A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

A simplified example of an obviousness rejection is as follows: Suppose a person invents a coffee cup having a square rather than a rounded handle. It may be that such a product has never before existed. However, if the Patent Office finds that a square handle has been used previously on some other device, such as a suitcase, it may well determine that putting a square handle on a coffee cup would have been obvious to an imaginary person who is knowledgeable about all publicly available information. The invention must also fit into one of the categories of patentable subject matter. Thus, the invention must be new, useful, and non- obvious, and be either a: • Process; • Machine; • Manufactured article; • Composition; or • An improvement of any of the above. The term “process” means a process, art, or method, and it includes a new use of a known process, machine, manufactured article, composition of matter, or material. A process may also be defined as one or more steps or acts performed on materials to produce a result. An example of a process would be the use of DDT to kill insects. The term “machine” includes mechanical devices or combinations which perform some function and produce a certain effect or result. Examples of machines include carburetors, vacuum cleaners,

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