Contents: Introduction and overview of a patent lawsuit -- The pizza box case: anatomy of a case for patent novices -- The complaint -- Motions to dismiss, to transfer, to strike -- Answer and counterclaims -- Preliminary injunction motions -- The case-management conference -- Discovery issues unique to patent cases -- Claim construction: the Markman hearing -- Summary judgment motions -- Pretrial issues and motions in limine -- Trial -- Posttrial proceedings -- The appeal.
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Invention and patents continues to be an important issue in technology and our global economy. Invention and Patenting provides a clear picture of how to be a prolific inventor, to understand patents, and the patent process. It provides an illuminating insight into the writing of invention disclosures to patents from the submission process to final drafts. The book shows how to communicate effectively with patent lawyers and patent examiners, teaching the language of "legalese." This book is unique in covering both the early invention process to final patent drafting to provide high quality patents in technologies. Key features include: How to become an inventor, how to invent, to what is invention; How to write an invention disclosure to writing a patent; Examples of utility, design, and plant patents; How to prepare the background section, brief listing of figures, detailed description of the invention, claims, abstract to artwork; Using patent search engines; Writing independent and dependent claims; Analyzing office actions of the US and European patent offices; How to write an office action response and amending claims; and, Examples of Office Action responses, preliminary amendments, to notice of allowance response; Invention and Patenting is the first book by an engineer and inventor from a technologist's point of view. It is an essential reference for engineers and inventors. It is also useful for graduate and undergraduate students in technology and the sciences.
In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future.
Stocked with drafting checklists and sample drafting language, documents and drawings, the second edition of How to Write a Patent Application walks you step-by-step through the entire process of preparing patent applications. This hands-on resource helps you: - Get from an inventor all the information needed to prepare an effective application - Claim an invention with sufficient breadth - Claim an invention so that the elements that render the invention nonobvious are clearly set forth in the claims - Claim an invention whose validity will be sustained by the courts - Avoid damaging drafting mistakes such as faulty transitions, inconsistent terminology, incorrect verb forms, and deficient functional language Completely up-to-date, How to Write a Patent Application analyzes developments under the America Invents Act, the latest USPTO initiatives, and key decisions of the federal courts, and provides the author's practical suggestions and commentary.
Contents: Copyright -- Three copyright issues -- Patent -- Trademarks -- Trade secrets -- Rights of publicity, privacy, and defamation -- International IP law -- Digital rights management -- Toward tomorrow, today : IP law in virtual worlds.
Patent Law, Third Edition, explores and explains landmark and important recent cases as it demystifies the field. Janice M. Mueller illuminates key doctrines, judicial authorities, statutes, and policy considerations at an appropriate level for students, attorneys, or laypersons with no technical background. Suitable for use with any patent casebook, this focused, lucid, and comprehensive text features : clarifies the principal legal doctrines, key judicial authority, governing statutes, and policy considerations for obtaining and enforcing a U.S. patent a dedicated chapter that addresses central aspects of international patent law as they affect U.S. practice boldfaced key terms in context and a convenient Glossary helpful visual aids, a sample patent, and excerpts from a sample prosecution history Updated throughout, The Third Edition of Patent Law presents : Recent U.S. Supreme Court patent decisions that are fundamentally rewriting Patent Law, including: eBay v. MercExchange, regarding standards for injunctive relief KSR Int’l v. Teleflex, regarding the nonobviousness requirement of patentability Microsoft v. AT&T, regarding territorial scope of U.S. patents MedImmune v. Genentech, regarding subject matter jurisdiction for declaratory judgment actions Quanta v. LG Elecs, regarding patent exhaustion doctrine Leading new decisions from the U.S. Court of Appeals For The Federal Circuit, including the court’s en banc decisions in in re Seagate Tech, regarding willful infringement Egyptian Goddess v. Swisa, regarding design patent infringement in re Bilski, regarding business method patentability When students need extra help with patent law, you can recommend this succinct, single-volume text with confidence.
This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner's knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field.
The new edition of this leading text on patent law is an indispensable tool for both students and practitioners. The authoritative exposition of the law includes thoughtful analysis of the intricacies of the America Invents Act, in-depth discussion of nearly twenty recent Supreme Court decisions on patent law, and thorough treatment of all the leading Federal Circuit precedents. The volume also contains detailed materials on international issues, trade secret law, and specialized topics including plant patents, design patents and the Hatch-Waxman Act. The accessible prose, numerous illustrative examples, and humorous asides make the book user-friendly even for those who lack previous exposure to the field.
The patent grant and the meaning of patents -- Types of patents -- Other features of patents -- The value of patents -- How to evaluate an invention -- What a patent is not -- What is patentable? -- Who may obtain a patent? -- When may one apply for a patent? -- How to obtain a patent -- Prepare a disclosure of the invention -- Conduct a patentability search -- Prepare and file the patent application -- Provisional and non-provisional patent applications -- Prosecution of the non-provisional patent application -- Issuance of the patent -- Maintenance fees -- Exploitation of patents -- Enforcement of patents -- Alternatives to patent protection
This is the first book that comprehensively analyses co-patenting in Japan and the U.S., which directly signifies collaborations between firms and inventors, using the methodology of network science. Network science approaches enable us to analyse the structures of co-patenting networks. In addition, generative models in network science estimate the probability of new connections between nodes, which enables us to discuss the temporal development of networks. On the other hand, regression analyses, which are broadly used in the field of economics, may be effective for determining what attributes are important for firms and inventors that are going to be connected, but such techniques cannot consider the complexity of networks. This book compiles a series of studies by the author on geographical location and co-patenting using data that were published in eight academic journal articles. This book gives the reader ideas about how we can utilize patent data to understand how firms and inventors collaborate under the effect of complex networks.
This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.