Intellectual Property Boston College Law School February 28, 2007 Patent - Enablement.

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Presentation transcript:

Intellectual Property Boston College Law School February 28, 2007 Patent - Enablement

Requirements (1) Patentable Subject Matter (2) Novelty (3) Utility (4) Nonobviousness (5) Enablement

Enablement 35 U.S.C. § 112. Enablement –“The specification shall contain 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, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.”

Edison Sawyer & Man claim –(1) An incandescing conductor for an electric lamp, of carbonized fibrous or textile material …

Gentry Gallery v. Berkline A sectional sofa comprising: … –a pair of reclining seats disposed in parallel … –a fixed console disposed in the double reclining seat section between the pair of reclining seats … –and a pair of control means, one for each reclining seat; mounted on the double reclining seat sofa section

Berkline Sofa

Administrative Next Assignment –Through IV.C.2 – Literal Infringement

Written Description Specification Enabled Described Claim 1 (Original) Claim 2 Enabled: everything inventor teaches to one skilled in art Described: everything inventor “adequately describes” to one in the art: everything the inventor shows he/she is in possession of or contemplates as embraced by the invention