소개글
[산업재산법] Parke-Davis VS H. K. Mulford(영문)에 대한 자료입니다.
목차
1.Introduction
2.Patent subject matter
본문내용
FACTS :
(1) Parke-Davis (P) sued Mulford (D).
Because (D) made and sold a similar product.
(2) (D) appealed, claiming that the patents were invalid because the patents were only for a degree of purity and not a new “composition of matter.”
35 U.S.C. 101 Inventions patentable. - Patent Laws
35 U.S.C. 101 Inventions patentable.
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 therefore, subject to the conditions and requirements of this title.
Holding and decision : (Hand, j.) Yes. When the first person extracts a product and makes it available for any use, the product becomes a new thing commercially and therapeutically and is therefore patentable.