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What are claims?

One of the most common questions that we receive at Global IPA is “What are claims?” This is actually an extremely important question that is critical for inventors to understand before they approve of any patent application to be filed because it touches every facet of the patenting process and is at the core of why the inventor should be seeking a patent in the first place. Claims are the most important part of the patent application because they define the scope of the patentable right that the applicant is seeking with the patent application. This means that a claim …Read more

DNA Patents – A Myriad of Misconceptions

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Journalists and legal analysts have once again worked themselves up into a nearly bacchanalian revelry as the United States Supreme Court handed down another opinion addressing patent eligible subject matter this past week. Long the subject of public fascination, patent eligible subject matter cases include lengthy legal and philosophical discussion on whether a particular type of idea or invention should be entitled to patent protection pursuant to Article 1, Section 8, Clause 8 of the U.S. constitution.  (“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their …Read more

Patentability: Does your invention meet the letter of the law?

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In the United States Title 35 of the United States Code U.S.C. governs the intellectual property right to patent an invention.  The right to a patent is actually unique in law as it provides for one of the very limited occasions where the government will impose what is considered in the legal world as a negative right.  A patent actually does not afford an inventor a specific right as much as it operates to restrain the right of another.  In the case of a patent the right that is restrained is the right of all others to sell, manufacture or …Read more