Quiz 8: Intellectual Property and Internet Law
The court finds that a patent that is based on medley of old functions, has no innovative changes and is well-known within the market, is not patentable. They go on to say that a process that is relatively obvious based on existing market items that the method employed in the process is obvious. If the process in question is intuitively related to old processes, like in the case of someone using a previous method to create an item, then it will likely not be patentable.
W will prevail under the Fair Use Exception of the Copyright Act. W is using copied excerpts to teach his student, not for commercial profit. He is also only using partial sections. Thus, W did not violate the Copyright Act.
The court looks at processes in question is whether an individual with ordinary skill and no expertise could come to the same conclusion as an expert in the field, in this case, attaching the electronic control to the assembly. They discuss the ability of a layperson to consider an alteration or change and whether they were aware of the possible benefits. In that case, the item or process would not be patentable.