Patent Law Essentials: A Concise Guide

by Alan L. Durham

Overview

This consise, up-to-date survey of U.S. patent law uses examples, many from actual cases, to explain the various aspects of the patent system, including issues of patent validity, infringement, the application process, and litigation. Although many large multi-volume patent treatises are already available, this book will serve as a useful overview or starting point for further research. Patent claim interpretation, equivalence, prior art, and the extension of patent protection to non-traditional subject matter such as computer software are covered in detail. Appendixes contain sample U.S. patents.

Product Details

ISBN-13:	9780313057847
Publisher:	ABC-CLIO, Incorporated
Publication date:	09/30/2004
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

Alan L. Durham is Vice Dean and Judge Robert S. Vance Professor of Law at the University of Alabama School of Law, where he teaches patent law, copyright law, and trademark law.

Table of Contents

	Preface	vii
1	Overview	1
1.1	Origins	1
1.2	Summary and Roadmap	2
1.3	Sources of Law	6
2	Patents Distinguished from Other Rights	9
2.1	Copyrights	9
2.2	Trademarks	11
2.3	Trade Secrets	12
2.4	Patents	14
3	Reading a Patent	15
3.1	General Information	15
3.2	Drawings	18
3.3	Specification	18
3.4	Claims	19
4	Patentable Subject Matter	23
4.1	Abstract Ideas	24
4.2	Principles of Nature	24
4.3	Living Organisms	25
4.4	Artistic and Literary Creations	27
4.5	Printed Matter	27
4.6	Methods of Doing Business	28
5	Patent Prosecution	31
5.1	Examination	31
5.2	Continuations and Continuations-in-Part	34
5.3	Divisional Applications	36
5.4	Interferences	36
5.5	Reissue	37
5.6	Reexamination	39
6	Ownership and Other Rights	43
6.1	Inventorship	43
6.2	Assignments	46
6.3	Licenses	47
7	Interpreting Patent Claims	51
7.1	Plain Meaning	52
7.2	The Specification	54
7.3	The Prosecution History	56
7.4	Other Claims	57
7.5	Validity	58
7.6	Preambles	59
7.7	Special Claim Formats	60
8	Conditions of Patentability	67
8.1	Examination versus Litigation	67
8.2	The Presumption of Validity	68
8.3	Assignor Estoppel	69
8.4	Utility	70
8.5	Definiteness	73
8.6	Enablement	76
8.7	Best Mode	80
8.8	The Written Description Requirement	85
8.9	Novelty	90
8.10	Section 102(b) Statutory Bars	116
8.11	Other Statutory Bars ([sections] 102(c), (d))	123
8.12	Double Patenting	124
9	Enforceability Defenses	127
9.1	Inequitable Conduct	127
9.2	Misuse	131
10	Infringement	135
10.1	Patent Term	135
10.2	Geographic Limitations	137
10.3	State of Mind	138
10.4	Direct and Indirect Infringement	138
10.5	Literal Infringement	142
10.6	The Doctrine of Equivalents	144
10.7	Equivalence in the Context of Means-Plus-Function Claims	163
10.8	The Reverse Doctrine of Equivalents	167
10.9	The Experimental Use Exception to Infringement	168
11	Patent Litigation	171
11.1	Jurisdiction and Venue	172
11.2	Declaratory Judgment	174
11.3	The Burden of Proof	175
11.4	The Role of Judge and Jury	176
11.5	Bifurcation	178
11.6	Preliminary Injunctions	178
11.7	Summary Judgment	180
11.8	Remedies	181
11.9	The International Trade Commission	193
11.10	Judgments of Invalidity	194
12	Special Topics	195
12.1	Design Patents	195
12.2	Plant Patents	198
12.3	Foreign Patents	200
12.4	Patenting Computer Programs	201
	Note on Sources	211
Appendix A	Sample Utility Patents	213
Appendix B	Sample Design Patents	231
	Index	249

What People are Saying About This

Professor Samson Vermont

"Professor Durham's book is superb—a model of clarity and concision."

Bruce Sewell

"A terrific contribution to the art. Professor Durham illuminates the sometimes obscure topic of patent law with clear exposition, detailed analysis, and approachable language. In this rapidly changing field, Patent Law Essentials: A Concise Guide is an important resource for both scholars and practitioners alike. "

Editorial Reviews

Presents the essentials of patent law in simple terms with the aim of explaining the law by example, often with references to actual cases. Topics covered include patent validity, infringement, the application process, and litigation. The book is aimed at non-lawyers, such as engineers and business people, as well as at lawyers who need an introduction or quick reference to patent law. Annotation c. by Book News, Inc., Portland, Or.

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