6.1 chapter 6 patents © 2003 by west legal studies in business/a division of thomson learning
TRANSCRIPT
6.1
Chapter 6
Patents
© 2003 by West Legal Studies in Business/A Division of Thomson Learning
6.2
Overview of Patent Law
Invention Patent Embodiment Qualification procedure Patent prosecution Examiner and examination process
6.3
InternationalPatent Law
Discuss the impact of each of the following international laws:
1.Paris Convention
2.Patent Cooperation Treaty
3.European Patent Convention
4.Patent Law Treaty
5.Trade Related Intellectual Property
Let’sDiscuss
Let’sDiscuss
Let’sDiscuss
Let’sDiscuss
6.4
Patentability: Areas of Patentable Subject
Matter
Machine
Manufacture
Process
Composition of matter
6.5
Patentability: Areas of Non-Patentable Subject
Matter
Naturally occurring things
Abstract ideas
Laws of nature
Mathematical formulae
6.6
Other Areas of Patentability
Methods of doing business
Computer software
Biotechnology
6.7
Patentability: Novelty
Publicly-available knowledge
One-year grace period
First-to-invent
Searching the prior art http://www.uspto.gov/patft/index.html
http://www.libraries.psu.edu/business/patents/search.htm
6.8
Patentability: Non-obviousness
The patent should not be The patent should not be granted on a novel granted on a novel
invention if the invention if the advancement is small advancement is small and represents merely and represents merely minor improvements minor improvements
over the prior art.over the prior art.
6.9
Patentability: Non-obviousness
Three step analysis required by Supreme Court
Determine scope and content of prior art
(Graham v. John Deere Co., 381 U.S. 1 (1966))
Search and analysis of
Published patents
Scientific journals
Textbooks
6.10
Patentability: Non-obviousness
Three step analysis required by Supreme Court
Determine the level of skill of the person of ordinary skill in the art
Takes perspective of other possible inventors
6.11
Patentability: Non-obviousness
Three step analysis required by Supreme Court
Compare with prior art
Are improvements significant?
6.12
Patentability:Secondary Considerations
Long felt, unmet need
Commercial success
Use or copying by others
6.13
The Patenting Process
The Patent and Trademark Office Manual of Patent Examination Procedure
The patent application
Ethical consideration
Inventorship
Provisional patent applications
The PTO’s electronic filing system
Disclosure Secrecy
6.14
Patent Infringement
1. Literal infringement
2. Doctrine of equivalents
3. Defenses to infringement
Patent Office
6.15
Remedies
Equitable remedies
Legal remedies
International remedies
6.16
Sui Generis Protections
Design patents
Semiconductor chip protections
Plant patents
Protected Not Protected
6.17
Questions & Discussion