Not exact matches
But, as Microsoft argued, it is § 271 that sets forth the
standard for infringement of design
patents — just like it does for
utility patents.
We note that the
standard for showing
utility for a compound as a pharmaceutical before the
patent office is much lower than that before the FDA, and that a human clinical trial is not necessary to establish
utility for an invention related to treatment of human disorders.
1999)-- Enforced Juicy Whip's
patent on beverage dispenser technology, including three successful precedent - setting appeals to the Federal Circuit on issues of
patent utility, invalidity
standards, and damages.
In Sanofi v Apotex 2013 FCA 186 (Plavix / clopidogrel)[5], the appellate court defined «The Promise» as «the
standard against which the
utility of the invention described in the
patent is measured».
Following a recent Supreme Court of Canada decision that significantly altered and lessened Canada's
patent utility requirement, Canada ought to adopt the US
utility standard of requiring inventions to have a «specific, substantial and credible
utility.»