Ex Parte Lundgren
Encyclopedia
Ex parte Lundgren is a decision by the United States Patent and Trademark Office
board of appeals, i.e. the Board of Patent Appeals and Interferences
(BPAI), that asserts that process invention
s do not have to be in the technological arts in order to be patentable
in the United States
. They do, however, have to produce a "concrete, useful and tangible result". Lundgren was then superseded by In re Bilski
, which jettisoned the "concrete, useful and tangible result" test.
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
board of appeals, i.e. the Board of Patent Appeals and Interferences
Board of Patent Appeals and Interferences
The Board of Patent Appeals and Interferences is an administrative law body of the United States Patent and Trademark Office , which decides issues of patentability. The Chief Administrative Patent Judge is James Donald Smith.-Structure:...
(BPAI), that asserts that process invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
s do not have to be in the technological arts in order to be patentable
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. They do, however, have to produce a "concrete, useful and tangible result". Lundgren was then superseded by In re Bilski
In re Bilski
In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 , was an en banc decision of the United States Court of Appeals for the Federal Circuit on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of...
, which jettisoned the "concrete, useful and tangible result" test.
See also
- Business method patentBusiness method patentBusiness method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking, tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the...
- Ex Parte BowmanEx Parte BowmanEx Parte Bowman 61 USPQ 2d 1669 was a decision by the U.S. Board of Patent Appeals and Interferences which asserted that in order to be patent-eligible, a process had to involve or promote the technological arts...
- Diamond v. DiehrDiamond v. DiehrDiamond v. Diehr, , was a 1981 U.S. Supreme Court decision which held that the execution of a physical process, controlled by running a computer program was patentable...
- Freeman-Walter-Abele TestFreeman-Walter-Abele TestFreeman-Walter-Abele is an outdated judicial test in United States patent law. It came from decisions concerning software patents. It was used to determine if mathematical principles or algorithms were patentable subject matter. The Court of Customs and Patent Appeals introduced and refined these...
- State Street Bank v. Signature Financial Group