Monterey Bay Aquarium Research Institute

Dale Hogue

XDL Group

What is Patentable?

Wednesday — February 16, 2011
Pacific Forum — 3:00 p.m.

The lecture will give guidance to investigators, engineers and researchers as to what is patent eligible and to help them think of their discoveries in ways that maximizes the opportunity to obtain exclusive rights to inventions and discoveries to promote science and the useful arts.

The authority to grant patents comes from the U.S. Constitution, Article I, Section 8: “The Congress shall have Power - To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;…” The Constitution granted Congress the authority to define “Science and useful Arts.” Congress exercised its authority in 35 USC 101: Inventions Patentable – “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.”

The Supreme Court and the Court of Appeals for the Federal Circuit have interpreted the Constitution and this statute to adapt to ever changing technology. The decisions set standards for patent eligibility for software and software applications, telecom, Internet applications, algorithms, biologic materials, naturally occurring and altered genetic material, therapeutic regimes, medical diagnostic techniques and decision making processes among many new fields of science. The lecture will use these decisions to answer the question, “What is Patentable?”

Next: Jason E. Box