Patent Law Essentials: A Concise Guide

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Greenwood Publishing Group, Jan 1, 1999 - Law - 229 pages
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This consise, up-to-date survey of U.S. patent law uses examples, many from actual cases, to explain the various aspects of the patent system, including issues of patent validity, infringement, the application process, and litigation. Although many large multi-volume patent treatises are already available, this book will serve as a useful overview or starting point for further research. Patent claim interpretation, equivalence, prior art, and the extension of patent protection to non-traditional subject matter such as computer software are covered in detail. Appendixes contain sample U.S. patents.

This consise, up-to-date survey of U.S. patent law uses examples, many from actual cases, to explain the various aspects of the patent system, including issues of patent validity, infringement, the application process, and litigation. Although many large multi-volume patent treatises are already available, this book will serve as a useful overview or starting point for further research. Patent claim interpretation, equivalence, prior art, and the extension of patent protection to non-traditional subject matter such as computer software are covered in detail. Appendixes contain sample U.S. patents.

This guide is suitable as an introduction to the field for non-attorneys, including engineers or business persons with patent-related concerns. Attorneys can also use it as an introduction, a quick reference, or a case-finder. All discussions of the law are supported by citations to authority, including recent decisions by the Supreme Court and the Federal Circuit Court of Appeals. While this study provides a serious and comprehensive analysis of the law, it is presented in the simplest and clearest terms possible.

  

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专利:专利法律要件:简明指导

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Contents

Overview
1
12 SUMMARY AND ROADMAP
3
13 SOURCES OF LAW
7
Patents Distinguished from Other Rights
9
22 TRADEMARKS
11
24 PATENTS
14
Reading a Patent
15
32 DRAWINGS
17
88 WRITTEN DESCRIPTION REQUIREMENT
76
89 NOVELTY
80
810 SECTION 102b STATUTORY BARS
105
811 OTHER STATUTORY BARS 102c d
111
812 DOUBLE PATENTING
112
Enforceability Defenses
115
92 MISUSE
119
Infringement
123

33 SPECIFICATION
18
34 CLAIMS
19
Patentable Subject Matter
23
41 ABSTRACT IDEAS
24
43 LIVING ORGANISMS
25
44 ARTISTIC AND LITERARY CREATIONS
27
46 METHODS OF DOING BUSINESS
28
Patent Prosecution
31
52 CONTINUATIONS AND CONTINUATIONSINPART
33
53 DIVISIONAL APPLICATIONS
35
55 REISSUE
36
56 REEXAMINATION
38
Ownership and Other Rights
41
62 ASSIGNMENTS
43
63 LICENSES
44
Interpreting Patent Claims
49
71 PLAIN MEANING
50
72 SPECIFICATION
51
73 PROSECUTION HISTORY
53
75 VALIDITY
54
77 SPECIAL CLAIM FORMATS
56
Conditions of Patentability
61
82 PRESUMPTION OF VALIDITY
62
83 ASSIGNOR ESTOPPEL
63
85 DEFINITENESS
66
86 ENABLEMENT
69
87 BEST MODE
72
102 GEOGRAPHIC LIMITATIONS
124
103 STATE OF MIND
125
105 LITERAL INFRINGEMENT
129
106 THE DOCTRINE OF EQUIVALENTS
131
107 EQUIVALENCE IN THE CONTEXT OF MEANSPLUSFUNCTION CLAIMS
146
108 THE REVERSE DOCTRINE OF EQUIVALENTS
148
109 EXPERIMENTAL USE EXCEPTION TO INFRINGEMENT
149
Patent Litigation
151
111 JURISDICTION AND VENUE
152
112 DECLARATORY JUDGMENT
154
113 BURDEN OF PROOF
155
115 BIFURCATION
157
116 PRELIMINARY INJUNCTIONS
158
117 SUMMARY JUDGMENT
159
118 REMEDIES
160
119 THE INTERNATIONAL TRADE COMMISSION
171
1110 JUDGMENTS OF INVALIDITY
172
Special Topics
173
122 PLANT PATENTS
176
123 FOREIGN PATENTS
178
124 PATENTING COMPUTER PROGRAMS
179
Note on Sources
189
Sample Utility Patents
191
Sample Design Patents
208
Index
215
Copyright

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About the author (1999)

ALAN L. DURHAM is a Professor of Law at the University of Alabama, teaching courses in intellectual property and computer law. Professor Durham formerly practiced law in California's Silicon Valley, with the Palo Alto offices of Brown & Bain and Morrison & Foerster LLP. During that time he specialized in high-technology intellectual property litigation, with a particular emphasis on patent matters.

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