Aspen Student Treatise for Patent Law

Author: Janice M. Mueller
Publisher: Wolters Kluwer Law & Business
ISBN: 145488035X
Format: PDF, Mobi
Download Now
Succinct and timely, the fifth edition of PATENT LAW continues to demystify its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own or may be used alongside any patent or IP casebook to support more in-depth study of patent law. Updated throughout, the Fifth Edition offers: Up-to-the-minute explanations deciphering the complex first-to-file provisions of the America Invents Act, the most significant change to U.S. patent law in 60 years Further AIA updates throughout the text, emphasizing the newly-implemented inter partes review and post-grant review proceedings Cogent analyses of recent Supreme Court and Federal Circuit decisions that have fundamentally impacted patent law, including: Alice Corp. v. CLS Bank Teva v. Sandoz Nautilus v. Biosig Octane Fitness v. Icon Health Apple v. Samsung In re Cuozzo Features: Effective, lucid, and complete, Janice M. Mueller’s PATENT LAW features: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary

Patent Wars

Author: Thomas F. Cotter
Publisher: Oxford University Press
ISBN: 0190244453
Format: PDF, ePub
Download Now
Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of "patent trolls" accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better.

America Invents Act Primer

Author: Sarah Hasford
Publisher: Elsevier
ISBN: 0128120975
Format: PDF
Download Now
Since its passage in 2011, the Leahy-Smith America Invents Act ("AIA") has brought many significant changes to U.S. patent law. Accordingly, to assist readers in developing an in-depth understanding of these changes, the America Invents Act Primer provides discussions of each and every one of the AIA’s substantive provisions. More specifically, and whenever possible, each discussion of the AIA’s provisions includes the following key features: An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section. The America Invents Act Primer additionally highlights a number of free resources that can be utilized by readers to attain a deeper understanding of the AIA, including resources that explain how the U.S. Patent and Trademark Office is applying the new law. Overall, the America Invents Act Primer provides a unique and practical desk reference on the AIA that is sure to be useful for years to come. An identification of the AIA section’s effective date, including the statutory basis for such dates; A direct comparison of relevant pre- and post-AIA statutes; An analysis of the similarities and differences between pre- and post-AIA statutes; A discussion of the legislative goals that were addressed by the AIA section; and An analysis of the practical implications of the changes made by the AIA section.

USPTO Post Grant Trials Handbook

Author: S. Benjamin Pleune
Publisher: CCH
ISBN: 9781454886167
Format: PDF
Download Now
USPTO Post-Grant Trials Handbook covers the three new post-grant proceedings to challenge the validity of an issued patent introduced by the American Invents Act: inter partes review (IPR), post-grant review (PGR), and covered business method review (CBM). These review proceedings have different requirements, restrictions, and review standards. Accordingly, a party seeking to challenge the validity of an issued patent must consider each situation and determine which vehicles are available and decide which one to use. USPTO Post-Grant Trials Handbook starts with analysis of the petition for each of these procedures, describes how to address each incremental stage, and then culminates in appeals to the Federal Circuit. It provides the attorney with: Step-by-step guidance for negotiating filings, motions and discovery, offering insight and strategies for each aspect of the case along the way Comparison charts covering the differences in procedures, availability, grounds, estoppel and standards for each type of proceedings Checklists to ensure all requirements are included in petitions and responses Timelines for each type of proceeding as an aid to keep on track and not miss important deadlines Relevant codes, statutes and citations to PTAB precedential decisions The United States Patent and Trademark Office (USPTO) periodically publishes statistics on the post-grant proceedings, which has shown a high number of IPR petitions being filed since the system became effective on September 16, 2012. The CBM, which also became effective on September 16, 2012, is also regularly utilized, although the number of petitions is much lower compared to IPR due to the statutory restrictions that apply to the CBM. Inter Partes Review, Covered Business Method challenges and Post-Grant Review represent the hottest area of patent law, and are currently widely popular mechanisms for challenging the validity of patents. These post-grant trials have caused one of biggest strategic shifts in the way that practitioners approach both patent prosecution and patent litigation in decades. At the time of this publication, PGR has not been utilized nearly as much, mainly because PGR is only available to patents that have an effective filing date of March 16, 2013 or later and are issued under the new first to file system.

Patents

Author: Marc Baudry
Publisher: John Wiley & Sons
ISBN: 1786301180
Format: PDF
Download Now
The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.

Innovation and Its Discontents

Author: Adam B. Jaffe
Publisher: Princeton University Press
ISBN: 9781400837342
Format: PDF, Kindle
Download Now
The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.

Patent Application Drafting

Author: Morgan D. Rosenberg
Publisher: OUP USA
ISBN: 9780199927258
Format: PDF
Download Now
Patent Application Drafting: A Practical Guide, by Morgan Rosenberg, teaches the drafting of patent applications from a practical perspective. It covers the entire patent application and includes many helpful examples illustrating the process from start to finish.

Protect Your Patent

Author: James L Rogers
Publisher: SphinxLegal
ISBN: 1572483296
Format: PDF, Kindle
Download Now
Thousands of patents are issued each year and obtaining a patent is an important accomplishment. But don't assume that after a patent is obtained your job is over. In reality, the most difficult task comes after the patent is issued. Protect Your Patent is a vital source of information for every patent holder who wants to know how to effectively protect and use rights granted under the patent. The book simplifies and thoroughly explains everything that you need to know about what to do after a patent issues.

Patent Failure

Author: James Bessen
Publisher: Princeton University Press
ISBN: 9781400828692
Format: PDF, Docs
Download Now
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.