What Every Chemist Should Know

What Every Chemist Should Know - what every CHEMIST should...

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Unformatted text preview: what every CHEMIST should know about PATENTS Written and edited by Le-Nhung McLeland for the ACS Joint BoardCouncil Committee on Patents and Related Matters Foreword The American Inventors Protection Act (AIPA) of 1999 introduced major changes in U.S. patent laws. Among the most significant changes: A U.S. patent application is no longer kept in secrecy by the U.S. Patent and Trademark Office (PTO), but is usually published 18 months after the application filing date. The term of protection granted for a patent is now adjusted to compensate for delays caused by the PTO during the examination of the application from which the patent was granted. In addition to the changes enacted by the U.S. Congress in the AIPA, administrative initiatives taken by the PTO at the end of 2000 are also greatly changing the practice of patent law by providing for online filing of a patent application and making available for online review the PTOs internal data on the history and status of a patent application. In light of all these changes, the Subcommittee on Education of the ACS Joint BoardCouncil Committee on Patents and Related Matters prepared this third edition of What Every Chemist Should Know About Patents to update the 1997 edition. Review of the draft by the ACS Younger Chemists Committee is gratefully acknowledged, as well as support from the ACS Corporation Associates for the first print of this pamphlet. Disclaimer The purpose of this pamphlet is to provide you with a brief overview of patents. This booklet is for information only and is not meant to replace legal advice; we recommend that you direct legal ques- tions to a patent attorney or patent agent on the register of the U.S. Patent and Trademark Office. 1 American Chemical Society Office of Legislative and Government Affairs 1155 16th St., NW Washington, DC 20036 202-872-4386 chemistry.org Revised 1988, 1997, 2002 Copyright 1988, 1997, 2002 American Chemical Society Photo duplication of this handbook for noncommercial purposes is encouraged. Please give proper credit. T a b l e o f c o n t e n t s Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 The basis for U.S. patent rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Subject matter patentable in the United States . . . . . . . . . . . . . . . . . . . . . . .3 Subject matter not patentable in the United States . . . . . . . . . . . . . . . . . . . .3 Conditions for patentability in the United States . . . . . . . . . . . . . . . . . . . . . .4 One-year grace period in the United States . . . . . . . . . . . . . . . . . . . . . . . . . .4 Description requirements for U.S. patent application . . . . . . . . . . . . . . . . . .4 U.S. patent rights are rights of exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Three types of U.S. patents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Who is an inventor? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4Who is an inventor?...
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This note was uploaded on 03/08/2012 for the course CHEM 391 taught by Professor Vollmer-snarr,h during the Winter '08 term at BYU.

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What Every Chemist Should Know - what every CHEMIST should...

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