The primary purpose of the first edition of this book was to provide inventors and those who manage technology with sufficient understanding of the patent system to permit them to make use of it with the greatest possible degree of comfort. From the comments that I have received from readers of the first edition, it seems that this purpose was achieved to an appreciable extent. In fact, the audience for the book went beyond this and has been of use to those entering the patent profession and general attorneys who have technology-based clientele. This second edition discusses important changes in the law since the first, including the enactment of new laws as well as new insights into or inter- pretations of already existing statutes. Along with updating material, I have expanded certain discussions including more examples to illustrate some of the more complex issues covered.
In writing this book, I have tried not to lose sight of the underlying philosophy of the patent laws as expressed in ARTICLE 1, SECTION 8 of the United States Constitution: The Congress shall have the power to promote the sciences and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries. Encouragement of communication between an inventor and the general public is, therefore, the primary purpose and objective of the patent laws.
The primary purpose of the first edition of this book was to provide inventors and those who manage technology with sufficient understanding of the patent system to permit them to make use of it with the greatest possible degree of comfort. From the comments that I have received from readers of the first edition, it seems that this purpose was achieved to an appreciable extent. In fact, the audience for the book went beyond this and has been of use to those entering the patent profession and general attorneys who have technology-based clientele. This second edition discusses important changes in the law since the first, including the enactment of new laws as well as new insights into or inter- pretations of already existing statutes. Along with updating material, I have expanded certain discussions including more examples to illustrate some of the more complex issues covered.
In writing this book, I have tried not to lose sight of the underlying philosophy of the patent laws as expressed in ARTICLE 1, SECTION 8 of the United States Constitution: The Congress shall have the power to promote the sciences and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries. Encouragement of communication between an inventor and the general public is, therefore, the primary purpose and objective of the patent laws.
Auflage
Sprache
Verlagsort
Verlagsgruppe
Kluwer Academic Publishers Group
Zielgruppe
Editions-Typ
Illustrationen
17 black & white illustrations
Maße
Gewicht
ISBN-13
978-0-442-00177-3 (9780442001773)
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Schweitzer Klassifikation
1 Introduction.- 2 Basic Distinctions Between Patents, Copyrights, Trade Secrets, and Trademarks.- Constitutional Basis and Underlying Philosophy for Patents and Copyrights.- Patents.- Design Patents.- Plant Patents.- Plant Variety Protection Act.- Copyrights.- Trade Secrets.- Trademarks and Service Marks.- 3 Jurisdiction for Administering and Enforcing Laws Concerning Intellectual Property.- The United States Patent and Trademark Office (USPTO) and Appeals Therefrom.- United States District Courts and Appeals Therefrom.- US Claims Court and Appeals Therefrom.- International Trade Commission (ITC) and Appeals Therefrom.- Copyright Office.- State Courts.- Laws Related to Patents, Trademarks, and Copyrights.- Resolution of Disputes by Nonlitigation Methods.- 4 Patentability and Inventorship.- Patentability.- What Can Be Patented.- Utility.- Double Patenting.- Novelty and 35 USC 102.- Nonobviousness Requirement for Patentability USC 103.- Case Law Application of 35 USC 103.- Inventorship.- 5 The Patent Application.- Abstract of the Disclosure.- Description Portion of the Specification.- Written Description of the Invention.- Enablement.- Best Mode.- Drawings.- Models.- Claims.- Preamble of the Claim.- Transitional Phrase of the Claim.- Body of the Claim.- Types of Claims.- Doctrine of Equivalents.- Oath or Declaration.- Statutory Invention Registration (SIR).- 6 Prosecution of Patent Application.- Requirements for Obtaining a Filing Date.- Classification of Application for Examination Purposes.- Initial Substantive Review of Application by Examiner.- Response by Applicant.- Examination of Claims on Their Merits.- Response to Office Action.- Final Rejection of Claims and Response.- Appeal to Board of Patent Appeals and Interferences.- Interferences.- Review by Quality Control.- Notice of Allowance.- Certificates of Correction.- Reissues.- Reexamination.- Intervening Rights.- Protests.- Patent marking.- Types of Related Patent Applications.- 7 Reexamination.- Citation of Prior Art.- Request for Reexamination.- Substantial New Question of Patentability.- The Order to Reexamine.- Reexamination Proceeding.- Some Factors of Concern When Deciding to Reexamine or Whether to Take Some Other Action.- License Agreements and Reexamination.- 8 International Patent Treaties.- Paris Convention of 1883.- Patent Cooperation Treaty (PCT).- European Patents and the European Patent Convention (EPC).- Organisation Africaine de la Propriete Intellectuelle (OAPI).- African Regional Industrial Property Organization (ARIPO).- Inventor's Certificate.- 9 Trade Secrets and Commercial Considerations.- Trade Secrets.- Maintaining Secrecy.- Protection Afforded by Trade Secrets.- Patent or Keep Secret.- Commercial Considerations.- Restrictions on Exploitation of Patents.- Record Keeping.- Invention Disclosures.- Ownership of Invention.- Invention Incentive Programs.- 10 Searching.- Search Facilities at the United States Patent and Trademark Office.- Searching Organizations.- Reasons for Searching.- 11 Government Patent Policy.- General Considerations.- Small Business and Nonprofit Organizations.- March-In Rights.- Federal Technology Transfer Act.- 12 Trademarks and Service Marks.- Federal Trademark Registrations.- Categories of Terms and Secondary Meaning.- Benefits From Federal Registration.- Likelihood of Confusion.- Trade Names.- Trade Dress.- Searching.- 13 Copyrights and Semiconductor Chip Protection.- Copyrights.- Protection for Semiconductor Chips.- Important Addresses.- Acronyms.- Appendices A-S.
