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Legal Memorandum: Registration of Patents, Copyrights and Trademarks

Issue: REGISTERING PATENTS, COPYRIGHTS AND TRADEMARKS

Area of Law: Intellectual Property Law
Keywords: Patents, Copyrights and Trademarks; Rregistration
Jurisdiction: Federal
Cited Cases: 182 F. Supp. 106
Cited Statutes: 35 U.S.C. § 102, 103, 111, 112, 113, 115, 131, 154(a)(2); 35 U.S.C. § 41; 37 C.F.R. §§ 1.16-1.21; 17 U.S.C. § 408, 411, 409, 401(b), 302; 15 U.S.C. § 1051, et seq., § 1051(a)(2), § 1051(a)(3), 1063, 1058, 37 C.F.R. § 2.6(a)(1)(i)
Date: 07/01/2006

 “In order to qualify for patentability, an invention must fulfill the three criteria of novelty, usefulness and non-obviousness to one having ordinary skill in the art to which the subject of the claimed invention pertains.”  Rosenberg v. Standard Food Prods. Corp., 331 F. Supp. 1065, 1067 (E.D.N.Y. 1971).  Logically, a product or process previously known by others is not invented by the claimant and may not obtain a patent.  35 U.S.C. § 102.  Likewise, a product or process is similarly unpatentable if “the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains”  Id. § 103.  Finally, “usefulness as required by [§ 101] . . . is a relative term.  It implies practicability as distinguished from perfection.”  Curtiss-Wright Corp. v. Link Aviation, 182 F. Supp. 106, 123 (N.D.N.Y. 1959). 

An invention meeting these three criteria is patentable by submitting a written application to the PTO.  35 U.S.C. § 111.  The application shall include “a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise and exact terms as to enable any person skilled in the art to which it pertains . . . to make and use the same, and shall set forth the best mode contemplated . . . of carrying out his invention.”  Id. § […]

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