Re: NEC-LIST: Remarkable new patent

Jos R Bergervoet <Jos.Bergervoet_at_philips.com> wrote:
> ...Obtaining a patent does not mean that your idea is useful,
> only that you are the first who has had it.
>
> Therefore, the patent office should only check whether you are the
> first, not whether the idea is good. It's more like a copyright
> issue than a quality award.

What you say is, unfortunately, too often true in practice. However,
the law (35 USC, Chapter 10 Patentability of Inventions, Section 101
Inventions Patentable) says

"Whoever invents or discovers any new and useful process, machine,
manufacture, or composition of matter, or any new and useful
improvement thereof, may obtain a patent therefor, subject to the
conditions and requirements of this title [35 USC ss 1 et
seq.]."

Thus the law explicitly requires not only novelty, but also utility.

-Chuck.
Received on Tue Mar 28 2000 - 21:27:20 EST