The Law and Strategy of Biotechnology Patents is a compendium of articles that sets to address and unravel the complexities of the laws and issues that apply to biotechnology inventions. The purpose of the book is to explain patent law, with special emphasis on the central role of patent claims, statutory subject matter, novelty, non-obviousness, disclosure considerations, and operation of the judicial system in relation to patents. The text also unveils the extent to which biotechnology merges established law with new requirements. Lawyers, inventors, researchers, technology development and transfer agents, venture capitalists, investment bankers, entrepreneurs, and researchers will find this book an important source of information and knowledge.
Sprache
Verlagsort
ISBN-13
978-1-4831-6193-8 (9781483161938)
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Schweitzer Klassifikation
ForewordPrefaceAcknowledgmentsPart I: Introduction 1. General Information 1.1 Using the Patent Statute Requires Planning 1.2 An Overview of the Content and Chapters 1.3 A Brief Overview of the Patent Statute 1.4 A Case Study: The Production of Acetone with Clostridium Acetobutylicum References 2. Patent Claims 2.1 The Central Role of Patent Claims 2.2 General Rules of Claim Interpretation 2.3 The Practical Interpretation of Patent Claims 2.4 Examples of Patent Claims in Biotechnology References 3. The Legal Decision-Making Process 3.1 The Patent Application Process 3.2 Proceedings on Issued Patents 3.3 Miscellaneous Matters References 4. Ownership of Tangible and Intellectual Property 4.1 Tangible Property versus Intangible Property 4.2 Trade Secret Issues 4.3 Ownership of Intellectual Property ReferencesPart II: Basic Requirements of Patentability 5. Patentable Subject Matter 5.1 Statutory Subject Matter 5.2 Practical Utility 5.3 Operability References 6. Novelty and the Public Domain 6.1 The Anatomy of Anticipatory Prior Art 6.2 When Is Prior Art Properly Applied to a Claim? 6.3 Rule 1.131-Removing Prior Art by a Showing of Prior Inventorship References 7. Nonobviousness 7.1 The Basic Test 7.2 The Scope and Content of the Prior Art 7.3 The Person Having Ordinary Skill in the Art 7.4 Differences between the Prior Art and the Claimed Invention-The Invention as a Whole 7.5 Objective Evidence of Nonobviousness 7.6 Prima Facie Obviousness 7.7 Inventive Step and Nonobviousness Compared 7.8 Conclusion ReferencesPart III: Special Issues in Biotechnology Patents 8. Disclosure Requirements 8.1 The Enablement Requirement and Claim Scope 8.2 The Best-Mode Requirement 8.3 The Deposit Requirement 8.4 The Written-Description Requirement 8.5 The Claim Definiteness Requirement References 9. Collaborative Research 9.1 Inventorship Issues in Collaborative Research 9.2 Correcting Inventorship 9.3 Prior Art Issues in Collaborative Research References 10. Competitive Research 10.1 Priority of Invention under the First-to-Invent System 10.2 Applying the First-to-invent System to Inventions Made Outside the United States 10.3 Interference Procedure: Initiation of Interferences 10.4 Priority under the First-to-File System References 11. Plant Biotechnology 11.1 Plant Patents 11.2 The Plant Variety Protection Act of 1970 11.3 Trade Secrets 11.4 Plants as Tangible Property 11.5 Utility Patents 11.6 The Strategy of Protecting Plants 11.7 International Considerations in Plant Protection References 12. Foreign Patents 12.1 Avoiding Forfeiture of Foreign Patent Rights 12.2 Choosing Where to File Foreign Applications 12.3 Strategy: Preserve Foreign Rights and Defer Foreign Costs 12.4 An Approach to Securing Foreign Patents 12.5 Conclusion ReferencesPart IV: Patent Litigation 13. Substantive Aspects of Patent Litigation 13.1 The Patent Grant 13.2 Patent Infringement 13.3 Patent Validity in the Courts 13.4 Patent Enforceability in the Courts 13.5 Estoppel Applied to the Accused Infringer References 14. Procedural Aspects of Patent Litigation 14.1 Steps Taken Prior to a Lawsuit 14.2 Initiating the Suit 14.3 The Discovery Phase 14.4 Determination of the Issues 14.5 Alternative Dispute Resolution and Settlement ReferencesIndex
