INTRODUCTION: Difference between revisions
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[[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)]] | [[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)]] | ||
===Governing Law=== | ===Governing Law=== | ||
The primary sections of the United States Code governing patents is | The federal laws of the United States are called the US Code, which is organized into [http://www.law.cornell.edu/uscode/#TITLES 50 Titles]. The primary sections of the United States Code governing patents is [http://www.law.cornell.edu/uscode/35/usc_sup_01_35.html Title 35], which has four parts: | ||
* [http://www.law.cornell.edu/uscode/35/usc_sup_01_35_10_I.html PART I—UNITED STATES PATENT AND TRADEMARK OFFICE] | * [http://www.law.cornell.edu/uscode/35/usc_sup_01_35_10_I.html PART I—UNITED STATES PATENT AND TRADEMARK OFFICE] | ||
* [http://www.law.cornell.edu/uscode/35/usc_sup_01_35_10_II.html PART II—PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS] | * [http://www.law.cornell.edu/uscode/35/usc_sup_01_35_10_II.html PART II—PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS] | ||
Revision as of 19:43, 9 February 2010
Economic Basis for Patent System
Exclusive Rights
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)
Governing Law
The federal laws of the United States are called the US Code, which is organized into 50 Titles. The primary sections of the United States Code governing patents is Title 35, which has four parts:
- PART I—UNITED STATES PATENT AND TRADEMARK OFFICE
- PART II—PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
- PART III—PATENTS AND PROTECTION OF PATENT RIGHTS
- PART IV—PATENT COOPERATION TREATY
The main parts we will consider in this course are Parts II and IV. We will study, in detail, the standards for an invention to be eligible for a patent, which is commonly referred to as patentability which is the focus of some of the sections in Part II. Part IV is the focus of the international aspects of patent law.
Governing Regulations
Federal Court System
District Courts
Circuit Courts
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)).
