bna’s intellectual property library · bna’s intellectual property library contains all...

User’s Guide

BNA Training and Product Support

BNA’s Intellectual Property Library

To begin using BNA’s Intellectual Property Library for the first time, click the links in the Getting Started frame on the Home Page.

First-Time User Setup• - information on the hardware and software requirements. Quick Tour• - introductory tour of the Library in Adobe® Flash™.Frequently Asked Questions• - about the Library’s content and functionality.Instructor-Led Training Options• - outlines all of the training available to you by BNA’s specialized team of trainers. Quick Reference Card• - highlights the components of the Home Page, Search, and Headnote Finder functionality. Training and Support• - Contact information for BNA’s Customer Contact Center and complimentary training and content support resources.

Getting Started

BNA Training & Product Support is dedicated to helping you get the most value from your subscription. We encourage all end users to participate in a complimentary session with a professional trainer.

Call BNA at 1-800-372-1033, option 5, option 2 (Monday - Friday 8:30 a.m. to 7:00 p.m. ET) ore-mail us at [email protected].

Our training options are designed to meet your information needs, match your learning style, and accommodate your schedule. For a description of training options, see back cover. BNA also provides content support for subscribers.

Contact Training & Product Support

BNA Training and Product Support 1-800-372-1033, option 5 1

BNA’s Intellectual Property Library

User’s Guide

Table of ContentsIntroduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Topical access to all decisional material.

Home Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Highlights of the user-friendly home page.

Headnote Finder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Access on-point legal decisions and information.

Searching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Locate the specific cases and other information you need for your research.

Search Results. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Highlights of the search results page, designed for ease of use.

Treatises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Information on how to search Harmon’s Patents and the Federal Circuit, and Harmon on Patents: Black-Letter Law and Commentary.

Laws and Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Text of federal laws and regulations.

Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside back coverInformation on how to print a single or multiple documents.

BNA Training and Product Support 1-800-372-1033, option 52

BNA’s Intellectual Property Library is a complete Web reference resource for court decisions and other key information related to intellectual property law.

BNA’s content is created by the legal publishing industry’s largest and most experienced editorial staff. Our legal editors are subject matter experts — not generalists. The legal editors of BNA’s Intellectual Property Library review all intellectual property cases, then draw upon decades of experience to carefully identify the significant points that every intellectual property practitioner needs to see. The editors also analyze and pull together the relevant laws and regulations.

Patents and the Federal Circuit, by noted IP attorney, Robert L. Harmon, is the recognized authority for comprehensive analysis of Federal Circuit cases. The treatise includes chapters on Patentability, Infringement, Ownership and Enforcement, Remedies, the Patent Office, and the Federal Circuit court, including expert commentary on trends and tactics.

Harmon on Patents: Black-Letter Law and Commentary restates contemporary substantive patent law in a series of “black letter” rules, with extensive commentary that thoroughly answers any patent law question. This one-of-a-kind treatise combines expert analysis on modern substantive patent law with an historical background, giving perspective to the evolution of today’s patent law.

The Intellectual Property Library makes your research fast, easy, and accurate with expertly prepared indexes, headnotes, and a unique classification system. The Library has an intuitive search interface with advanced search capabilities, and simple, easy-to-use navigation.

ContentThe Library contains:

all volumes of the • United States Patent Quarterly, dating back to 1929, full text of U.S. Code, Titles 35 (Patents) and 17 (Copyrights), and selected portions of Title •15 (Trademarks in Chapter 22, and Technology Innovation in Chapter 63),full text of Title 37 of the Federal Code of Regulations, and •2 BNA treatises: • Patents and the Federal Circuit, by Robert L. Harmon, and Harmon on Patents: Black-Letter Law and Commentary.

Introduction


You can also search the Index. See the Searching section of this User’s Guide (p. 8) for specific instructions on how to search.

IndexBNA Indexes are compiled by a dedicated legal staff of subject specialists. Here the keyword index helps you find court decisions and their headnotes. Links to browse or search the index are located in the top left corner of the home page.

Example: Has the trademark principle of “confusion” been applied to ladies’ handbags?

Browse the Topical Indexes and use the alphabetical toolbar to link to your topic.


Home PageThe Home Page is the main access point for searching or browsing all content in the Intellectual Property Library.

Preferences

Browse or search the topical keyword index to find cases and headnotes.

BannerThe Intellectual Property Library banner is static at the top of each page in the Library. Direct links to Favorites, Preferences, Site Map, Help, Search templates, and all content files.

Search HistorySearch History accesses the list of searches conducted during a session. When the session is ended, the Search History is cleared. To save a search for subsequent use, click Save on any Search Results screen. The search terms and parameters are moved to the Saved Searches file.

Saved SearchesSaved Searches transfer from session to session. To save and access your Search History, you must create a user account through Preferences.

Site LinksBrowse or search content with the site links.

Treatises - Harmon’s • Patents and the Federal Circuit, and Harmon on Patents: Black-Letter Law and Commentary.Laws and Regulations - intellectual property •related federal laws and regulations.Library Update - list and summary of the most •recent court decisions added to the Library.

Use BNA’s exclusive classification system to review the headnotes assigned to each classification number sorted by court and date.

Headnote Finder

Find a USPQ Case by Citation Use Find a Case by Citation when you know either the BNA or non-BNA case citation and want to go directly to that case.

Find CasesCustomized search tools are available for fast and accurate searching of court decisions.

Most Recent USPQ Cases Links to a list of new cases added to the Library.

Search All USPQ CasesLinks to the Advanced Search screen, with the Cases and Decisions collection already preselected.

Index

FavoritesFavorites allow you to have immediate one-click access to any document. To place a document on your Favorites list, click on Add to Favorites in the navigation bar on any full text page.

Click for formatting guidance.Use Preferences to choose the default display for Search Results, and view Index Search Results and to choose the size of your text.

Browse to locate classified headnotes written to accompany cases published in USPQ and classified under one or more classification numbers. This outline lists the classification numbers used in USPQ First and Second Series, and the descriptors which delineate the subject matter covered by each classification number.

Classification Numbers by Browsing

Classification Numbers by SearchingSearch to locate classified headnotes written to accompany cases published in USPQ with the Cases and Decisions collection already preselected.


The Banner remains static at the top of each Web page in the Library.


BNA’s Intellectual Property Library contains all decisions reported in U.S. Patents Quarterly, First and Second Series, since that service began in 1929. These include decisions from the Federal Circuit, U.S. Supreme Court, U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences, and other federal and state courts.

BNA’s staff of experienced legal editors have written headnotes or digests for each decision. The headnotes summarize the important points of law decided in the case. Each headnote is classified under BNA’s exclusive Classification Outline and grouped together with headnotes from other decisions for easy retrieval by BNA subscribers.

The Headnote Finder allows you to view all the headnotes associated with any classification number, and it also allows you to limit the view by court, date, or keyword phrase.

Headnote Finder

Example: When and how does the “fair use” defense apply to actions for trademark infringement involving Internet domain names?

2. On the results page, click on the + sign and expand FAIR USE. Click on 335.1003 (Trademark infringement, defense).

1. Search the Topical Index for “fair use”.


4. Enter “domain name” in the Words within Headnotes text box. [Enter] or click Go.

5. Browse Headnotes for pertinent cases or Jump To cases in other jurisdictions.

3. On the Headnote Finder results page, select Headnote Finder.


Searching

Advanced Search

To begin a search, click on the yellow Search box in the top right corner of any web page on the Intellectual Property Library.

The two Advanced Search screens give you maximum flexibility to formulate your search. You can use the search fields, Boolean logic, date restrictions, and you can limit your search to one or more of the Library’s many collections or you can search simultaneously in numerous collections.

Example: How has the Federal Circuit been applying the obviousness standard in design patent cases?

1. Select the Cases and Decisions collection in the Choose Collections to Search list.2. Click on Add to move it to the Your Current Selections column. 3. Click on Next (bottom right).

Hint! To save specific content collections for later sessions, click Save Selection located above the Your Current Selections window on the right of the screen.

Advanced Search — Screen 1On Screen 1, select the specific collection(s) to be searched, or use your previously saved collection.

Note:The selected collection(s) remain the default selection until the browser is closed and the session ended, or until another content selection is made in a session.


Advanced Search — Screen 2Structure your search on this screen. Enter your search terms in the Enter search term(s) text box. Your search can be as simple as a single word, or it can be a complicated Boolean search with multiple connectors or operators, all of which can be selected right on the screen.

Use the drop-down menu under Choose a field to select fields to search.

Standardized date limiters are available, but a customized date or range of dates can be chosen.

4. On Advanced Search screen 2, enter this search string into the search box: obvious* OR nonobvious* AND “design patent” AND COURT (Fed. Cir.). Enter or click on Search.

Note: As an alternative to Main Search, Guided Search allows you to construct your search within specific parameters. The parameters available in Guided Search are customized to the content being searched.


Search Results in a split screen display.

Search ResultsThe search results page display is similar for all content in the Intellectual Property Library. Search results for cases are in date order within each court grouping. To easily navigate through search results, use the Split Screen option. The split screen view allows you to see the entire results list on the left hand column and the full text of any document on the right.

Search Results ToolbarOn the search results toolbar you can:

Edit• , Save, or Clear your search terms, Click on • Search within Results to refine your search, Print single or multiple documents by clicking on • (see Printing on the inside back cover for specific information on how to print),To add a case or document to your • Favorites list, click on Add to Favorites, andGo to Hits.•

Case CitationsThe BNA citation is in the title of the decision. If a non-BNA citation is avail-able, both the BNA and parallel citation are listed in the Title area of the case.

Page NumbersPage numbers for BNA Citations are incorporated into the online text of legal case decisions.

Split ScreenThe split screen feature allows simultaneous viewing of the search results and the full text of the documents in those results. Click on Full Screen to toggle back to the full screen display.


Included in the Intellectual Property Library is Patents and the Federal Circuit by Robert L. Harmon, Esq., and Harmon on Patents: Black-Letter Law and Commentary. Harmon’s insight into the field of patent law have made him the recognized authority on the Federal Circuit’s patent case law and Black Letter law.The treatises and supplements are both browsable and searchable.

Treatises


You can browse or search for Laws and Regulations. The Laws and Regulations collection provides full text and summaries of content grouped by subject area.

Laws and Regulations

1. Search for “confusion” in the Laws and Regulations collection. [Enter] or click Search.

2. View search results by clicking on the linked text.

3. The linked content list allows you to return to any level of the content.


You can print single or multiple documents.

To print a single document, click the print icon while the document is on the screen.

To print multiple documents from the search results list, click the checkbox next to each document title and then click on the print icon located on the Search Results toolbar.

Printing

BNA’s print-friendly functionality allows you to format documents before you print them.

The print dialog box displays two options for printing: RTF or HTML.

Select RTF when you want to use the file in a word processing document. When printing more than one document, RTF inserts page breaks between each document.

Select HTML when you want a version of the document that looks like the one on the screen.

Source information is added to the top and bottom of all printed documents.

Print Dialog Box

Complimentary TrainingExpress Training

Designed for the busy professional, this session gets you up and run-ning in 30 minutes or less. Express Training familiarizes you with the basic functions of the product.

Basic Training In this hour-long session, participants will develop basic skills to effectively search the content of the Library. Participants will see how the Library’s components complement one another and learn how to cross-search them.

Content SupportFor product content questions or assistance researching a specifictopic, BNA’s training & product support staff is available to answeryour questions. The product support team can help locate relevantinformation in a BNA service, assist in building effective researchstrategies, explain the editorial scope of coverage in your BNA ser-vice, or verify when and if certain data will be published by BNA.

How to Contact Us Phone: 800-372-1033, option 5

E-mail: [email protected]: 301-294-6760

Hours of Operation Monday - Friday 8:30 am - 7:00 pm ET

(Excludes most federal holidays)

About BNABNA delivers specialized information to business, government, and legal professionals at every level of expertise. As the leading independent publisher of print and electronic news, analysis, and reference products, BNA has provided intensive coverage of new developments in law and regulation for more than 75 years.

BNA information services cover a full range of legal, legislative, and regulatory subjects. An extensive network of more than 500 BNA lawyer-editors and correspondents, posted at federal, state, and international government offices, courts, and other key locations, ensures that you have timely information and expert analysis of the issues that matter most to you and your work. Our authoritative, nonpartisan publications are widely recognized for their editorial excellence and objectivity.

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