The Patent Act
Which section of the Patent Act requires an invention be useful?
Section 2
Ozempic
Composition of matter
A method of treating cows to increase milk production
Yes
It is a process, not a method of medical treatment
Gravity
Abstract theorem
The term "Teflon"
Trade-mark
What are the 4 criteria for determining patentability?
Novelty, Utility, Patentable subject matter and non-obviousness
A stapler
Machine
A method of using a new toothpaste to brush teeth
No.
Method of medical treatment.
Plant seeds
Plant Breeder's Act
Higher life form
Lettering font
Industrial design
What is inventive step and what approach is used to assess it?
Non-obviousness or inventive ingenuity
Sanofi 4-step approach
A method of diagnosing sleep-related breathing disorders
Process
A photograph
No - fine art
Yes - manufacture, method, composition of matter
A “safety razor” in which the “dangerous sharp edge” is permanently encased in a protective plastic coating
Inoperable - not useful
A software program
Copyright
What section of the Patent Act addresses novelty?
Section 28.2
A dam wall with a shaped defined by a mathematical equation
Manufacture
A new recipe for double chocolate TimBits (TM)
Yes
Process
A method of injecting Botox to prevent wrinkles
Professional skill.
Not MMT since it's purely cosmetic, not treatment
Layout-design of an integrated circuit
Integrated Circuit Topography Act
What is meant by a POSITA
A person of ordinary skill in the art
Person skilled in the art
The use of Ozempic to treat diabetes
Art
A method of diagnosing diseased tissue in a patient not comprising surgical steps
Yes.
Not medical treatment.
The use of a known dishwasher detergent for preventing the re-deposition of milk solids
Mere discovery.
Composition maintains same use.
Industrial design