Patents, Novelty, and Trolls: Crash Course Intellectual Property #4

Summary

In this episode of Crash Course Intellectual Property, Stan Muller delves into patent law, explaining how patents grant inventors a temporary monopoly on their inventions in exchange for public disclosure. He discusses the requirements for a patent: the invention must be patentable, useful, novel, non-obvious, and have a clear explanation for replication. Muller also explores the historical background of patents, including their economic impact and controversies, such as patent trolls and access to life-saving inventions. The episode emphasizes balancing innovation incentives with public access.

Takeaways

• 👞 Patent law grants inventors a temporary monopoly over their inventions, preventing others from manufacturing or selling them.
• 📜 The concept of patent law originated in Venice in 1474 to encourage innovation by granting inventors exclusive rights.
• 💡 To qualify for a patent, an invention must meet five criteria: patentable subject matter, usefulness, novelty, non-obviousness, and enablement.
• 🌍 Patentable subject matter includes processes, machines, compositions of matter, and human-made inventions, but excludes natural phenomena and abstract ideas.
• 🧬 In a notable 2013 case, the U.S. Supreme Court ruled that naturally occurring DNA sequences are not patentable, even if isolated by humans.
• 🔧 The Magic 8 Ball is used as an example of a patentable invention, meeting the five criteria, including usefulness and non-obvious improvements.
• 🔍 The test for non-obviousness assesses whether the invention would have been apparent to someone skilled in the relevant field at the time.
• 📄 A patent application must provide clear and detailed instructions so that others can recreate the invention, which supports the purpose of sharing knowledge.
• 🧑‍🎨 There are three types of patents: utility patents for useful inventions, design patents for ornamental designs, and plant patents for novel plant varieties.
• 💸 Patent law's economic impact raises complex policy questions, including the balance between rewarding inventors and ensuring public access to innovations.

Q & A

What is the basic purpose of a patent?

A patent is a government grant that allows an inventor to maintain a monopoly on the use and development of an invention for a limited time. It prevents others from manufacturing, selling, or using the patented invention without permission.

What are the five main requirements for an invention to be patentable?

The five requirements are: the invention must be patentable subject matter, useful, new or novel, non-obvious, and the patent must include enablement, meaning clear instructions for making and using the invention.

What does 'patentable subject matter' mean?

Patentable subject matter refers to inventions that fall under categories like processes, machines, manufactures, or compositions of matter. However, laws of nature, physical phenomena, and abstract ideas are not patentable.

Why was human DNA ruled as non-patentable by the Supreme Court in 2013?

The court ruled that naturally occurring DNA is a product of nature and cannot be patented, even if it has been isolated. Only inventions that involve human inventiveness are patentable.

What is the 'useful' requirement for a patent?

The invention must provide some identifiable benefit and be capable of being used. A person skilled in the relevant field must be able to understand that the invention works and is useful.

How is 'novelty' assessed in patent law?

Novelty means that the invention must be new. If someone else has already invented or patented a similar invention, a new patent cannot be issued for it.

What does 'non-obviousness' mean in the context of patent law?

Non-obviousness means that the invention must not be an obvious improvement or modification of existing inventions. The invention should represent a significant inventive leap that would not have been obvious to someone skilled in the relevant field at the time.

What is 'enablement' in patent law?

Enablement refers to the requirement that the patent application must clearly describe how to make and use the invention. This allows others to recreate the invention based on the patent’s description once the patent expires.

What are the three types of patents issued by the U.S. Patent & Trademark Office?

The three types are utility patents, design patents, and plant patents. Utility patents protect functional inventions, design patents protect the ornamental design of an object, and plant patents protect new plant varieties reproduced asexually.

What are some of the criticisms of patent law in terms of its economic impact?

Critics argue that patent law may prioritize the development of lucrative products, such as erectile dysfunction medications, over life-saving drugs for diseases like malaria. There are also concerns about 'patent trolls' who use patents to sue companies without intending to develop any products.