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Definitions Edit

U.S. copyright law Edit

Under copyright law, an expression must be in tangible form to be copyrightable.

U.S. patent law Edit

The tangible requirement does not necessarily mean that a claim must either be tied to a particular machine or apparatus or must operate to change articles or materials to a different state or thing. However, the tangible requirement does require that the claim must recite more than a 35 U.S.C. §101 judicial exception, in that the process claim must set forth a practical application of that judicial exception to produce a real-world result. Gottschalk v. Benson, 409 U.S. at 71-72, 175 U.S.P.Q. (BNA) at 676-77 (full-text) (invention ineligible because had "no substantial practical application."). "[A]n application of a law of nature or mathematical formula to a process may well be deserving of patent protection." Diamond v. Diehr, 450 U.S. at 187, 209 U.S.P.Q. (BNA) at 8 (full-text) (emphasis added); see also Corning, 56 U.S. (15 How.) at 268, 14 L.Ed. 683 (full-text) ("It is for the discovery or invention of some practical method or means of producing a beneficial result or effect, that a patent is granted . . ."). In other words, the opposite meaning of "tangible" is "abstract."[1]

References Edit

  1. MPEP §2106.

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