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Imagine having freshly baked pastries available to you all day long, every day, while at work. I’m not talking about someone bringing in a box of donuts to share, I’m talking about baked goods on a massive scale. This is what I experienced in one of my design engineering positions within the food industry. These baked goods constituted the articles of manufacture of the food plant, and they presented a constant temptation to me. Just what constitutes an article of manufacture is another aspect of the second hurtle which must be passed to determine patent eligibility. It is addressed under federal statutes governing the same, 35 USC § 101, and is contained within the same area as the discussion of what constitutes a machine, a subject we took up previously in this series. Why bother defining articles of manufacture? Well, while hearing the patent case of Diamond v. Chakrabarty regarding genetically engineered bacterium capable of eating crude oil, the US Supreme Court saw fit to define the term so as to resolve a conflict between the inventor and the patent office as to whether a living organism could be patented. The net result was the Court declared that in order to be deemed a patentable article of manufacture the object must be produced from either raw or man-made materials by either hand labor or machinery and must take on “new forms, qualities, properties, or combinations” that would not naturally occur without human intervention. In other words, a creation process must take place and something which did not previously exist must be caused to exist. The court’s definition of articles of manufacture encompasses an incredible array of products, much too vast to enumerate here. Suffice it to say that the defining characteristic is that if it should consist of two or more parts, there is no interaction between the parts, otherwise it could be categorized as a machine. In other words, the relationship between their parts is static, unmoving. An example would be a hammer. It’s made up of two parts, a steel head and wooden handle. These parts are firmly attached to one another, so they act as one. Next time we’ll continue our discussion on the second hurtle presented by 35 USC § 101, where we’ll discuss what is meant by composition of matter. |
Posts Tagged ‘articles of manufacture’
Determining Patent Eligibility – Part 5, Manufactured Articles
Monday, May 6th, 2013
Patents, Defined
Sunday, March 31st, 2013|
While pursuing my engineering degree my professors provided me with a thorough understanding of mechanical and electrical design and instruction on how to build prototypes for testing. As far as technical skills were concerned, I was well equipped to turn my ideas into real inventions. Unfortunately, my engineering school, like most others, never went beyond these technical aspects of inventing. For example, we never discussed the business and legal aspects of manufacturing and selling an invention. The fact is, most first time inventors have little or no understanding of how to go about obtaining a patent to prevent others from copying and profiting from their inventions. They also tend to take a haphazard approach to inventing, neglecting important issues such as whether a market for their invention exists, or whether they will face competition already in place. A lot of time and money can be spent developing an invention, only to discover that it had already been patented by someone else. They do all the up-front work, blissfully unaware of the repercussions of negative possibilities, like getting sued by any existing patent holder, suits which are among the most expensive to defend. For most individuals the patent process is a hotbed of mysteries and misconceptions. Let’s start unraveling them by first gaining a basic understanding of what a patent is. In short, a patent grants you a legal right, much like other legal rights you may be more familiar with. For example, if you own property, say a car or piece of real estate, you’re provided with a legal document known as a title. This title defines your legal right to own that property. Similar to a title, a patent grants you the legal right to own intellectual property, or IP, as its inventor. IP is a term used in the business and legal arenas to refer to creations of the inventor’s mind. Once patented, these creations become the property of the inventor, and they have commercial value. This value is derived from the fact that the patent can be used to exclude others from producing the invention and profiting from it. The IP rights can also be sold or licensed to others for a profit. IP can encompass subjects as diverse as machinery, articles of manufacture, compositions of matter, and many diverse processes, all of which we’ll look into during the course of this blog series. ___________________________________________
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