Patent dependent

The term of a patent depends on the date on which the appHcation for patent is filed with the U.S. PTO. Patents filed and issued before June 8,... 

Aside from designs and plants, inventions are required to exhibit usefiilness or utiHty to be patentable. In fact, issued patents for processes, machines, compositions, and articles are often commonly referred to as "utiHty" patents. Depending on the nature of the technology, a single assertion of utiHty may suffice. In other cases, such as in the field of biotechnology, a more elaborate demonstration of utiHty may be necessary. Although utiHty maybe supported by an assertion of use, appHcation, or benefit, the assertion must be accurate and credible to ensure the enforceabiHty of any patent reHed upon to cover the invention. 

The degree to which utility limits a patent depends not only on the enabling descriptions or on the current technical standards. Another aspect to be considered is the characterization of the claimed substance matter. If a native protein can be defined by its exact amino acid sequence, the chances are much better to cover any recombinant form of the same protein or of one with minor, irrelevant variations by a patent on the native molecule. In this case and with today s technical standards, it may be argued that the knowledge of the amino acid sequence avoids many of the uncertainties and unpredictable problems mentioned above. The problem of limitations and possible extensions of patent claims for biological molecules is discussed in more detail in the section on patent claims below. 

Literal infringement focuses on individual claim elements rather than on the invention as a whole. Whether a product infringes the claims of the patent depends on whether the product literally embodies each and every element of those claims. Each element of a claim is material and essential to the definition of the invention. If the product or process does not use even one element of the patent claim, it will not literally infringe the claims. However, the accused infringer usually cannot escape liability for literal infringement merely by adding elements that are not found in the patent claims if each element cited in the claims is found in the product or process under investigation. 

In adition to novelty and utility. Section 103 of the Patent Act makes patentability depend on the non-obvi-ous nature of the subject matter sought to be patented. 

Most database users do not know how the data are organized in a database system (DBS) they depend solely on the application programs. This is sufficient for most database searches where users can receive large amounts of results quickly and easily, e.g., on literature or other information. Nevertheless, a basic knowledge on where and how to find deeper or more detailed information is quite useful. Due to their complex nature, comprehensive searches (e.g., for processes or patents) are not recommended for beginners. However, most local (in-house), online, and CD-ROM databases provide extensive tutorials and help functions that are specific to the database, and that give a substantial introduction into database searching. 

Mobil s Low Pressure Isomerization Process (MLPI) was developed in the late 1970s (123,124). Two unique features of this process are that it is Operated at low pressures and no hydrogen is used. In this process, EB is converted to benzene and diethylbenzene via disproportionation. The patent beheved to be the basis for the MLPI process (123) discusses the use of H-ZSM-5 zeoHte with an alumina binder. The reaction conditions described are start-of-mn temperatures of 290—380°C, a pressure of 273 kPa and WHSV of 5—8.5/h. The EB conversion is about 25—40% depending on reaction conditions, with xylene losses of 2.5—4%. The PX approach to equiHbrium is about 99 ndash 101%. The first commercial unit was Hcensed in 1978. A total of four commercial plants have been built. 

A second Mobil process is the Mobil s Vapor Phase Isomerization Process (MVPI) (125,126). This process was introduced in 1973. Based on information in the patent Hterature (125), the catalyst used in this process is beHeved to be composed of NiHZSM-5 with an alumina binder. The primary mechanism of EB conversion is the disproportionation of two molecules of EB to one molecule of benzene and one molecule of diethylbenzene. EB conversion is about 25—40%, with xylene losses of 2.5—4%. PX is produced at concentration levels of 102—104% of equiHbrium. Temperatures are in the range of 315—370°C, pressure is generally 1480 kPa, the H2/hydrocatbon molar ratio is about 6 1, and WHSV is dependent on temperature, but is in the range of 2—50, although normally it is 5—10. 

The reaction is generally carried out at atmospheric pressure and at 350—400°C. A variety of catalysts, eg, bases and metal salts and oxides on siUca or alumina—sihcates, have been patented (86—91). Conversions are in the 30—70% range and selectivities in the 60—90% range, depending on the catalyst and the ratio of formaldehyde to acetate. 

Unlike most crystalline polymers, PVDF exhibits thermodynamic compatibiUty with other polymers (133). Blends of PVDF and poly(methyl methacrylate) (PMMA) are compatible over a wide range of blend composition (134,135). SoHd-state nmr studies showed that isotactic PMMA is more miscible with PVDF than atactic and syndiotactic PMMA (136). MiscibiUty of PVDF and poly(alkyl acrylates) depends on a specific interaction between PVDF and oxygen within the acrylate and the effect of this interaction is diminished as the hydrocarbon content of the ester is increased (137). Strong dipolar interactions are important to achieve miscibility with poly(vinyhdene fluoride) (138). PVDF blends are the object of many papers and patents specific blends of PVDF and acryflc copolymers have seen large commercial use. 

The grant of a patent is also dependent on whether the advance, appHcation, development, or invention is obvious. If an invention is obvious, it is not patentable. The legal qualification of obviousness is a very difficult concept to understand. Although all the elements of an invention may actually be published, if they do not appear together in a single publication, then the invention is generally stiU novel. However, if the publications may be read in combination to disclose all elements of the invention, the invention may be considered obvious and not patentable. 

If, upon review of the patent, the patentee discovers that the claims contain a formal error, are too narrow, or are too broad in view of the prior art, the patentee may ask the U.S. PTO to correct this error. There are four administrative vehicles for correcting errors in issued patents. The appHcation of each of these mechanisms is dependent on the nature and severity of the error, as weU as the source of its creation. 

Payment of maintenance fees is required at the fourth-, eighth-, and twelfth-year anniversaries of the date of issuance of the patent. The costs of these maintenance fees vary from year to year depending on the regulations of the U.S. PTO. The first maintenance fee tends to be fairly slight, allowing for the further enforcement of the patent with Htde economic burden on the patentee. The second maintenance fee tends to increase the payment from the first maintenance fee by a factor of two. The third maintenance fee tends to be substantial, increasing the payment from the first maintenance fee by a factor of three. 

Infringement Searching. An individual or organization found to be infringing the patent rights of others is subject to penalties that can be extremely costiy. It is essential for anyone contemplating a commercial venture that is technology-dependent to find out first whether or not the proposed venture falls within the area covered by adversely held patents. 

The purified acid is recovered from the loaded organic stream by contacting with water in another countercurrent extraction step. In place of water, an aqueous alkafl can be used to recover a purified phosphate salt solution. A small portion of the purified acid is typically used in a backwashing operation to contact the loaded organic phase and to improve the purity of the extract phase prior to recovery of the purified acid. Depending on the miscibility of the solvent with the acid, the purified acid and the raffinate may be stripped of residual solvent which is recycled to the extraction loop. The purified acid can be treated for removal of residual organic impurities, stripped of fluoride to low (10 ppm) levels, and concentrated to the desired P2 s Many variations of this basic scheme have been developed to improve the extraction of phosphate and rejection of impurities to the raffinate stream, and numerous patents have been granted on solvent extraction processes. 

Catalytic oxidation ia the presence of metals is claimed as both nonspecific and specific for the 6-hydoxyl depending on the metals used and the conditions employed for the oxidation. Nonspecific oxidation is achieved with silver or copper and oxygen (243), and noble metals with bismuth and oxygen (244). Specific oxidation is claimed with platinum at pH 6—10 ia water ia the presence of oxygen (245). Related patents to water-soluble carboxylated derivatives of starch are Hoechst s on the oxidation of ethoxylated starch and another on the oxidation of sucrose to a tricarboxyhc acid. AH the oxidations are specific to primary hydroxyls and are with a platinum catalyst at pH near neutraUty ia the presence of oxygen (246,247). Polysaccharides as raw materials ia the detergent iadustry have been reviewed (248). 

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