我找到了几段别人写的关于什么样的idea可以被专利法保护。在专利法中,idea加上
game plan才能形成一个概念体。 “The idea and game plan together form what
the law calls conception. ”
“Many people will have great ideas, but what separates those who can turn
their ideas into money from those who cannot is a strategy to define the
idea enough so that it can become an asset that can ultimately be protected.
”
“Unfortunately, many people will have great ideas, but will not be able to
put that idea into a package appropriate for a patent because there is no
invention, only a concept. To be sure, the idea is the all critical first
step in the invention process. After you come up with the idea or concept
you now need to put together a game plan on how to carry that idea through.
The idea and game plan together form what the law calls conception. ”
另外,再看看上诉法庭的解释。
Recently the United States Court of Appeals for the Federal Circuit
explained:
“Making the invention requires conception and reduction to practice. While
conception is the formation, in the mind of the inventor, of a definite and
permanent idea of a complete and operative invention, reduction to practice
requires that the claimed invention work for its intended purpose.”
当我们和别人在idea上有争执时,这些法律解释对我们是很有用的。