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Business Law and Patent Systems Essay

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Updated: May 18th, 2021

For issuance of a patent by the United States Patent and Trademark Office to take place, the substance must fall into four categories, including the composition of the matter, manufacture, machine, and process (Bilkis v. Kappos, 2010, p. 2). If the claim does not fall under the four, then it would not be patentable.

The matter composition describes substances of two or more of other articles or substances that may have come up because of chemical reactions or mechanical mixing. The manufacture involves the changing of items from raw to finished products. A machine, on the other hand, should be a complete object with several parts or various devices. The last component, process, describes several steps or acts following each other to give out the desired outcome.

Hedging just deals with protection or limiting the risks. The idea by Bilski and Warsaw describes ways of protecting the consumers and suppliers (Cheeseman, 2013). Hedging as a concept is independent of patenting. The hedge in itself is already protected against risk, and so there is no need for a patent.

When the patent system is well evaluated and implemented, it would greatly help in innovations. There is a need to ensure that the idea or product meets the standards so that it passes the test for getting a patent.

References

Cheeseman, H. (2013). The Legal Environment of Business and Online Commerce (7th ed.). Upper Saddle River, New Jersey: Pearson Education, Inc.

Bilkis v. Kappos, 2010, USSC 516. Web.

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IvyPanda. 2021. "Business Law and Patent Systems." May 18, 2021. https://ivypanda.com/essays/business-law-and-patent-systems/.

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IvyPanda. (2021) 'Business Law and Patent Systems'. 18 May.

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