1-24-11
Thundercraft coppied boat florida passed law you cant steal boats. BB sues tennessee thundercraft
the question are Florida law invalid under Supremacy Patents dont have to do with to copying of something
1)Congress can (title 35) pass patent laws. Policy of limited monopoly( to encourage innovation for the promotion of science and the useful arts.
2) Novelty- copying isnt innovation. (but uniformity is a good thing like 4 wheel on cars.) supports above policy. (Now in 35 USC. 102) (Title 35, us constitution, section 102)
102 what i can and cant patent ( a and b most import)
a)before invention, all that applies in another country apply in us, probably easier to know whats going on here. by others
b) before applying for patent, 1 year before appliction.
bb vs thundercraft
Syllabus- written by reporter of decision, but not law. only may use oconnor writing.
Unanimous- 7-0, or 9-0
concuring- agree but wanted different logic
II
"commissioners for the promotion of useful arts. now several buildings.
novelty
if things are in public for long time, cannot claim patent laer.
NonObviousness
the average person cannot build upon an original idea.( 103 e) [2] like putting an aircondition into car in hot air
creative inventiveness like methods of connecting it to the car.
invention shouldnt be anticipated. not trivial, inventive aspect of the non obvious part
"who is to say whats obvious"
how do you prove obvious- find ordinary skill in the art and testify. As a whole at the time of the invention.-
the nonobviousness requirement extends the fireld of unpatentable material beyond which is know to bulic to include that which could readuly be deduc
if nonobvious, has utility, and disclosure--> get 17 years from issued, now 20 years- filing
reap benefits-->exclude others from making using or selling invention 35 USC 154 [3]
a)
1. must have short name
2. must have heir or assign
3.right to exculde others
b)
___________________________
disclosure- keep secret and reaping the benefits indefitintly.
how do you prove when you invented, if get patent can submit evidence during filing or if someone sues, can void patent. prove in court.
