![]() CATEGORIES: BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism |
Person who has ordinary skill in the art.OK, so much for the first three requirements of utility, novelty and non-obviousness. There's a fourth requirement as well, and this is the one that's particularly relevant for the issue of Business methods. This requirement governs the issue of what Constitutes patentable subject matter. Things which are Generally considered patentable are processes, machines, a Composition of matter (such as a synthesised chemical Compound) and so on. These are rather broad categories, of course, but - here's where it gets interesting - there have Traditionally been exceptions to patentability in certain specific Cases. This means that certain subject matters - such as Business methods - havebeenbarredfrom patentability. That's right: traditionally, business methods could not be Patented. We can assume that the thinking behind this was that abstract ideas can't be patented. Recently, however, some important decisions have put an end to this practice. I'd like us to have a look at some landmark Cases.. . Listening 2 Patrick: Well, hello, Thomas, good to see you, come in. Thomas: Hi, Patrick, thanks. Patrick: Thomas, you know Rebecca Schneider, don't you? We're working on the distance learning case together. Rebecca: Sure, we already met. Hi, Thomas. Thomas: Hi, Rebecca. Patrick: Right. Rebecca, Thomas'li be shadowing us on this case. Well, let's get down to work, shall we? Maybe we Should start by finding out what you know about distance Learning, Thomas. Thomas: OK. I only know that distance learning basically refers To a learning situation in which the teacher and the student Are in separate locations. And so the teaching is done via Technology, such as the Internet. Patrick: Yes, that's right. And naturally, there are copyright Issues involved. Thomas: Yes, I imagine the concept of 'fair use' plays a role - when you're allowed to make limited use of copyrighted material without permission. If I'm not mistaken, you can Use copyrighted material for educational purposes. Rebecca: Well, generally speaking, that's true. Traditionally, the Copyright Act has allowed teachers to 'display and perform' The works of others in the classroom for educational Purposes. So a teacher can read a poem aloud in class Without permission or make photocopies of a text for Classroom use. Patrick: But with distance learning, things get a bit more Complicated. Audio transcripts E Thomas: In what way? Patrick: Well, a teacher's rights to the fair use of copyrighted material for distance learning are much more limited. That's Because distance learning usually involves materials being Uploaded to websites. And that means that the materials - Texts, images or music created by others - can be Transmitted allover the world, potentially to millions of People. These materials could then theoretically be Downloaded or altered by other users. Naturally, all of this Date: 2015-12-11; view: 835
|