Cases and Materials on Patent Law: Chapter One

59 Pages Posted: 6 Apr 2013

See all articles by Martin J. Adelman

Martin J. Adelman

George Washington University - Law School

Randall Rader

George Washington University - Law School

John R. Thomas

George Washington University - Law School

Date Written: 2009

Abstract

This casebook provides a thorough overview of the fundamentals of U.S. patent law. The book is organized in fourteen chapters. The casebook starts with the current statute in Title 35 of the United States Code. It then considers the requirement of “usefulness” necessary to receive patent protection. The book proceeds to explain the requirement of “novelty” as well as the “nonobviousness standard.” The book also examines the various roles of the United States Patent and Trademark Office (“USPTO”), as well as the basics of the patent acquisition process.

After its discussion of the USPTO, the book provides an overview of patent infringement, as well as the various defenses and available remedies under the United States patent statute. The book concludes with a look at the specialized legislation, known as the Hatch-Waxman Act, which established distinctive rules for patents on pharmaceuticals and other regulated products.

Keywords: patent law, usefulness, nonobviousness standard, Hatch-Waxman Act, novelty, patent protection, Title 35, pharmaceuticals, patent claims, patent construction, patent acquisition, anticipation, statutory bars, adequate disclosure

JEL Classification: K11, K39, K23

Suggested Citation

Adelman, Martin J. and Rader, Randall and Thomas, John R., Cases and Materials on Patent Law: Chapter One (2009). Chapter One in Cases and Materials On Patent Law (3rd ed. 2009); GWU Legal Studies Research Paper No. 2013-65; GWU Law School Public Law Research Paper No. 2013-65. Available at SSRN: https://ssrn.com/abstract=2245181

Martin J. Adelman (Contact Author)

George Washington University - Law School ( email )

2000 H. St. NW
Washington, DC 20052
United States

Randall Rader

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

John R. Thomas

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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