RUBIN TEST Meaning and
Definition
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The Rubin Test refers to a legal standard used to determine whether a claimed invention is eligible for patent protection in the United States. It derives its name from Neil Rubin, a patent attorney who devised the test during a court case in 1998. The Rubin test emerged as a guideline for determining subject matter eligibility under 35 U.S.C. § 101, which outlines the scope of patentable subject matter.
The test involves a series of two steps. The first step is to determine whether the claimed invention fits within one of the four statutory categories of patentable subject matter: process, machine, manufacture, or composition of matter. If the invention does not fit into any of these categories, it is considered ineligible for patent protection.
If the invention passes the initial step, the second step of the Rubin Test is applied. This step assesses whether the invention is an abstract idea or a patent-eligible application of the abstract idea. An abstract idea refers to a fundamental concept or an idea that exists independently of any particular implementation or embodiment. In comparison, a patent-eligible application of an abstract idea involves a specific technical implementation or improvement that transforms the abstract idea into a practical invention.
The Rubin Test helps to provide clarity and guidance in determining the eligibility of inventions for patent protection. It aids patent examiners, inventors, and patent attorneys in analyzing whether a claimed invention falls within the statutory scope of patentable subject matter according to US law.
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