Definitions
from The Century Dictionary.
- noun Capability of being patented: as, the patentability of an invention, or of a tract of public land.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun The state or condition of being
patentable .
Etymologies
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Examples
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Side note: in February 2005, the USPTO changes the reexamination rules, stating that a second or subsequent request for reexamination will be ordered only if that old prior art raises a substantial new question of patentability which is different than that raised in the pending reexamination proceeding.
Archive 2006-01-01 Peter Zura 2006
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It history, however, stemmed from a 1997 Green Paper on the "Community Patent and the Patent System in Europe", and the "patentability" of computer-implemented inventions was one of the priority issues identified in early 1999 on which the EU commission should take action, with a view to harmonising member states' law on the issue.
One that got away Richard 2005
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The problem is that 'patentability' has been degraded to the point that it's almost meaningless.
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Is Duffy offering a standard for patentable subject matter, in which some things are outside patentability, or is he rejecting any limits on what can be patentable?
Archive 2009-02-01 Rebecca Tushnet 2009
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Kappos somehow agrees with his view that patentability must be restricted.
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The 2005 manual provides that “(business) methods are not automatically excluded from patentability, since there is no authority in the Patent Act or Rules or in the jurisprudence to sanction or preclude patentability.”
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The panel noted that “since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable.”
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Further tests: how different parameters affect the results — ease of patentability, ease of enforceability, patent term, prior art, information costs, number of players, game duration, damages/injunctions.
Archive 2009-05-01 Rebecca Tushnet 2009
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Or should we simply follow the statute as written and allow all processes to be patentable if they meet the other criteria for patentability?
Supreme Court Preview: Bilski v. Doll | Heretical Ideas Magazine 2009
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While business-method patents were rejected by the court, as expected, the patentability of software was expanded.
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