There are certain criteria that must be met for the protection of a patent. The
first is that the subject of matter must be patentable. The next is that the
object of the patent must be novel or new. The object must be useful, unless
it is a design for something. The last criteria is that the object must be
nonobvious, or an invention that an ordinary person in that trade would be
able to have discovered. In this case study the plaintiff was not able to reach
all requirements for a patent. Her idea was not unique and other companies
used similar processes. The judge and court ultimately decided that the
plaintiff's patent was partly infringed upon, however because the patent did
not meet all four requirements the patent was invalid. I agree with the courts
decision in this case because based on the evidence it showed that the idea
the plaintiff developed did not meet the criteria of being nonobvious to other
developers in their trade.
References
Kubasek, N., Browne, N. M., Herron, D., Dhooge, L., & Barkacs, L.
(2019). Dynamic Business Law (5th ed.). McGraw Hill.
