Introduction to Patent Law

Introduction to Patent Law PowerPoint PPT Presentation


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Hippodamus called for a system of rewards to those who discover things useful to the state.. . Sources of U.S. Patent Law. Patent ActParis ConventionThe Patent Cooperation Treaty (PCT)The General Agreement on Tariffs

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Introduction to Patent Law

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1. Introduction to Patent Law Aristotle condemned his colleague Hippodamus during discussions of rival descriptions of a good constitution. Explain that we begin with the study of patents, because this category of intellectual property provides the most protection while being the most difficult to obtainExplain that we begin with the study of patents, because this category of intellectual property provides the most protection while being the most difficult to obtain

2. Hippodamus called for a system of rewards to those who discover things useful to the state.

3. Sources of U.S. Patent Law Patent Act Paris Convention The Patent Cooperation Treaty (PCT) The General Agreement on Tariffs & Trade’s Agreement on Trade-Related Aspects of Intellectual Property (GATT-TRIPs)

4. Patentability of Inventions Substance Subject Matter Utility Non-obviousness Originality Novelty Procedure Application One Year Time Limit Specification Claims NOTE: Although specifications and claims are procedural requirements, their content forms the substance of much of the litigation over patent validity, priority, and infringement. Page 998 discusses the requirements for patent specification and claims. According to Section 112 of the Patent Act: - The patent application must contain a written description of the invention that is clear enough for a skilled artisan to make or use the subject matter - The patent application must set forth the best mode or manner of making the subject matter by the time of application filing - The patent application must contain claims that identify the inventionPage 998 discusses the requirements for patent specification and claims. According to Section 112 of the Patent Act: - The patent application must contain a written description of the invention that is clear enough for a skilled artisan to make or use the subject matter - The patent application must set forth the best mode or manner of making the subject matter by the time of application filing - The patent application must contain claims that identify the invention

5. Rights Conferred by Patent Make, Use, or Sell the Patent In the United States During the term of the Patent Begins on the patent issue date, but Ends 20 years from the U.S. application filing date Explain why the term life of the patent right ends 20 years after the application filing date, instead of 20 years after the patent issue date. The reason probably stems from the patentee’s ability to use the subject of the patent application during the one year period before which time not patent is required to protect the subject matter from being considered part of the public domain. Pp. 1018-1020 discuss the scope of patent rights. Specifications are written descriptions of inventions, which define the manner and the process of making and using the invention. With the specifications, a skilled artisan should be able to make and use the invention. In addition, specifications include the claims that the patentee makes about the subject matter.Explain why the term life of the patent right ends 20 years after the application filing date, instead of 20 years after the patent issue date. The reason probably stems from the patentee’s ability to use the subject of the patent application during the one year period before which time not patent is required to protect the subject matter from being considered part of the public domain. Pp. 1018-1020 discuss the scope of patent rights. Specifications are written descriptions of inventions, which define the manner and the process of making and using the invention. With the specifications, a skilled artisan should be able to make and use the invention. In addition, specifications include the claims that the patentee makes about the subject matter.

6. Statutory Subject Matter versus Nonstatutory Subject Matter Section 101 Statutory Subject Matter Process Product Machine Manufacture Composition of matter Improvement Section 101 Exclusions and Nonstatutory Subject Matter Inventions lacking a categorical home Laws of nature Natural phenomena Abstract ideas Mathematical algorithm Formula Calculation

7. Legal Application of Section 101 Subject Matter Subject Matter is established for: (1) Whoever invents or discovers (2) any new and useful (3) process, machine, manufacture, composition of matter (4) or any new and useful improvement (5) subject to conditions and requirements of Title 35

8. Subject Matter Cases Bold represents assigned cases Morse made a claim that his invention was the use of electromagnetism and he applied this invention of power to develop a telegraph. Specification and Claims: Specifications describe the invention. Specifications name the parts or components of the invention, describes how they work, and illustrates how they work together to perform the invention’s function. Thus, the specification must support the claims made by the inventor. The specification precedes the claim. The claim is the legal definition of the invention. First, a claim can be independent or dependent. Independent claims do not refer to any other claim or claims. A dependent claim refers to another claim and as such incorporates all of the limitations of the referenced claim on which it depends. O’Reilly v. Morse In Morse’s eight claim, he purports to be entitled to exclusive use for a term of years of the power of electromagnetism, and abstract idea. The Supreme Court deemed this claim to be too broad as it went beyond the scope of the specification that described the tangible invention of the telegraph employing the use of the power of electromagnetism. Parker v. Flook In Flook, a conclusion that the invention was nonstatutory subject matter was reached, because the inventor sought to exclude all others from the use of a formula. Such formulae are considered laws of nature, which belong to all men, not just to one man. Even though the result of the use of the formula was an end product, that result cannot be mere token post-solution activity. Also, the claim is not made valid simply by including limitations on the reach of the exclusive use of the formula.Morse made a claim that his invention was the use of electromagnetism and he applied this invention of power to develop a telegraph. Specification and Claims: Specifications describe the invention. Specifications name the parts or components of the invention, describes how they work, and illustrates how they work together to perform the invention’s function. Thus, the specification must support the claims made by the inventor. The specification precedes the claim. The claim is the legal definition of the invention. First, a claim can be independent or dependent. Independent claims do not refer to any other claim or claims. A dependent claim refers to another claim and as such incorporates all of the limitations of the referenced claim on which it depends. O’Reilly v. Morse In Morse’s eight claim, he purports to be entitled to exclusive use for a term of years of the power of electromagnetism, and abstract idea. The Supreme Court deemed this claim to be too broad as it went beyond the scope of the specification that described the tangible invention of the telegraph employing the use of the power of electromagnetism. Parker v. Flook In Flook, a conclusion that the invention was nonstatutory subject matter was reached, because the inventor sought to exclude all others from the use of a formula. Such formulae are considered laws of nature, which belong to all men, not just to one man. Even though the result of the use of the formula was an end product, that result cannot be mere token post-solution activity. Also, the claim is not made valid simply by including limitations on the reach of the exclusive use of the formula.

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