualized as a search over a space of combinatorial possibilities. Despite the existence of a rich literature, spanning a variety of disciplines, elaborating on the recombinant nature of invention, we lack a formal and quantitative characterization of the combinatori
- PMID 25904530
Japanese Journal
- 工学系学部における知的財産教育の現状と学習支援システム開発の展開 (教育工学)
- 電子情報通信学会技術研究報告 = IEICE technical report : 信学技報 116(351), 55-60, 2016-12-10
- NAID 40021059823
- 化学・医薬分野における均等侵害について : 知財高裁平成28年3月25日判決(平成27年(ネ)第10014号) : マキサカルシトール製法特許大合議事件判決他
- A.I.P.P.I. = 一般社団法人日本国際知的財産保護協会月報 : Journal of the Japanese Group of the International Association for the Protection of Intellectual Property 61(9), 787-804, 2016-09
- NAID 40020973176
- プロダクト・バイ・プロセス・クレームに関する実務についての提言
Related Links
- Step 1, Applicant - Has your invention already been patented? Search the Patent Full-Text and Full-Page Image Databases If already patented, end of process If not already patented, continue to Step 2 Step 2, Applicant - What type ...
- An overview of a patent application and maintenance process ... There are three types of patents - Utility, Design, and Plant. General Information Concerning Patents Utility Patent Utility patents may be granted to anyone who ...
★リンクテーブル★
[★]
- 特許の、特許権を持つ。商標を登録された
- (医)開存性の、開通性の。開放されている
- 明白な、歴然たる、判然とした、見え透いた
- 関
- patency, trademark
[★]
- 関
- course、fashion、manner、means、method、mode、procedure、processing、protrusion、way
[★]
- 関
- application、handle、process、transaction、treat、treatment