INTRODUCTION: Difference between revisions
No edit summary |
|||
| Line 11: | Line 11: | ||
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. | 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. | ||
===Relationship to State Laws=== | ===Relationship to State Laws=== | ||
The ''supremacy clause'' of the US Constitution states | The ''supremacy clause'' in Article VI of the [http://topics.law.cornell.edu/constitution US Constitution] states | ||
:''the laws of the United States ... shall be the supreme law of the land'' | :''the laws of the United States ... shall be the supreme law of the land'' | ||
which means they preempt all state laws. Since the Federal Government has decided to regulate patents, any attempt to do so by the states is invalid. | which means they preempt all state laws. Since the Federal Government has decided to regulate patents, any attempt to do so by the states is invalid. | ||
===Governing Regulations=== | ===Governing Regulations=== | ||
===Federal Court System=== | ===Federal Court System=== | ||
Revision as of 19:55, 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.
Relationship to State Laws
The supremacy clause in Article VI of the US Constitution states
- the laws of the United States ... shall be the supreme law of the land
which means they preempt all state laws. Since the Federal Government has decided to regulate patents, any attempt to do so by the states is invalid.
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)).
