1938Michigan Law ReviewRequires access

Patents: Patentability of the Product of a Process

Julian Caplan

Open publisher page 0 citations

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?

About this research paper

What this paper is about

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?

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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?

Key concepts: Patentability, Process (computing), Business, Substantive due process, Product (mathematics), Law and economics, Patent law, Law

Related papers

Back to paper searchBrowse research topicsOriginal source
Patents: Patentability of the Product of a Process — Research Paper | ScholarLens