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> ... some entirely theoretical concept that can not be demonstrated by even the most highly skilled people... In that type of case, I would expect the patent
by bdowling 6y ago
> ... some entirely theoretical concept that can not be demonstrated by even the most highly skilled people...
In that type of case, I would expect the patent to fail the utility requirement (§101). But attacking it on written description or enablement (§112(a)) might work as well.
- erikerikson 6y agoWhat are these referencing? Ah... §101: https://www.uspto.gov/web/offices/pac/mpep/s2104.html https://www.uspto.gov/web/offices/pac/mpep/s2104.html §112(a): https://www.uspto.gov/web/offices/pac/mpep/s2161.html https://www.uspto.gov/web/offices/pac/mpep/s2161.html
- bdowling 6y agoProper citations would be prefixed with “35 USC”, for Title 35 of the United States Code. Title 35 contains most of the law regarding patents. Sections 101, 102, 103, and 112 are the most important ones concerning eligibility and validity.