An invention is a unique or novel device, composition or process. The invention process is a process within an overall product development process, it may be an improvement upon a machine or product or a new process for creating an object or a result. An invention that achieves a unique function or result may be a radical breakthrough; such works are novel and not obvious to others skilled in the same field. An inventor may be taking a big step in failure; some inventions can be patented. A patent protects the intellectual property rights of the inventor and recognizes that a claimed invention is an invention; the rules and requirements for patenting an invention vary from country to country and the process of obtaining a patent is expensive. Another meaning of invention is cultural invention, an innovative set of useful social behaviours adopted by people and passed on to others; the Institute for Social Inventions collected many such ideas in books. Invention is an important component of artistic and design creativity.
Inventions extend the boundaries of human knowledge, experience or capability. Inventions are of three kinds: scientific-technological and humanistic, or cultural. Scientific-technological inventions include railroads, vaccination, antibiotics, holography, the atomic bomb, the Internet, the smartphone. Sociopolitical inventions comprise new laws and procedures that change modes of social behavior and establish new forms of human interaction and organization. Examples include the British Parliament, the US Constitution, the Manchester General Union of Trades, the Boy Scouts, the Red Cross, the Olympic Games, the United Nations, the European Union, the Universal Declaration of Human Rights, as well as movements such as socialism, suffragism and animal-rights veganism. Humanistic inventions encompass culture in its entirety and are as transformative and important as any in the sciences, although people tend to take them for granted. In the domain of linguistics, for example, many alphabets have been inventions, as are all neologisms.
Literary inventions include the epic, comedy, the novel, the sonnet, the Renaissance, Romanticism, Aestheticism, Socialist Realism, Surrealism and psychoanalysis. Among the inventions of artists and musicians are oil painting, photography, musical tonality, jazz, rock and the symphony orchestra. Philosophers have invented logic, idealism, utopia, semiotics, behaviorism, positivism and deconstruction. Religious thinkers are responsible for such inventions as monotheism, Methodism, iconoclasm, deism, secularism and Baha’i; some of these disciplines and trends may seem to have existed eternally or to have emerged spontaneously of their own accord, but most of them have had inventors. Idea for an Invention may be developed on paper or on a computer, by writing or drawing, by trial and error, by making models, by experimenting, by testing and/or by making the invention in its whole form. Brainstorming can spark new ideas for an invention. Collaborative creative processes are used by engineers, designers and scientists.
Co-inventors are named on patents. In addition, many inventors keep records of their working process - notebooks, etc. including Leonardo da Vinci, Galileo Galilei, Evangelista Torricelli, Thomas Jefferson and Albert Einstein. In the process of developing an invention, the initial idea may change; the invention may become simpler, more practical, it may expand, or it may morph into something different. Working on one invention can lead to others too. History shows that turning the concept of an invention into a working device is not always swift or direct. Inventions may become more useful after time passes and other changes occur. For example, the parachute became more useful. Invention is a creative process. An open and curious mind allows an inventor to see beyond. Seeing a new possibility, connection or relationship can spark an invention. Inventive thinking involves combining concepts or elements from different realms that would not be put together. Sometimes inventors disregard the boundaries between distinctly separate fields.
Several concepts may be considered. Play may lead to invention. Childhood curiosity and imagination can develop one's play instinct. Inventors feel the need to play with things that interest them, to explore, this internal drive brings about novel creations. Sometimes inventions and ideas may seem to arise spontaneously while daydreaming when the mind is free from its usual concerns. For example, both J. K. Rowling and Frank Hornby first had their ideas while on train journeys. In contrast, the successful aerospace engineer Max Munk advocated "aimful thinking". To invent is to see anew. Inventors envision a new idea, seeing it in their mind's eye. New ideas can arise when the conscious mind turns away from the subject or problem when the inventor's focus is on something else, or while relaxing or sleeping. A novel idea may come in a flash—a Eureka! moment. For example, after years of working to figure out the general theory of relativity, the solution came to Einste
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the U. S. Department of Commerce that issues patents to inventors and businesses for their inventions, trademark registration for product and intellectual property identification; the USPTO is "unique among federal agencies because it operates on fees collected by its users, not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services provide"; the USPTO is based in Alexandria, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The offices under Patents and the Chief Information Officer that remained just outside the southern end of Crystal City completed moving to Randolph Square, a brand-new building in Shirlington Village, on April 27, 2009; the current Under Secretary of Commerce for Intellectual Property and Director of the USPTO is Andrei Iancu.
He began his role as Director on February 8, 2018. Iancu was nominated by President Trump in August 2017, unanimously confirmed by the U. S. Senate. Prior to joining the USPTO, he was the Managing Partner at Irell & Manella LLP, where his practice focused on intellectual property litigation; the USPTO cooperates with the European Patent Office and the Japan Patent Office as one of the Trilateral Patent Offices. The USPTO is a Receiving Office, an International Searching Authority and an International Preliminary Examination Authority for international patent applications filed in accordance with the Patent Cooperation Treaty; the USPTO maintains a permanent, interdisciplinary historical record of all U. S. patent applications in order to fulfill objectives outlined in the United States Constitution. The legal basis for the United States patent system is Article 1, Section 8, wherein the powers of Congress are defined, it states, in part: 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 PTO's mission is to promote "industrial and technological progress in the United States and strengthen the national economy" by: Administering the laws relating to patents and trademarks. The USPTO is headquartered at the Alexandria Campus, consisting of 11 buildings in a city-like development surrounded by ground floor retail and high rise residential buildings between the Metro stations of King Street station and Eisenhower Avenue station where the actual Alexandria Campus is located between Duke Street to Eisenhower Avenue, between John Carlyle Street to Elizabeth Lane in Alexandria, Virginia. An additional building in Arlington, was opened in 2009; the USPTO was expected by 2014 to open its first satellite offices in Detroit, Dallas and Silicon Valley to reduce backlog and reflect regional industrial strengths. The first satellite office opened in Detroit on July 13, 2012. In 2013, due to the budget sequestration, the satellite office for Silicon Valley, home to one of the nation's top patent-producing cities, was put on hold.
However and infrastructure updates continued after the sequestration, the Silicon Valley location opened in the San Jose City Hall in 2015. As of September 30, 2009, the end of the U. S. government's fiscal year, the PTO had 9,716 employees, nearly all of whom are based at its five-building headquarters complex in Alexandria. Of those, 6,242 were patent examiners and 388 were trademark examining attorneys. While the agency has noticeably grown in recent years, the rate of growth was far slower in fiscal 2009 than in the recent past. Patent examiners make up the bulk of the employees at USPTO, they hold degrees in various scientific disciplines, but do not hold law degrees. Unlike patent examiners, trademark examiners must be licensed attorneys. All examiners work under a strict, "count"-based production system. For every application, "counts" are earned by composing and mailing a first office action on the merits, upon disposal of an application; the Commissioner for Patents oversees three main bodies, headed by former Deputy Commissioner for Patent Operations Peggy Focarino, the Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld as Acting Deputy, the Commissioner for Patent Resources and Planning, vacant.
The Patent Operations of the office is divided into nine different technology centers that deal with various arts. Prior to 2012, decisions of patent examiners may be appealed to the Board of Patent Appeals and Interferences, an administrative law body of the USPTO. Decisions of the BPAI could further be appealed to the United States Court of Appeals for the Federal Circuit, or a civil suit may be brought against the Commissioner of Patents in the United States District Court for the Eastern District of Virginia; the United States Supreme Court may decide on a patent case. Under the America Invents Act, the BPAI was converted to the Patent Trial and Appeal Board or "PTAB". Simila
The United States of America known as the United States or America, is a country composed of 50 states, a federal district, five major self-governing territories, various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U. S. is the third most populous country. The capital is Washington, D. C. and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico; the State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean; the U. S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The diverse geography and wildlife of the United States make it one of the world's 17 megadiverse countries.
Paleo-Indians migrated from Siberia to the North American mainland at least 12,000 years ago. European colonization began in the 16th century; the United States emerged from the thirteen British colonies established along the East Coast. Numerous disputes between Great Britain and the colonies following the French and Indian War led to the American Revolution, which began in 1775, the subsequent Declaration of Independence in 1776; the war ended in 1783 with the United States becoming the first country to gain independence from a European power. The current constitution was adopted in 1788, with the first ten amendments, collectively named the Bill of Rights, being ratified in 1791 to guarantee many fundamental civil liberties; the United States embarked on a vigorous expansion across North America throughout the 19th century, acquiring new territories, displacing Native American tribes, admitting new states until it spanned the continent by 1848. During the second half of the 19th century, the Civil War led to the abolition of slavery.
By the end of the century, the United States had extended into the Pacific Ocean, its economy, driven in large part by the Industrial Revolution, began to soar. The Spanish–American War and World War I confirmed the country's status as a global military power; the United States emerged from World War II as a global superpower, the first country to develop nuclear weapons, the only country to use them in warfare, a permanent member of the United Nations Security Council. Sweeping civil rights legislation, notably the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair Housing Act of 1968, outlawed discrimination based on race or color. During the Cold War, the United States and the Soviet Union competed in the Space Race, culminating with the 1969 U. S. Moon landing; the end of the Cold War and the collapse of the Soviet Union in 1991 left the United States as the world's sole superpower. The United States is the world's oldest surviving federation, it is a representative democracy.
The United States is a founding member of the United Nations, World Bank, International Monetary Fund, Organization of American States, other international organizations. The United States is a developed country, with the world's largest economy by nominal GDP and second-largest economy by PPP, accounting for a quarter of global GDP; the U. S. economy is post-industrial, characterized by the dominance of services and knowledge-based activities, although the manufacturing sector remains the second-largest in the world. The United States is the world's largest importer and the second largest exporter of goods, by value. Although its population is only 4.3% of the world total, the U. S. holds 31% of the total wealth in the world, the largest share of global wealth concentrated in a single country. Despite wide income and wealth disparities, the United States continues to rank high in measures of socioeconomic performance, including average wage, human development, per capita GDP, worker productivity.
The United States is the foremost military power in the world, making up a third of global military spending, is a leading political and scientific force internationally. In 1507, the German cartographer Martin Waldseemüller produced a world map on which he named the lands of the Western Hemisphere America in honor of the Italian explorer and cartographer Amerigo Vespucci; the first documentary evidence of the phrase "United States of America" is from a letter dated January 2, 1776, written by Stephen Moylan, Esq. to George Washington's aide-de-camp and Muster-Master General of the Continental Army, Lt. Col. Joseph Reed. Moylan expressed his wish to go "with full and ample powers from the United States of America to Spain" to seek assistance in the revolutionary war effort; the first known publication of the phrase "United States of America" was in an anonymous essay in The Virginia Gazette newspaper in Williamsburg, Virginia, on April 6, 1776. The second draft of the Articles of Confederation, prepared by John Dickinson and completed by June 17, 1776, at the latest, declared "The name of this Confederation shall be the'United States of America'".
The final version of the Articles sent to the states for ratification in late 1777 contains the sentence "The Stile of this Confederacy shall be'The United States of America'". In June 1776, Thomas Jefferson wrote the phrase "UNITED STATES OF AMERICA" in all capitalized letters in the headline of his "original Rough draught" of the Declaration of Independence; this draft of the document did not surface unti
Business method patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance and tax compliance etc. Business method patents are a new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, inventive step or non-obviousness, industrial applicability. A business method may be defined as "a method of operating any aspect of an economic enterprise". On January 7, 1791, France passed a patent law that stated that "Any new discovery or invention, in all types of industry, is owned by its author...". Inventors paid a fee depending upon the desired term of the patent, filed a description of the invention and were granted a patent. There was no preexamination.
Validity was determined in courts. 14 out of 48 of the initial patents were for financial inventions. In June 1792, for example, a patent was issued to inventor F. P. Dousset for a type of tontine in combination with a lottery; these patents raised concerns and were banned and declared invalid in an amendment to the law passed in 1792. In Britain, a patent was issued in 1778 to John Knox for a “lan for assurances on lives of persons from 10 to 80 years of age.” At this time in British law, patents could only be issued for manufactured objects, not manufacturing processes. Patents have been granted in the United States on methods for doing business since the US patent system was established in 1790; the first financial patent was granted on March 19, 1799, to Jacob Perkins of Massachusetts for an invention for "Detecting Counterfeit Notes." All details of Mr. Perkins' invention, a device or process in the printing art, were lost in the great Patent Office fire of 1836, its existence is only known from other sources.
The first financial patent for which any detailed written description survives was to a printing method entitled "A Mode of Preventing Counterfeiting" granted to John Kneass on April 28, 1815. The first fifty years of the U. S. Patent Office saw the granting of forty-one financial patents in the arts of bank notes, bills of credit, bills of exchange, check blanks. On the other hand, cases such as Hotel Security Checking Co. v. Lorraine Co. 160 F. 467, which held that a bookkeeping system to prevent embezzlement by waiters was unpatentable, were read to imply a "business method exception", in which business methods are unpatentable. Another such case was Joseph E. Seagram & Sons v. Marzell, 180 F.2d 26, in which the court held that a patent on “blind testing” whiskey blends for consumer preferences would be “a serious restraint upon the advance of science and industry” and therefore should be refused. For many years, the USPTO took the position. With the emergence in the 1980s and 1990s of patent applications on internet or computer enabled methods of doing commerce, however, USPTO found that it was no longer practical to determine if a particular computer implemented invention was a technological invention or a business invention.
They took the position that examiners would not have to determine if a claimed invention was a method of doing business or not. They would determine patentability based on the same statutory requirements as any other invention; the subsequent allowance of patents on computer implemented methods for doing business was challenged in the 1998 State Street Bank v. Signature Financial Group; the court affirmed the position of the USPTO and rejected the theory that a "method of doing business" was excluded subject matter. The court further confirmed this principle with AT&T Corp. v. Excel Communications, Inc.. The USPTO continued to require, that business method inventions must apply, use or advance the "technological arts" in order to be patentable; this was based on an unpublished decision of the U. S. Board of Patent Appeals and Interferences, Ex Parte Bowman, 61 USPQ2d 1665, 1671; this requirement could be met by requiring that the invention be carried out on a computer. In October 2005 the USPTO's own administrative judges overturned this position in a majority decision of the board in Ex Parte Lundgren, Appeal No.
2003-2088. The board ruled that the "technological arts" requirement could not be sustained, as no such requirement existed in law. In light of Ex Parte Lundgren, the USPTO has issued interim guidelines for patent examiners to determine if a given claimed invention meets the statutory requirements of being a process, composition of matter or machine; these guidelines assert that a process, including a process for doing business, must produce a concrete and tangible result in order to be patentable. It does not matter. A price for a financial product, for example, is considered to be a concrete useful and tangible result; the USPTO has reasserted its position that literary works, compositions of music, compilations of data, legal documents, forms of energy, are not considered "manufactures" and hence, by themselves, are not
Law of the United States
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, case law originating from the federal judiciary; the United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U. S. in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual-sovereign system of American federalism, states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution.
Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus, most U. S. law consists of state law, which can and does vary from one state to the next. At both the federal and state levels, with the exception of the state of Louisiana, the law of the United States is derived from the common law system of English law, in force at the time of the American Revolutionary War. However, American law has diverged from its English ancestor both in terms of substance and procedure, has incorporated a number of civil law innovations. In the United States, the law is derived from five sources: constitutional law, statutory law, administrative regulations, the common law. Where Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear because it has been found unconstitutional.
Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis, no sensible lower court will enforce an unconstitutional statute, any court that does so will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder.</ref> and general search rrts. As common law courts, U. S. courts have inherited the principle of stare decisis. American judges, like common law judges elsewhere, not only apply the law, they make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases; the actual substance of English law was formally "received" into the United States in several ways.
First, all U. S. states except Louisiana have enacted "reception statutes" which state that the common law of England is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U. S. courts cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers. Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U. S. states. Two examples are the Statute of 13 Elizabeth; such English statutes are still cited in contemporary American cases interpreting their modern American descendants. Despite the presence of reception statutes, much of contemporary American common law has diverged from English common law.
Although the courts of the various Commonwealth nations are influenced by each other's rulings, American courts follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, the reasoning is persuasive. Early on, American courts after the Revolution did cite contemporary English cases, because appellate decisions from many American courts were not reported until the mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people; the number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to the California constitutional convention was complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail.
We not mean that they shall include the small cases, impose on the country all this fine judici