Patent Law Essentials: A Concise Guide, 5th Edition

Cover Half Title Title Page Copyright Dedication Contents Introduction 1: Overview 1.1: Origins 1.2: Summary and Road Map 1.3: Sources of Law 2: Patents Distinguished from Other Rights 2.1: Copyrights 2.2: Trademarks 2.3: Trade Secrets 2.4: Patents 3: Reading a Patent 3.1: General Information 3.2: Drawings 3.3: Specification 3.4 Claims 4: Patentable Subject Matter 4.1: Laws and Phenomena of Nature 4.2: Living Organisms 4.3: Abstract Ideas 4.4: Business Methods 4.5: Mental Processes 4.6: Computer Programs 4.7: Printed Matter 5: Patent Prosecution 5.1: Examination. 5.2: Continuations and Continuations-in-Part5.3: Divisional Applications 5.4: Interferences and Derivation Proceedings 5.5: Reissue 5.6: Reexamination and Review 6: Ownership and Other Rights 6.1: Inventorship 6.2: Assignments 6.3: Licenses 6.4: Exhaustion and â#x80 #x9C First Saleâ#x80 #x9D 7: Interpreting Patent Claims 7.1: â#x80 #x9C Ordinary Meaningâ#x80 #x9D 7.2: The Specification 7.3: The Prosecution History 7.4: Other Claims 7.5: Validity 7.6: Preambles 7.7: Special Claim Formats 8: Conditions of Patentability 8.1: Examination and Litigation 8.2: Presumption of Validity 8.3: Assignor Estoppel. 8.4: Utility8.5: Definiteness 8.6: Enablement 8.7: Best Mode 8.8: Written Description Requirement 8.9: Novelty and Obviousness 8.10: Double Patenting 9: Enforceability Defenses 9.1: Inequitable Conduct 9.2: Misuse 10: Infringement 10.1: Patent Term 10.2: Geographic Limitations 10.3: State of Mind 10.4: Direct and Indirect Infringement 10.5: Literal Infringement 10.6: The Doctrine of Equivalents 10.7: Equivalence in the Context of Means-Plus-Function Claims 10.8: The Reverse Doctrine of Equivalents 10.9: The Experimental Use Defense 10.10: The Prior Commercial Use Defense. 11: Patent Litigation11.1: Jurisdiction and Venue 11.2: Declaratory Judgment 11.3: Burden of Proof 11.4: The Role of Judge and Jury 11.5: Bifurcation 11.6: Preliminary Injunctions 11.7: Summary Judgment 11.8: Remedies 11.9: The International Trade Commission 11.10: Judgments of Invalidity 12: Special Topics 12.1: Design Patents 12.2: Plant Patents Note on Sources Appendix A: Sample Utility Patents Appendix B: Sample Design Patents Index About the Author. Cover Half Title Title Page Copyright Dedication Contents Introduction 1: Overview 1.1: Origins 1.2: Summary and Road Map 1.3: Sources of Law 2: Patents Distinguished from Other Rights 2.1: Copyrights 2.2: Trademarks 2.3: Trade Secrets 2.4: Patents 3: Reading a Patent 3.1: General Information 3.2: Drawings 3.3: Specification 3.4 Claims 4: Patentable Subject Matter 4.1: Laws and Phenomena of Nature 4.2: Living Organisms 4.3: Abstract Ideas 4.4: Business Methods 4.5: Mental Processes 4.6: Computer Programs 4.7: Printed Matter 5: Patent Prosecution 5.1: Examination. 5.2: Continuations and Continuations-in-Part5.3: Divisional Applications 5.4: Interferences and Derivation Proceedings 5.5: Reissue 5.6: Reexamination and Review 6: Ownership and Other Rights 6.1: Inventorship 6.2: Assignments 6.3: Licenses 6.4: Exhaustion and â#x80 #x9C First Saleâ#x80 #x9D 7: Interpreting Patent Claims 7.1: â#x80 #x9C Ordinary Meaningâ#x80 #x9D 7.2: The Specification 7.3: The Prosecution History 7.4: Other Claims 7.5: Validity 7.6: Preambles 7.7: Special Claim Formats 8: Conditions of Patentability 8.1: Examination and Litigation 8.2: Presumption of Validity 8.3: Assignor Estoppel. 8.4: Utility8.5: Definiteness 8.6: Enablement 8.7: Best Mode 8.8: Written Description Requirement 8.9: Novelty and Obviousness 8.10: Double Patenting 9: Enforceability Defenses 9.1: Inequitable Conduct 9.2: Misuse 10: Infringement 10.1: Patent Term 10.2: Geographic Limitations 10.3: State of Mind 10.4: Direct and Indirect Infringement 10.5: Literal Infringement 10.6: The Doctrine of Equivalents 10.7: Equivalence in the Context of Means-Plus-Function Claims 10.8: The Reverse Doctrine of Equivalents 10.9: The Experimental Use Defense 10.10: The Prior Commercial Use Defense. 11: Patent Litigation11.1: Jurisdiction and Venue 11.2: Declaratory Judgment 11.3: Burden of Proof 11.4: The Role of Judge and Jury 11.5: Bifurcation 11.6: Preliminary Injunctions 11.7: Summary Judgment 11.8: Remedies 11.9: The International Trade Commission 11.10: Judgments of Invalidity 12: Special Topics 12.1: Design Patents 12.2: Plant Patents Note on Sources Appendix A: Sample Utility Patents Appendix B: Sample Design Patents Index About the Author. This essential desk reference for patent attorneys, engineers, entrepreneurs, innovators, development professionals, and students has been updated with the latest court cases and legislation.In a world in which businesses thrive on innovation, it is more important than ever to understand the sometimes arcane rules through which human ingenuity becomes intellectual property. Although many reference works on patent law exist, they are written for specialists. Through clear writing, specific examples, and focus on the fundamentals, Patent Law Essentials: A Concise Guide makes the basic rules of patent law accessible to businesspeople, engineers, students, and others who need to understand the rules of a notoriously complicated game. Patent Law Essentials begins with an overview of patent law and other aspects of intellectual property and then guides the reader through an example of an actual patent—one literally claiming'a better mousetrap.'The chapters that follow discuss the types of inventions that can be patented (recently a subject of much dispute), the process of applying for a patent, the requirements of a valid patent, and the procedures for determining if a patent has been infringed upon. The appendix includes several examples of actual U.S. patents, including the mousetrap patent discussed in detail in the early chapters. In a world in which businesses thrive on innovation, it is more important than ever to understand the sometimes arcane rules through which human ingenuity becomes intellectual property. Although many reference works on patent law exist, they are written for specialists. Through clear writing, specific examples, and focus on the fundamentals, Patent Law Essentials: A Concise Guide makes the basic rules of patent law accessible to businesspeople, engineers, students, and others who need to understand the rules of a notoriously complicated game. Patent Law Essentials begins with an overview of patent law and other aspects of intellectual property and then guides the reader through an example of an actual patent—one literally claiming "a better mousetrap." The chapters that follow discuss the types of inventions that can be patented (recently a subject of much dispute), the process of applying for a patent, the requirements of a valid patent, and the procedures for determining if a patent has been infringed upon. The appendix includes several examples of actual U.S. patents, including the mousetrap patent discussed in detail in the early chapters. Patents Distinguished From Other Rights -- Reading A Patent -- Patentable Subject Matter -- Patent Prosecution -- Ownership And Other Rights -interpreting Patent Claims -- Conditions Of Patentability -- Enforceability Defenses -- Infringement -- Patent Litigation -- Special Topics. Alan L. Durham. Includes Bibliographical References And Index. The appendix includes several examples of actual U.S. patents, including the mousetrap patent discussed in detail in the early chapters.Makes patent law accessible to both novice and expert practitionersDiscusses a number of recent landmark Supreme Court decisions, including Alice Corp.