Patent Law in Nutshell 3rd edition by Randall Rader, Benjamin Christoff 168328531X 9781683285311

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ISBN 10: 168328531X

ISBN 13: 9781683285311

Author:  Randall Rader, Benjamin J Christoff

This Nutshell provides a succinct description of the fundamentals of U.S. patent law. Ranging from the acquisition of patent rights to their enforcement, it contains an overview of relevant statutes, rules, and cases that collectively define this area of intellectual property law. Topics include claim construction, obviousness, anticipation, written description and enablement, infringement, remedies, and other notable doctrines. Patent law has evolved quickly in the past few years. This Nutshell captures those changes and relates them well to the overall fabric of intellectual property law. This reference is suitable for use by those with a beginner’s knowledge of patent law, but it has sufficient depth to be instructive for every practitioner in this exciting and dynamic field.

Patent Law in Nutshell 3rd Table of contents:

 

Chapter 1: Foundations of Patent Law
I. Foundations of Patent Law
II. Economics (Incentive to Invent)
III. History: Antidote to Trade Secrets (Incentive to Disclose)
IV. History: Technology Transfer
V. Natural Rights (Entitlement Theory)
VI. Patents and Public Utility Theory
VII. Conclusion

Chapter 2: Patent Acquisition
I. The United States Patent and Trademark Office
A. Examination
B. Historical Development
C. Organization
II. Prosecution Procedures
A. Application Types
1. Provisional Applications
2. Non-Provisional Applications
3. Continuing Applications
B. Publication Rule
C. Interferences & Derivation Proceedings
D. Petition and Appeal Rights
III. Post-Grant Procedures
A. Certificates of Correction
B. Reissue
1. Error Correction
2. Intervening Rights
3. Recapture
C. Reexamination, Supplemental Examination & Inter Partes Review
1. Ex Parte Reexamination
2. Supplemental Examination
3. Inter Partes Reexamination & Inter Partes Review
D. Post-Grant Review
IV. Conclusion: The World’s Most Liberal System

Chapter 3: Patent Eligibility
I. Introduction
A. The Constitution & Laws of Nature
B. The Language of § 101
II. Processes
A. Process Versus Product Claims
B. Computer-Related Inventions
C. Tax Strategies
D. Methods of Medical Treatment
E. Compositions of Matter and Biotechnology
III. TRIPS

Chapter 4: Utility
I. Introduction
A. § 101
B. Historical Development of the Doctrine
II. Three Types of Utility
A. Chemistry and Biotechnology
B. Biotech Guidelines
III. Industrial Application

Chapter 5: Anticipation
I. Introduction
II. Identification of Prior Art Under the U.S. First-to-Invent Regime
A. Novelty Under the First-to-Invent Regime
B. Secret Prior Art Under the First-to-Invent Regime
III. Identification of Prior Art Under the U.S. First-Inventor-to-File Regime
A. Novelty Under the First-Inventor-to-File Regime
B. Secret Prior Art Under the First-Inventor-to-File Regime
IV. Anticipation
A. Each and Every Element
B. Enablement Requirement
C. Inherency
D. Anticipation vs. Obviousness

Chapter 6: Statutory Bars
I. Introduction
II. Public Use Under the First-to-Invent Regime
A. Definitions
B. Activities of the Applicant
1. Informing
2. Non-Informing
3. Secret
C. Activities of Third Parties
1. Informing
2. Non-Informing
3. Secret
III. On Sale Bar Under the First-to-Invent Regime
A. Definitions
B. Two-Part Test
1. Commercial Offer for Sale
2. Ready for Patenting
IV. Experimental Use Negation Under the First-to-Invent Regime
A. Exception Versus Negation
B. Sales of the Invention
V. Patents and Printed Publications
VI. Other Statutory Bars Under the First-to-Invent Regime
A. Abandonment
B. Delay

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