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U.S. Patent and Trademark Office (2 results)
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- Patent Evaluation Goes Public
- Inventions today are more complicated than ever, which makes it hard to judge the quality of new patents and relatively easy to get protection for half-baked ideas. Sooner or later, those half-baked inventions become the subject of bank-breaking litigation, and the U.S. Supreme Court recently said that needs to stop....
- Blog posts 2007-06-06
Additional Resources
- Patent Law
- Under the United States Constitution and federal law, patent rights are granted to inventors so that they might have exclusive rights to their discoveries. This exclusivity allows the patent holder to prevent others from making, using, selling, offering to sell, or importing the patented item. Once the patent expires, the...
- White papers 2003-01-01
- Is The Cure Worse Than The Disease? An Overview Of Patent Reform Act Of 2005
- On June 8, 2005, Representative Lamar Smith, Chairman of the House Subcommittee on Courts, the Internet, and Intellectual Property, along with several co-sponsors, introduced H.R. 2795. Popularly known as the "Patent Reform Act of 20051," the Patent Reform Act is an omnibus bill which overhauls multiple aspects of patent practice....
- White papers 2005-09-06
- A Patent Primer
- What is a patent? A United States patent is a "bargain" with the federal government that provides a completely legal, limited monopoly on an invention in exchange for teaching the invention to the public in a written disclosure. How can a patent help your business to make money? For certain...
- White papers 2003-10-23
- A Putative Inventor’s Remedies To Correct Inventorship On A Patent
- Inventorship is a required component of patents issued in the United States. The penalty for filing a patent with incorrect inventorship is harsh and may lead to possible invalidation of the entire patent. In the event of any mistakes made regarding inventorship on a patent application, various means are available...
- White papers 2003-01-01
- Computer IP Laws
- There are few statutes or other sources of law dealing specifically with computers, but this does not mean that there is no law governing this ever-more important area of commerce. All of the areas of Intellectual Property law outlined in the other intellectual property section affect computers, and thus are...
- White papers 2003-01-01
- To Patent Or Not To Patent?
- When it comes to inventing, the very first thing you need to do is protect your idea before anyone can steal it, right? Well, if you base your decision on TV commercials or the many invention websites out there touting patent services, the answer is a resounding "Yes!" However, if...
- White papers 2006-11-15
- The Supreme Court’s Decision in Festo Corp.: An Important New Development Regarding the Scope of Patent Protection
- Paper deduces that on May 28, a unanimous Supreme Court addressed the conditions under which prosecution-history estoppel bars a patent owner from using the doctrine of equivalents where the patent applicant, during prosecution, narrowed a claim limitation to obtain the patent. The principal limitation on the use of the doctrine...
- White papers 2002-06-01
- Patent Practitioners Beware: The Federal Circuit Releases a ManiFesto
- The doctrine of equivalents in patent law has come under attack from various directions in recent years. Its broadly worded tests arguably offer little guidance as to patent claim scope and tend to contradict the notice function of patent claims. Thus, the Federal Circuit, in Festo, has tried to draw...
- White papers 2001-03-01
- Johnson & Johnston: The Federal Circuit Once Again Tackles the Doctrine of Equivalents
- "Over the past several years, the United States Court of Appeals for the Federal Circuit has eroded the applicability of a longstanding equitable doctrine utilized in patent infringement lawsuits. The doctrine of equivalents permits a patent holder to successfully sue an alleged infringer even though the alleged infringer has...
- White papers 2002-04-01
- Licensing Strategies After Medimmune: The Potential Impacts Of The Supreme Court Allowing Licensees
- In MedImmune, the Supreme Court continues to assert its authority in patent law by allowing patent licensees to file declaratory judgments of patent invalidity and unenforceability against the licensors, even though the licensee is still paying royalties under a license. MedImmune may also indicate the Supreme Court's direction in future...
- White papers 2007-01-09
- How do Patent Laws Influence Innovation? Evidence From Nineteenth-Century World Fairs
- This paper introduces a new internationally comparable data set that permits an empirical investigation of the effects of patent law on innovation. The data have been constructed from the catalogues of two 19th century world fairs: the Crystal Palace Exhibition in London, 1851, and the Centennial Exhibition in Philadelphia, 1876....
- White papers 2003-08-01
- Case Study: University of Rochester v GD Searle &Co Inc & Ors
- The University of Rochester held a patent for methods of selectively inhibiting certain enzyme activity by administration of a non-steroidal compound. The defendants, associated companies Searle, Monsanto, Pharmacia, and Pfizer marketed selective enzyme inhibitors for the treatment of inflammation. The University brought an action for infringement against Pfizer, claiming the...
- Case studies
- Beating Patent Death
- Like death and taxes, pharmaceutical patent expirations are inevitable. This report predicts that, by 2007 the top ten drug firms will lose more than $40 billion in sales to patent expiry. The report warned that as many as 19 blockbuster drugs could be vulnerable by 2008. It depicts that brand...
- White papers
- Drug Companies And The Patent Game: Fair Play Or Foul?
- A common strategy used by pharmaceutical companies tries to retain exclusive rights to make and sell brand-name drugs: applying for a new patent on a secondary component of the medication. If the patent on the core chemical of a lucrative product is about to expire, the strategy goes, just file...
- White papers 2002-06-19
- Is the Complete Bar Dead? The U.S. Supreme Court Tackles Festo
- In the last decade, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court ruled on several cases that greatly affect the applicability of the doctrine of equivalents, a longstanding equitable doctrine utilized in patent infringement lawsuits. The doctrine of equivalents permits a patent...
- White papers 2002-07-08
- Clarifying The Clear: The Role Of Common Understandings In U.S. Patent Claim Interpretation
- A central question in every patent case is the meaning of the words used in the patent claims both to compare the invention with prior art and to determine infringement. In order to resolve these questions, the court must properly construe the claims, specifically the words and phrases of the...
- White papers 2005-02-25
- Damages For Infringement Of Research Tool Patents: The Reasonableness Of Reach Through Royalties
- This paper discusses two ways in which the objective of the patent system to encourage innovation can be advanced. The first way is to compensate patent holders for acts of infringement; the second is to prevent ownership of a single area of intellectual property by multiple individuals. Compensating patent holders...
- White papers 2003-01-01
- Intellectual Property Activity By Service Sector And Manufacturing Firms In The UK, 1996-2000
- This paper provides evidence from a newly constructed database of UK firms about the extent of their Intellectual Property (IP) acquisition activities over last few years. Paper focuses on service sector firms, which have not previously been studied, with comparisons for firms in manufacturing and other sectors, such as agriculture....
- White papers 2005-12-01
- Biotechnology's Uncertainty Principle
- Patents have proven to be important to the growth & financing of American Biotech industry, but it remains unclear whether the current patent standards are suited to the needs of the industry. Patent law has a general set of legal rules to govern the validity and the infringement of patents...
- White papers 2004-10-15
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