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Introduction to Intellectual Property

Introduction to Intellectual Property. Class of Sept. 24 2003. Review: “Newness”. Novelty s. 102(a), ss. 102(e) Statutory bars s. 102(b). Exception to Public Use Statutory Bar. Exception to Public Use Statutory Bar.

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Introduction to Intellectual Property

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  1. Introduction to Intellectual Property Class of Sept. 24 2003

  2. Review: “Newness” • Novelty s. 102(a), ss. 102(e) • Statutory bars s. 102(b)

  3. Exception to Public Use Statutory Bar

  4. Exception to Public Use Statutory Bar • Experimental Use Exception : City of Elizabeth v. Pavement Co. CB 163 (1877)

  5. Other Newness Criteria • S. 102(c) - abandonment • S. 102(d) – certain foreign applications • S. 102(g) – lack of reasonable diligence can cause priority to be lost

  6. Problem 3-7 • Based on Alcoa v. Reynolds Metals, 14 U.S.P.Q. 2d 1170 (N.D. I. 1989)

  7. Problem 3-8 • Based on National Research Development Corp. v. Varian Assoc., 822 F. Supp. 1121 (D.N.J. 1993), aff’d in part, 30 U.S.P.Q. 2d 1537 (Fed. Cir. 1994)

  8. PRIORITY • 102(g)(1) • 102(g)(2) • First to invent vs. First to File

  9. HYPO • G conceives June 30 1981 • G reduces to practice Nov. 16 1982 • K files patent application Jan 14 1984 • Who has priority?

  10. HYPO • G conceives June 30 1981 • G reduces to practice Nov. 16 1982 • K files patent application Jan 14 1984 • Who has priority?

  11. HYPO 2 • G conceives June 30 1981 • K files for U.S. patent Nov. 17 1982 • G reduces to practice Jan 11 1984 • Who has priority?

  12. HYPO 3 • G conceives June 30 1981 • K conceives Jan 1 1982 • K reduces to practice Nov 11 1982 • G reduces to practice Jan 11 1984 • Priority? Whose, if any, diligence matters?

  13. PRIOR USER RIGHTS • To what extent do these exist in U.S. patent law?

  14. Non-Obviousness • S. 103 • Purpose? • Interpretation Graham v. John Deere

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