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IP Outline fsu -JB using

IP Outline fsu -JB using - Downloaded From OutlineDepot.com...

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Downloaded From OutlineDepot.com Patent Law a. Once issued, patentee can bring suit for infringement. Typically two defenses to this: b. Accused infringer will argue that patentee’s patent is invalid for any number of reasons c. Even if patent valid, products being made or sold by accused do not infringe. a. Requirements for Patentability d. The Patent and Trademark Office (PTO) reviews each patent application to see if it meets five requirements: i. An invention fits one of the general categories of patentable subject matter 1. Novelty: It has not been preceded in identical form in the public prior art. a. Is established by applying a set of technical rules to determine if a patent applicant was really the first to make the invention she is claiming. b. The novelty test determines whether the claimed invention is unpatentable because it was made before, sold more than a year before a patent application was filed, or otherwise disqualified by prior use or knowledge. 2. Utility: It is useful. a. Minimal obstacle to obtaining a patent. b. §101: “whoever invents any new and useful process, machine, manufacture, or composition of matter, may obtain a patent therefore” c. Patent won’t be withheld even if invention works only in experimental setting/ has no proven use in field or factory. Only denied if has absolutely no practical utility. Pharmaceuticals an exception—some cases say laboratory promise not enough to establish utility in treating humans. 3. Nonobviousness : It represents a nontrivial extension of what was known a. The most important requirement. “the ultimate condition of patentability.” b. Attempts to measure more abstract quality: the technical accomplishment reflected in an invention. 1
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Downloaded From OutlineDepot.com c. Is the invention a big enough technical advance over the prior art? Even if new and useful, not patentable if merely trivial step forward in the art. 4. Enablement : It is disclosed and described by the applicant in a such a way as to enable others to make and use the invention a. Requires patentee to give sufficiently good description of her invention so that “one of ordinary skill in the art” would be able to make and use the invention. b. Concern not whether inventor developed something worth patenting but public benefit that can be obtained from the patent “bargain.” Disclosure and enablement requirements ensure that those skilled in the art of the invention can read and understand the patentee’s contribution and that after the patent expires they will be able to make and use the invention themselves. B. Rights Conferred by a Patent e. Claims are at the heart of patent law. They define the boundaries (metes and bounds) of the property right that the patent confers. Claims come at the end of the written description of the invention. Most patents have one or more drawings. i.
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