Cases and Materials on Patent Law: Chapter One
Chapter One in Cases and Materials On Patent Law (3rd ed. 2009)
59 Pages Posted: 6 Apr 2013
Date Written: 2009
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: Suggested Citation