Patents: Patentability of the Product of a Process
Julian Caplan
Abstract
Julian Caplan
Abstract
The problem to be discussed in this comment can best be illustrated by setting forth a hypothetical fact situation. It will be assumed that an inventor, A has invented a new and useful process for refining oil, which process is denoted process X. Heretofore all oil has been refined by process Y. The oil produced by process X does not differ sufficiently in its chemical and physical properties from that produced by process Y so that the inventor can get a patent on the oil as such. Assuming that, upon proper application, A may receive a patent for process X, is it possible under the existing patent statutes for A to get a valid patent claiming oil produced by process X as described?
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The problem to be discussed in this comment can best be illustrated by setting forth a hypothetical fact situation. It will be assumed that an inventor, A has invented a new and useful process for refining oil, which process is denoted process X. Heretofore all oil has been refined by process Y. The oil produced by process X does not differ sufficiently in its chemical and physical properties from that produced by process Y so that the inventor can get a patent on the oil as such. Assuming that, upon proper application, A may receive a patent for process X, is it possible under the existing patent statutes for A to get a valid patent claiming oil produced by process X as described?
Key concepts: Patentability, Process (computing), Business, Substantive due process, Product (mathematics), Law and economics, Patent law, Law