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=NONOBVIOUSNESS= | =NONOBVIOUSNESS= | ||
The main | The main historical cases: | ||
* 1850: [[Hotchkiss v. Greenwood]] ([[Hotchkiss v. Greenwood (full text)]]) | |||
* 1966: [[GRAHAM V. JOHN DEERE CO]] ([[GRAHAM V. JOHN DEERE CO (full text)]]) | |||
The fundamental inquiries are | |||
** scope and content of the prior art; | |||
** differences between the prior art and the claims at issue; | |||
** level of ordinary skill in the pertinent art; and, | |||
** secondary considerations, including: | |||
*** commercial success of the invention; | |||
*** long-felt but unsolved needs; | |||
*** failure of others to find a solution, etc. | |||
==Relationship with Novelty== | ==Relationship with Novelty== | ||
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==Secondary Considerations== | ==Secondary Considerations== | ||
==Ordinary Skill in the Art== | ==Ordinary Skill in the Art== | ||
[[Reiner v. I. Leon Co. (full text)]] | [[Reiner v. I. Leon Co. (full text)]] | ||
Revision as of 16:08, 8 February 2010
Intellectual Property for Engineers
INTRODUCTION
Overview and Objectives for Obtaining a Patent
Right to Make Use or Sell
Title 35 of the U.S. Code
Title 37 of the Code of Federal Regulations
The Federal Court System
District and Appellate Courts
The Supreme Court
The Court of Appeals for the Federal Circuit
Established on October 1, 1982. The holdings of the the CCPA and the U.S. Court of Claims are binding precedent in the Federal Circuit, South Corp. v. US (South Corp. v. US (full text)).
Patents as Property
Legal, Policy and Constitutional Foundation
BONITO BOATS, INC. v. THUNDER CRAFT BOATS, INC., 489 U.S. 141 (1989): full text
BONITO BOATS, INC. v. THUNDER CRAFT BOATS, INC., 489 U.S. 141 (1989)
Other Forms of Intellectual Property
Trade Secrets
Copyright
Trademarks
THE PATENT DOCUMENT
Specification
Claims
Patent Term
Claim Interpretation
Claim "Reading On" Something
Jepson Claims
Doctrine of Equivalence
File Wrapper Estoppel
THE DATE OF THE INENTION
Constructive Reduction to Practice
Diligence Requirement
NOVELTY
Three parts to Section 102
First to Invent
Filing Date Provisions
Miscellaneous
Abandonment
Applicant must be Inventor
Cases
Philips Electric Co. v. Thermal Industries, Inc. (full text)
Philips Electric Co. v. Thermal Industries, Inc.
Universal Athletic Sales Co. v. American Gym Recreational & Athletic Equipment Corporation, Inc.
NONOBVIOUSNESS
The main historical cases:
- 1850: Hotchkiss v. Greenwood (Hotchkiss v. Greenwood (full text))
- 1966: GRAHAM V. JOHN DEERE CO (GRAHAM V. JOHN DEERE CO (full text))
The fundamental inquiries are
- scope and content of the prior art;
- differences between the prior art and the claims at issue;
- level of ordinary skill in the pertinent art; and,
- secondary considerations, including:
- commercial success of the invention;
- long-felt but unsolved needs;
- failure of others to find a solution, etc.
Relationship with Novelty
Nonobviousness vs. Invention
Secondary Considerations
Ordinary Skill in the Art
Reiner v. I. Leon Co. (full text)
FOREIGN AND DOMESTIC PRIORITY
Foreign Priority
Foreign and International Application Priority
Domestic Priority
Provisional Applications
NEW MATTER
THE APPLICATION
The Disclosure
Claims
Oath
EXAMINATION OF APPLICATIONS BY THE PATENT AND TRADEMARK OFFICE
Procedure
Response to Office Actions
INVENTOR ELIGIBILITY
GOTTSCHALK v. BENSON, 409 U.S. 63 (1972): full text
GOTTSCHALK v. BENSON, 409 U.S. 63 (1972)
Diamond v. Diehr, 450 U.S. 175 (1981): (full text)
Diamond v. Diehr, 450 U.S. 175 (1981)
Laboratory Corporation of America vs. Metabolite Laboratories, 548 U.S. 124 (2005): (full text)
Laboratory Corporation of America vs. Metabolite Laboratories, 548 U.S. 124 (2005)
UTILITY
ANTICIPATION
Bendix Corp. v. Balax, Inc. (full text)
Statutory Bars
PRIOR ART
Pfaff v. Wells Electronics: full text
Justice clipart, copyright FCIT.
