Bonito Boats Notes (Fernando Rodriguez)
- Supremacy clause issues.
- Policy: limited monopoly to encourage innovation.
- Novelty: Supports policy. Now in 35 U.S.C 102.
- 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)
- Non-obviousness: section 103
- Would not have been obvious to an individual with ordinary skill in the art.
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)