Bonito Boats Notes (Fernando Rodriguez)

From Bill Goodwine's Wiki
Jump to navigationJump to search

Bonito Boats

Class Notes

  1. Supremacy clause issues.
  2. Policy: limited monopoly to encourage innovation.
  3. Novelty: Supports policy. Now in 35 U.S.C 102.
    1. For part b) basically means if its out there and in public then I should be able to know whether or not its protected by a patent (can't really come out a couple of years and try to get a patent on something I invented and it was already out in public)
  4. Non-obviousness: section 103
    1. Would not have been obvious to an individual with ordinary skill in the art.
  5. Utility
  6. Disclosure

If all of these are achieved then you can obtain a patent for 17 years for date it was issued (not true anymore, its 20 days from the day I file) and reap benefits of possessing it. In this case the benefits are:

  • To exclude others from making, using or selling it.
    • 35, Part II,Chapter 14, 154 (1).
    • If its a process can exclude people from using that process
    • Can keep it secret as long as you want and use it, but you are not protected, hence the bargain offered by the federal patent system is exclusive use for a period of time in exchange for disclosure.
  • May need to use another invention to make yours work.

--Fernando Rodriguez 12:36, 24 January 2011 (EST)