Patent Law Fundamentals

This two volume looseleaf treatise offers procedural guidance to the Patent Act, the U.S. Patent and Trademark Office Rules, and the Manual of Patent Examining Procedure. The work provides substantive analysis of the Semiconductor Chip Protection Act, new patent interference rules, and the differences between U.S. and foreign patent law.

The second edition of Patent Law: Fundamentals of Doctrine and Policy provides a remarkably accessible yet robust introduction to patent law and its practical application. Written in a straightforward style, the authors focus on providing a deep understanding of doctrine and policy without "hiding the ball" in ways that can hinder student comprehension. The book will appeal to students who have scientific and technical backgrounds or prior patent experience, as well as students who simply have an interest in technology and innovation and seek a well-rounded legal education. The book teaches all the core patent statutes and doctrines in the United States patent system. The authors employ several pedagogical methods to ensure students' mastery of each topic. At the outset of each chapter and section are detailed explanations of the black letter law. When new concepts are introduced, the text provides examples and explanations along with diagrams and illustrations. Case law is edited to emphasize legal principles and avoid excessive technological complexities. Updates to the second edition include: Dozens of new case discussions to bring the legal content up to date; Revamped presentation of novelty to further emphasize AIA law over pre-AIA law; Added examples, explanations, and practice questions to reinforce understanding; Increased internal cross-referencing to highlight relationships between discussions across the text; Reordering of topic coverage to enhance comprehension; and Further editing and editorializing of cases to focus on salient points of law.

This introductory text explores the origins, sources, function, and values of the exciting world of Intellectual Property (IP). Topics covered include copyright, trademark, patent, trade secret, domain names, and geographical indication, with primary attention given to IP law in the United States and ample coverage of key international laws. The history, development, and modern language is presented in an easy-to-absorb modular format. This book is designed as a text for classroom use.Text Outcomes: Paralegal and Legal Studies students using this text should be able to: 1. Identify and describe the basic types of protectable IP rights in the United States; 2. Differentiate between the different forms of IP and the specific common law and statutory rights secured under both United States and, to a more limited degree, foreign law; 3. Identify the limits of IP rights by duration and statutory interpretation of language like the ''fair use'' doctrine for copyrights, and constitutional boundaries under the First Amendment; 4. Understand the basic research process used to discover or locate existing protectable interest in IP in the United States; 5. Understand the basic application processes used in the United States to register certain types of IP in order to obtain greater protection, and be familiar with the scope of that greater protection; 6. Demonstrate a basic familiarity with some common government websites and online research tools used in IP legal practice; 7. Articulate causes of action to protect IP rights, and understand the common defenses to claims of infringement or unfair competition; 8. Understand the various remedies available to address IP infringement or unfair competition in the United States, including civil and criminal proceedings and monetary and non-monetary remedies; 9. Discuss the public policy and societal value considerations behind modern IP rights and their limits.

Completely revised and updated, this sixth edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the fifth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth section on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: • subject matter of protection; • conditions of protection; • registration procedures; • scope of exclusive rights; • transfer of interests; • fair use; • rights in unregistered marks; • protection of computer software, code, and databases; • remedies and defenses; and • procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.

This authoritative, one-stop source of practical information on patent law fundamentals is stocked with forms, diagrams, flowcharts, and hypothetical Q&As. Patent Law gives you a hands-on knowledge of the rights, obligations, and limits of all parties - laws governing different types of patents - basics of patent office prosecution - tests used to determine the validity of inventions, direct infringement, and third-party liability - and the steps involved in preparing specifications and patent claims.

"This comprehensive book is the first of its kind to take scientists and engineers beyond simply getting a patent granted. Through the author's extensive technical background and experience in intellectual property licensing, it ties the many technical, legal and business aspects of patent enforcement to the innovation and patenting stage in the patent value chain, with the objective of helping inventors to create valuable patents that can be capitalized. In easy-to-understand language, this book covers various aspects, including basic concepts of patent laws and rules, innovation protection, patenting, patents post-granting and patent licensing. With over 40 tables, 70 figures, nearly 100 cases and examples, and a comprehensive index table, it serves as a practical handbook for inventors and patent practitioners. This second edition incorporates the latest changes in the America Invents Act (AIA), with additional case studies and illustrations throughout the book. For inventors who want to file patents by themselves, this new edition provides guidelines and step-by-step instructions on preparing and filing a US provisional patent application, while avoiding the pitfalls that commonly occur in do-it-yourself patenting."--