United States patent law
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United States patent law was established "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;"[1] as provided in the United States Constitution. Congress implemented these protection as a first-to-invent patent legal framework. By contrast, all other national patent laws are first-to-file systems. Only the Philippines has also had a first-to-invent patent system, but converted it into a first-to-file system in 1998. The provisions of the law are laid out in Title 35 of the United States Code (U.S.C.) and give authority for the United States Patent and Trademark Office.[2] This system is permitted by Article One, Section 8(8) of the U.S. Constitution.
In the U.S., a patent is a right to exclude others from making, using, selling, offering for sale, exporting, exporting components to be assembled into an infringing device outside the U.S., importing the product of a patented process practiced outside the U.S., inducing others to infringe, offering a product specially adapted for practice of the patent, and a few other very carefully defined categories. Thus, merely thinking about an invention, or drawing a diagram, is not an infringement. Research for "purely philosophical" inquiry is not an infringement, but research directed to commercial purposes is - unless the research is directed toward obtaining approval of the Food and Drug Administration for introduction of a generic version of a patented drug.
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[edit] See also
[edit] Concepts
- Assignor estoppel
- Continuing patent application
- Design patent
- Doctrine of inherency
- First-sale doctrine
- Flash of genius
- Inequitable conduct
- Information disclosure statement (IDS)
- Interference proceeding
- Non-obviousness
- Non-provisional patent application
- Novelty
- On-sale bar
- Petition to make special
- Prosecution history estoppel
- Provisional application
- Reduction to practice
- Reexamination
- Reissue application
- Small entity status
- Software patents under United States patent law
- Statutory Invention Registration
- Submarine patent
- Term of patent in the United States
- United States Defensive Publication
- Utility
- X-Patent
[edit] Legislation
- First Patent Act - April 7, 1790
- Title 35 of the United States Code
- American Inventors Protection Act (AIPA)
- Bayh-Dole Act
- Invention Secrecy Act (1951)
- Patent Reform Act of 2005
- Plant Patent Act (1930)
- 28 USC 1498. This statute allows the US government to override patent protection (or contract another entity to do so) for public use purposes. The patent owner can sue for limited compensation. See [3]
[edit] Patent-related decisions
[edit] Supreme Court
- City of Elizabeth v. American Nicholson Pavement Co. (1878)
- Egbert v. Lippmann (1881)
- Bauer & Cie. v. O'Donnell (1913)
- Graver Tank & Manufacturing Co. v. Linde Air Products Co. (1950)
- Graham v. John Deere Co. (1966)
- Parker v. Flook (1978)
- Diamond v. Chakrabarty (1980)
- Diamond v. Diehr (1981)
- Markman v. Westview Instruments, Inc. (1996)
- Warner-Jenkinson Company, Inc. v. Hilton Davis Chemical Co. (1997)
- Pfaff v. Wells Electronics, Inc. (1998)
- Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
- Merck v. Integra (2005)
- eBay Inc. v. MercExchange, L.L.C. (2006)
[edit] United States Court of Appeals for the Federal Circuit
[edit] Board of Patent Appeals and Interferences (BPAI)
[edit] Unclassified
[edit] Other
- American Intellectual Property Law Association (AIPLA)
- Board of Patent Appeals and Interferences (BPAI)
- Confederate Patent Office
- List of top United States patent recipients
- Manual of Patent Examining Procedure (MPEP)
- United States Court of Appeals for the Federal Circuit
- United States Patent and Trademark Office (USPTO)
- United States Patents Quarterly (USPQ)
- European patent law
- Japanese patent law
- United States copyright law
- United States trademark law
[edit] External links
- United States Patent and Trademark Office (USPTO) web site:
- US code, Title 35
- Flowchart of US Patent Examination Process
- US Patent Layout explains the layout of a US patent
- Patent Law Portal - links relating to US patent law
