the late Mr. Zheng chengsi said: this is an American intellectual property law textbook written by reading American precedents step by step.
I was fortunate enough to listen to Mr. Li's lecture at the seminar on "Research on Frontier Strategic Issues of Science and Technology Law and Intellectual Property" held by Qingdao University of Science and Technology, which benefited a lot.
1. Object of Patent Right
Article 11 of the United States Patent Law stipulates that anyone who invents or discovers any novel and practical method, machine, product, synthesis of matter, or any novel and practical improvement thereof may obtain a patent in accordance with the conditions and requirements stipulated in this Law. Therefore, the objects of intellectual property rights include: methods, machines, products and material synthesis.
method means that a method, technique or way includes the new use of known methods, machines, products, synthesis of substances and materials. (Article 1 of the U.S. Patent Law)
Transgenic microorganism is a man-made product, not a natural thing, so it can be protected as a product or substance synthesis. (chakra Batty case)
2. Novelty
The theory of judging novelty adopts the principle of single source, and whether an invention is novel or not is judged by comparing it with an "existing technology", not two or more existing technologies. (to be continued)