Law Outlines Intellectual Property: Patents Outlines
These notes provide a complete overview for Intellectual Property: Patents.
The notes are organized by Exam questions/topics (NOT by class topics) with bullet points, therefore are also ideal to organize your answers to the exam and perform the "issue spotting" easily. They are especially helpful for as an easy reference to save time in an open-book exam.
They contain complete 1-paragraph summaries of the most relevant caselaw.
They also have policy questions and useful comments to write...
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Patents Skeleton
Validity
1. Patentable subject matter (§101)
Excludes:
A. Laws of nature (Mayo)
B. Products of nature
C. Abstract ideas (Bilski, Alice)
Test: Abstract idea + Inventive concept
2. Specification and Procedure:
1. Enablement (§112 (a)): Can PHOSITA do it?
Problem with Genus claims
Avoid undue experimentation
2. Written description (§112 (b)): Are the claims supported in the specification?
3. Definiteness: Are the claims too broad?
For PHOSITA + Specification + Prior art
4. Means+Function (§112 (f)):
Construed as per specification + equivalents thereof at the time of issuance
3. Novelty (§102):
Prior art: (§102 (a))
1. Patents (§102 (a)(2)
i. Issued or prior applications
ii. Effectively filed before
Priority: (§102 (d))
International priority
If a divisional, date of the mother
Secret prior art problem: We won’t learn until it’s published
Pre-AIA: Invented before
iii. Name another inventor
Except if (§102 (b)(2)):
A. Obtained directly or indirectly from another inventor
B. Disclosed by inventor
(or joint inventor, or another who obtained it from inventor)
C. Ownership by the same person, or subject to obligation of assignment
No later than effective day of filing
Same subject matter and claimed invention
Includes joint research agreements (§102 (c ))
2. Printed publications (§102 (a)(3)
Test:
Anticipation
Inherency
Statutory bars
Now: everywhere, Pre-AIA: in this country
3. In public use
Did you relinquish control?
Rubic cube no (Moleculon), Caleidoscope in party yes.
Can be seen by others and not be (Moleculon), or the opposite (Egbert)
Except if:
Less than 1 year (§102 (b) (1) +
Disclosed by inventor
(or joint inventor, or another who obtained it from inventor)
more for method claims
4. On sale / otherwise available to the public
No need that is was actually reduced to practice! (Pfaff)
Selling a documented idea is enough, similar to constructive RTP
Not clear if it applies under AIA but we assume so
Secret sales:
My secret sales bar me (Metallizing)
Third party secret sales do not bar me
more for product claims
5. Pre-AIA: Not...
Buy the full version of these notes or essay plans and more in our Intellectual Property: Patents Outlines.
These notes provide a complete overview for Intellectual Property: Patents.
The notes are organized by Exam questions/topics (NOT by class topics) with bullet points, therefore are also ideal to organize your answers to the exam and perform the "issue spotting" easily. They are especially helpful for as an easy reference to save time in an open-book exam.
They contain complete 1-paragraph summaries of the most relevant caselaw.
They also have policy questions and useful comments to write...
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