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Ernest Orlando Lawrence Award

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The Ernest Orlando Lawrence Award was established in 1959 in honor of a scientist who helped elevate American physics to the status of world leader in the field.

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59-610: E. O. Lawrence was the inventor of the cyclotron , an accelerator of subatomic particles , and a 1939 Nobel Laureate in physics for that achievement. The Radiation Laboratory he developed at Berkeley during the 1930s ushered in the era of " big science ", in which experiments were no longer done by an individual researcher and a few assistants on the table-top of an academic lab but by large, multidisciplinary teams of scientists and engineers in entire buildings full of sophisticated equipment and huge scientific machines. During World War II , Lawrence and his accelerators contributed to

118-633: A composition-of-matter claim. At the same time, the Court decided that complementary DNA , which is produced by reverse transcription of messenger RNA and does not contain introns , can be patentable. It is worth noting, that the denial of patentability in this case was not based on novelty, but rather on subject matter eligibility . Anticipation refers to advance use or disclosure of an otherwise-patentable invention, thereby undermining its novelty. The United Kingdom's House of Lords referred to "anticipation" as "convenient" terminology to cover "that part of

177-552: A 1959 Australian decision ("NRDC"), they believe that it is not possible to grasp the invention concept in a single rule. A British court once stated that the technical character test implies a "restatement of the problem in more imprecise terminology." In the United States, all patent applications are considered inventions. The statute explicitly says that the American invention concept includes discoveries (35 USC § 100(a)), contrary to

236-675: A Federal Advisory Committee. The identity of all nominators, all nominees, and all peer review panelists remain anonymous. DOE employees must comply with regulations governing conduct of employees codified in 10 CFR Part 1010 and Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR §2635. 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1980 1981 1982 1983 1984 1985 1986 1987 1988 1990 1991 1993 1994 1996 1998 2002 2004 2006 2009 2011 Inventor An invention

295-433: A broad description of what includes prior disclosure; so long as the subject-matter was disclosed “in such manner that the subject-matter became available to the public”, the subject-matter is barred from being patented. This may include prior patents, publications or the invention itself being put on display. Disclosures in a private document, such as an internal memo that is not available to the public, do not count. There

354-433: A claimed invention is actually an invention. The rules and requirements for patenting an invention vary by country and the process of obtaining a patent is often expensive. Another meaning of invention is cultural invention , which is an innovative set of useful social behaviours adopted by people and passed on to others. The Institute for Social Inventions collected many such ideas in magazines and books. Invention

413-446: A grease gun comprising a cylinder enclosing a piston longitudinally movable in said cylinder, said cylinder having a nozzle at a distal end thereof", which is followed by a transitional phrase such as "the improvement comprising", which is followed by a recitation of the element or elements constituting the point of novelty, such as "said nozzle having a fluted opening at a distal end thereof". A conceptual problem may arise in applying

472-480: A new kind of abstraction by dripping, pouring, splashing and splattering paint onto un-stretched canvas lying on the floor. Inventive tools of the artist's trade also produced advances in creativity. Impressionist painting became possible because of newly invented collapsible, resealable metal paint tubes that facilitated spontaneous painting outdoors. Inventions originally created in the form of artwork can also develop other uses, e.g. Alexander Calder's mobile, which

531-562: A patent applications made to the US Patent Office for inventions are less likely to succeed where the applicant have a "feminine" name, and additionally women could lose their independent legal patent rights to their husbands once married. See also the gender gap in patents . Novelty (patent) Novelty is one of the patentability requirement for a patent claim , whose purpose is to prevent issuing patents on known things, i.e. to prevent public knowledge from being taken away from

590-622: A point of novelty test, citing Neilson v. Harford and O'Reilly v. Morse as authority, but in Diamond v. Diehr , the Court used the opposite approach. Then in Mayo v. Prometheus and Alice v. CLS Bank the Supreme Court went back to the test of the Flook case. Present-day American patent law still acknowledges that some parts of a patent claim may constitute "insignificant post-solution activity". This

649-463: A proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word inventor comes from the Latin verb invenire , invent- , to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence ,

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708-532: A recognition of what he has given to our country and to mankind, and as a means of helping to carry forward his work through inspiring others to dedicate their lives and talents to scientific effort." The first Lawrence Awards were given in 1960. The Ernest Orlando Lawrence Award is bestowed by the Secretary of the U.S. Department of Energy to mid-career scientists and engineers in recognition of exceptional scientific, technical, and/or engineering achievements related to

767-403: Is Article 54 EPC . In the United States the four most common ways in which an inventor will be barred under Section 102 are: In U.S. patent law, a claim lacks novelty, and anticipation occurs when one prior art reference or event discloses all the features of a claim and enables one of ordinary skill in the art to make and use the invention. The term "features" in this context refers to

826-462: Is 6 months (Civil Code part IV, article 1350 (3)). In US, the grace period is 12 months ("Leahy-Smith America Invents Act") In other countries, such as in EPO members, any act that makes an invention available to the public, no matter where in the world, before the filing date or priority date has the effect of barring the invention from being patented. Examples of acts that can make an invention available to

885-406: Is a unique or novel device , method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand-alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor

944-449: Is also an important component of artistic and design creativity . Inventions often extend the boundaries of human knowledge, experience or capability. Inventions are of three kinds: scientific-technological (including medicine), sociopolitical (including economics and law), and humanistic, or cultural. Scientific-technological inventions include railroads, aviation , vaccination , hybridization, antibiotics , astronautics, holography ,

1003-427: Is also an important legal concept and central to patent law systems worldwide. As is often the case for legal concepts, its legal meaning is slightly different from common usage of the word. Additionally, the legal concept of invention is quite different in American and European patent law. In Europe, the first test a patent application must pass is, "Is this an invention?" If it is, subsequent questions are whether it

1062-564: Is an eight-pronged test to determine whether anticipation occurs in Canada. The prior art must: The current test now requires that only 1 of the 8 tests be fulfilled in order to find anticipation. Under the European Patent Convention (EPC), European patents shall be granted for inventions which, among other things, are new. The central legal provision governing the novelty under the EPC

1121-417: Is generally performed with a view to proving that the invention is "not new" or old. No search can possibly cover every single publication or use on earth, and therefore cannot prove that an invention is "new". A prior art search may for instance be performed using a keyword search of large patent databases, scientific papers and publications, and on any web search engine. However, it is impossible to guarantee

1180-500: Is limited to a single category. The nomination materials for all eligible nominees are objectively studied by independent peer review panels, one for each of eight award categories, and if worthy candidate(s) are identified in the peer review, selection recommendations based upon these findings are made by Federal Program Officials. A concurrence request for any awardees is made to the Secretary of Energy, who holds final discretion over any selection(s). The reviewers are not empanelled as

1239-612: Is new and sufficiently inventive. The implication—counter-intuitively—is that a legal invention is not inherently novel. Whether a patent application relates to an invention is governed by Article 52 of the European Patent Convention, that excludes, e.g., discoveries as such and software as such . The EPO Boards of Appeal decided that the technical character of an application is decisive for it to represent an invention, following an age-old Italian and German tradition. British courts do not agree with this interpretation. Following

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1298-461: Is now commonly used over babies' cribs. Funds generated from patents on inventions in art, design and architecture can support the realization of the invention or other creative work. Frédéric Auguste Bartholdi 's 1879 design patent on the Statue of Liberty helped fund the famous statue because it covered small replicas, including those sold as souvenirs. The timeline for invention in the arts lists

1357-403: Is regarded as a kind of "point of novelty" approach, disallowed under present (Federal Circuit) patent law. To combat infringement, truly "insignificant" elements are routinely kept out of patent claims. The purpose of the patent-eligibility doctrine concerning insignificant post-solution activity, however, is that adding such limitations to a claim does not involve adding an "inventive concept" to

1416-563: Is whether a discovery and isolation of a product of nature should be patentable. In 1911, Billings Learned Hand , who had been only 2 years in his position as a judge, "had made an uninformed mistake in Parke-Davis v. Mulford " by pronouncing that naturally occurring adrenaline can be patented in its pure form. This judicial tradition, allowing patenting of isolated natural products in the US, continued for over 100 years. Another notable example of it

1475-895: The Baháʼí Faith . Some of these disciplines, genres, and trends may seem to have existed eternally or to have emerged spontaneously of their own accord, but most of them have had inventors. Ideas for an invention may be developed on paper or on a computer, by writing or drawing, by trial and error , by making models, by experimenting , by testing and/or by making the invention in its whole form. Brainstorming also can spark new ideas for an invention. Collaborative creative processes are frequently used by engineers, designers, architects and scientists. Co-inventors are frequently named on patents. In addition, many inventors keep records of their working process – notebooks , photos, etc., including Leonardo da Vinci , Galileo Galilei , Evangelista Torricelli , Thomas Jefferson and Albert Einstein . In

1534-762: The Manhattan Project , and he later played a leading role in establishing the U.S. system of national laboratories , two of which ( Lawrence Berkeley and Lawrence Livermore ) now bear his name. Shortly after Lawrence's death in August 1958, John A. McCone , Chairman of the United States Atomic Energy Commission , wrote to President Eisenhower suggesting the establishment of a memorial award in Lawrence's name. President Eisenhower agreed, saying, "Such an award would seem to me to be most fitting, both as

1593-719: The United Nations , the European Union , and the Universal Declaration of Human Rights , as well as movements such as socialism , Zionism , suffragism , feminism , and animal-rights veganism. Humanistic inventions encompass culture in its entirety and are as transformative and important as any in the sciences, although people tend to take them for granted. In the domain of linguistics, for example, many alphabets have been inventions, as are all neologisms ( Shakespeare invented about 1,700 words). Literary inventions include

1652-428: The parachute became more useful once powered flight was a reality. Invention is often a creative process . An open and curious mind allows an inventor to see beyond what is known. Seeing a new possibility, connection or relationship can spark an invention. Inventive thinking frequently involves combining concepts or elements from different realms that would not normally be put together. Sometimes inventors disregard

1711-464: The public domain . An invention is anticipated (i.e. not new) and therefore not patentable if it was known to the public before the priority date of the patent application . Although the concept of "novelty" in patent law appears simple and self-explanatory, this view is very far from reality. Some of the most contentious questions of novelty comprise: Novelty is requirement for a patent claim to be patentable . In contrast, if an invention

1770-479: The "abstract idea" test, which suffers from abstractness itself, but none have succeeded. The last attempt so far was the "machine or transformation" test, but the U.S. Supreme Court decided in 2010 that it is merely an indication at best. In India, invention means a new product or process that involves an inventive step, and capable of being made or used in an industry. Whereas, "new invention" means any invention that has not been anticipated in any prior art or used in

1829-484: The European invention concept. The European invention concept corresponds to the American "patentable subject matter" concept: the first test a patent application is submitted to. While the statute (35 USC § 101) virtually poses no limits to patenting whatsoever, courts have decided in binding precedents that abstract ideas, natural phenomena and laws of nature are not patentable. Various attempts have been made to substantiate

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1888-698: The Lawrence Award requires that all recipients: Nomination is made by a letter of justification, curriculum vitae, a statement explaining the nominee's connection to DOE support, a no more than 35 word citation, a bibliography of significant publications, and identifying the award category of the nominee (Atomic, Molecular, and Chemical Sciences; Biological and Environmental Sciences; Computer, Information, and Knowledge Sciences; Condensed Matter and Materials Sciences; Energy Science and Innovation; Fusion and Plasma Sciences; High Energy and Nuclear Physics; or National Security and Nonproliferation). An individual's nomination

1947-857: The Nobel Prize in 2000 and has led to innovative lighting, display screens, wallpaper and much more (see conductive polymer , and organic light-emitting diode or OLED ). Invention is often an exploratory process with an uncertain or unknown outcome. There are failures as well as successes. Inspiration can start the process, but no matter how complete the initial idea, inventions typically must be developed. Inventors may, for example, try to improve something by making it more effective, healthier, faster, more efficient, easier to use, serve more purposes, longer lasting, cheaper, more ecologically friendly, or aesthetically different, lighter weight, more ergonomic , structurally different, with new light or color properties, etc. In economic theory , inventions are one of

2006-785: The atomic bomb, computing, the Internet , and the smartphone. Sociopolitical inventions comprise new laws, institutions, and procedures that change modes of social behavior and establish new forms of human interaction and organization. Examples include the British Parliament , the US Constitution , the Manchester (UK) General Union of Trades, the Boy Scouts, the Red Cross , the Olympic Games ,

2065-487: The boundaries between distinctly separate territories or fields. Several concepts may be considered when thinking about invention. Play may lead to invention. Childhood curiosity, experimentation, and imagination can develop one's play instinct. Inventors feel the need to play with things that interest them, and to explore, and this internal drive brings about novel creations. Sometimes inventions and ideas may seem to arise spontaneously while daydreaming , especially when

2124-544: The broad missions of the U.S. Department of Energy and its programs. The Lawrence Award is administered by the Department of Energy's Office of Science . Each Lawrence Award recipient receives a citation signed by the Secretary of Energy , a gold medal bearing the likeness of Ernest Orlando Lawrence, and a $ 20,000 honorarium . The Ernest Orlando Lawrence Awards honor scientists and engineers, at mid-career, showing promise for

2183-554: The case of polytetrafluoroethylene (Teflon). Insight can also be a vital element of invention. Such inventive insights may begin with questions, doubt or a hunch . It may begin by recognizing that something unusual or accidental may be useful or that it could open a new avenue for exploration. For example, the odd metallic color of plastic made by accidentally adding a thousand times too much catalyst led scientists to explore its metal-like properties, inventing electrically conductive plastic and light emitting plastic—an invention that won

2242-517: The chief examples of " positive externalities ", a beneficial side effect that falls on those outside a transaction or activity. One of the central concepts of economics is that externalities should be internalized—unless some of the benefits of this positive externality can be captured by the parties, the parties are under-rewarded for their inventions, and systematic under-rewarding leads to under-investment in activities that lead to inventions. The patent system captures those positive externalities for

2301-482: The conscious mind turns away from the subject or problem when the inventor's focus is on something else, or while relaxing or sleeping. A novel idea may come in a flash—a Eureka ! moment. For example, after years of working to figure out the general theory of relativity, the solution came to Einstein suddenly in a dream "like a giant die making an indelible impress, a huge map of the universe outlined itself in one clear vision". Inventions can also be accidental, such as in

2360-473: The country or anywhere in the world. Invention has a long and important history in the arts . Inventive thinking has always played a vital role in the creative process . While some inventions in the arts are patentable , others are not because they cannot fulfill the strict requirements governments have established for granting them. (see patent ). Some inventions in art include the: Likewise, Jackson Pollock invented an entirely new form of painting and

2419-839: The epic, tragedy , comedy, the novel , the sonnet , the Renaissance , neoclassicism, Romanticism , Symbolism , Aestheticism, Socialist Realism , Surrealism , postmodernism , and (according to Freud) psychoanalysis . Among the inventions of artists and musicians are oil painting, printmaking, photography , cinema , musical tonality, atonality, jazz , rock, opera , and the symphony orchestra. Philosophers have invented logic (several times), dialectics , idealism, materialism, utopia , anarchism , semiotics , phenomenology , behaviorism , positivism , pragmatism , and deconstruction . Religious thinkers are responsible for such inventions as monotheism , pantheism , Methodism , Mormonism , iconoclasm, puritanism , deism , secularism, ecumenism, and

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2478-473: The future, for exceptional contributions in research and development supporting the U.S. Department of Energy and its mission to advance the national economic and energy security of the United States. Beginning in 2011, the awards are given annually. One Lawrence Award is given in each of the following eight fields: The objectives of the Ernest Orlando Lawrence Awards are: Eligibility for

2537-410: The invention before the filing date . That is, if the inventor or the successor in title publishes the invention, an application can still be validly filed which will be considered novel despite the publication, provided that the filing is made during the grace period following the publication. The grace period is usually 6 or 12 months. In China, the grace period is 6 months. In Russia, the grace period

2596-403: The invention may also be termed its "point of departure from the prior art". The term is also applied to a patentability test – the point of novelty test – which determines patentability (usually, obviousness ) by considering the point(s) of novelty after dissecting out the conventional part. In a Jepson claim , the conventional parts of the claim elements are placed in a preamble, such as "In

2655-441: The inventor or other patent owner so that the economy as a whole invests an optimum amount of resources in the invention process. In contrast to invention, innovation is the implementation of a creative idea that specifically leads to greater value or usefulness. That is, while an invention may be useless or have no value yet still be an invention, an innovation must have some sort of value, typically economic. The term invention

2714-415: The mind is free from its usual concerns. For example, both J. K. Rowling (the creator of Harry Potter ) and Frank Hornby (the inventor of Meccano ) first had their ideas while on train journeys. In contrast, the successful aerospace engineer Max Munk advocated "aimful thinking". To invent is to see anew. Inventors often envision a new idea, seeing it in their mind's eye . New ideas can arise when

2773-402: The most notable artistic inventors. Historically, women in many regions have been unrecognised for their inventive contributions (except Russia and France ), despite being the sole inventor or co-inventor in inventions, including highly notable inventions. Notable examples include Margaret Knight who faced significant challenges in receiving credit for her inventions; Elizabeth Magie who

2832-465: The novelty of an invention, even once a patent has been granted, since some little known publication may have disclosed the claimed invention. A patent grants an inventor a legally enforceable monopoly over their invention. This means that others can be legally restrained from exploiting the invention. It is not the intention of the patent system to deny anyone what they have been free to do before someone claims an invention. For example, one cannot patent

2891-516: The otherwise ineligible underlying idea. The "contribution approach" in European patent law is similar to the American "point of novelty" approach. It is supposed to be invalid, but it is still being applied under various guises in order to avoid counter-intuitive results. In Canada, the requirements for novelty are codified under section 28.2 of the Patent Act (R.S.C., 1985, c. P-4) : The section does not restrict disclosure to prior patents, giving

2950-464: The point of novelty method of analysis when the elements at the point of novelty cooperate or co-act with the conventional elements or part of them in a novel way. The novel co-action is properly considered part of the point of novelty of the invention and should therefore properly be recited after the transitional phrase. The United States Court of Appeals for the Federal Circuit formerly used

3009-531: The point of novelty test for design patents as the basis of a patent infringement analysis, but the court recently abandoned that test in Egyptian Goddess, Inc. v. Swisa, Inc. The Federal Circuit has at times criticized use of the point of novelty test in obviousness analysis, but the Supreme Court has continued to use a point of novelty test for obviousness. In Parker v. Flook the Supreme Court analyzed patent-eligibility ( statutory subject matter ) under

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3068-445: The process of developing an invention, the initial idea may change. The invention may become simpler, more practical, it may expand, or it may even morph into something totally different. Working on one invention can lead to others too. History shows that turning the concept of an invention into a working device is not always swift or direct. Inventions may also become more useful after time passes and other changes occur. For example,

3127-697: The public are written publications, sales, public oral disclosures and public demonstrations or use. The grace period should not be confused with the priority year defined by Paris Convention for the Protection of Industrial Property . The priority year starts when the first filing in a contracting state of the Paris Convention is made, while the grace period starts from the pre-filing publication. Local novelty only regards publications, uses or sales that have taken place within that jurisdiction to be novelty destroying. Another controversial issue in novelty analysis

3186-445: The state of art which is inconsistent with the invention being new". Anticipation and infringement are two sides of the same coin: that which anticipates earlier in time would infringe later in time. Point of novelty is a term used in patent law to distinguish those elements or limitations in a patent claim that are conventional or known from those elements or limitations that are novel, i.e. not conventional or known. That part of

3245-417: The term "inventor" no longer exclusively applies to an occupation (see human computers ). Some inventions can be patented. The system of patents was established to encourage inventors by granting limited-term, limited monopoly on inventions determined to be sufficiently novel, non-obvious, and useful . A patent legally protects the intellectual property rights of the inventor and legally recognizes that

3304-550: The wheel, as that would exclude others from doing what they had previously been free to do. The legal test is that the invention must be something new, i.e. it must possess "novelty". The invention of the wheel is not new, because the wheel already forms part of the prior art. In some countries, such as the Australia, Canada, China, Japan, Russia, United States, a grace period exists for protecting an inventor or their successor in title from authorised or unauthorised disclosure of

3363-718: Was In re Bergstrom , where a court reversed the Patent Office’s refusal to patent on prostaglandins . In Amgen, Inc. v. Chugai Pharmaceutical Co. (1991) and Schering Corp. v. Amgen Inc (2000), courts confirmed patentability of recombinant DNA molecules, which encode known proteins. The practice of patenting isolated products of nature came to an end only in 2013, when the SCOTUS decided in Association for Molecular Pathology v. Myriad Genetics, Inc. that an isolated product of Nature (a DNA sequence in that case) does not deserve

3422-412: Was known to the public before filing a patent application , or before its date of priority , if the priority of an earlier patent application is claimed, the invention is not considered new and therefore not patentable. To assess the novelty of an invention, a search through what is called the prior art is usually performed, the term "art" referring to the relevant technical field. A prior art search

3481-484: Was not credited for her invention of the game of Monopoly ; and among other such examples, Chien-Shiung Wu whose male colleagues alone were awarded the Nobel Prize for their joint contributions to physics. Societal prejudice, institutional, educational and often legal patent barriers have both played a role in the gender invention gap. For example, although there could be found female patenters in US patent Office who also are likely to be helpful in their experience, still

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