| dc.contributor | 科管智財所 | |
| dc.creator (作者) | 陳秉訓 | |
| dc.creator (作者) | Chen, Ping-Hsun | |
| dc.date (日期) | 2022-02 | |
| dc.date.accessioned | 5-Jul-2022 16:37:05 (UTC+8) | - |
| dc.date.available | 5-Jul-2022 16:37:05 (UTC+8) | - |
| dc.date.issued (上傳時間) | 5-Jul-2022 16:37:05 (UTC+8) | - |
| dc.identifier.uri (URI) | http://nccur.lib.nccu.edu.tw/handle/140.119/140788 | - |
| dc.description.abstract (摘要) | The Supreme Court has stated that a claim is patent-ineligible if it is directed to any of three patent-ineligible subject matters and does not include an inventive concept that transforms it into a patent-eligible claim. Although some commentators have questioned that the standard is too abstract, this paper attempts to show that the Federal Circuit has developed workable approaches to apply the patent-eligibility analysis. That is, by showing any specific features in a claim which improve functionality, a plaintiff may assert that a disputed claim is not directed to a patentineligible subject matter because the claim offers an advance over the prior art. In addition, a plaintiff has to illustrate how the alleged inventive concept is not “wellunderstood, routine, conventional.” | |
| dc.format.extent | 113 bytes | - |
| dc.format.mimetype | text/html | - |
| dc.relation (關聯) | UIC Review of Intellectual Property Law, Vol.21, No.1, pp.16-34 | |
| dc.subject (關鍵詞) | Patent-eligibility; 35 U.S.C. § 101; Alice Corp. Pty. v. CLS Bank Int`l; abstract idea | |
| dc.title (題名) | Federal Circuit’s Jurisprudence of the Patent-Eligibility Analysis: Toward a Bright-Line Rule | |
| dc.type (資料類型) | article | |
