'The Invention, The Patent, and The Claim' in Patent Law: An Open-Access Casebook

32 Pages Posted: 15 Oct 2020

See all articles by Sarah Burstein

Sarah Burstein

The University of Oklahoma College of Law

Sarah R. Wasserman Rajec

William & Mary Law School

Andres Sawicki

University of Miami - School of Law

Date Written: October 9, 2020

Abstract

This is a draft chapter, "The Invention, The Patent, and The Claim," from the forthcoming book, Patent Law: An Open-Access Casebook. In this chapter, we introduce students to different ways in which the contribution that an inventor has made to the art relates to the claims that grant her some legal rights, as mediated by the patent document. We begin with The Incandescent Lamp Patent Case, which we use to illustrate the nature of the inventive process. We then show how the role of the claim has changed over time, from Winans v. Denmead to Merrill v. Yeomans to Liebel-Flarsheim v. Medrad. That history demonstrates the range of possible roles that claims might play, and serves as a basis for class discussions arising from the still unsettled relationship between the invention, the patent, and the claim.

Keywords: patents, patent law, open-access, casebook

Suggested Citation

Burstein, Sarah and Rajec, Sarah R.W. and Sawicki, Andres, 'The Invention, The Patent, and The Claim' in Patent Law: An Open-Access Casebook (October 9, 2020). University of Miami Legal Studies Research Paper No. 3708278, Available at SSRN: https://ssrn.com/abstract=3708278 or http://dx.doi.org/10.2139/ssrn.3708278

Sarah Burstein

The University of Oklahoma College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

HOME PAGE: http://www.law.ou.edu/content/burstein-sarah

Sarah R.W. Rajec

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

Andres Sawicki (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
176
Abstract Views
961
rank
199,135
PlumX Metrics