Law Outlines Patent Law Outlines
Typical US Patent Law outline, contains a checklist of key issues to spot (patentability requirements, infringement, defenses, and so forth), as well as details on key cases and provisions of the patent law about all the main patent law topics. Course also emphasized policy rationales underlying patent law, which is interspersed throughout....
The following is a more accessible plain text extract of the PDF sample above, taken from our Patent Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Robertson (Fed Cir 1999)
Legal standard: Each and every element in the questionable claim has to be included (expressly or inherently) in the prior art.
If more than one prior art reference, then it’s OBVIOUSNESS not NOVELTY – different test.
In re Schreiber
Invention: Cone on top of popcorn to dispense
Prior Art: Funnel top of oil can.
Different function not sufficient to distinguish prior art for novelty analysis
“If it would infringe later, it anticipates before”
OUTCOME: Patent is invalid; has been anticipated
Campbell:
Presumption of validity – creates burden of clear and convincing evidence that patent is invalid on the challenger.
Need evidence beyond testimony in this case we have the photo of the belt buckle which he claim served as inspiration. Court buys it.
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Question to be asking: Prior art references, don’t actually describe all of the elements are there, but is essentially there. Not on the face, but was…
Logic behind this rule:
Ex/ Wright Bros. discover the airplane. Someone else figures out fluid dynamics and why planes have lift. Can’t then patent the airplane – we were taking advantage of it even if it wasn’t spelled out.
Depending on what the doctrine is doing, changes the impact.
Seaborg
Invention: A man-made element. Halflife is short enough that we’re never going to find it in nature unless we make it.
Previous patent created this as a byproduct (treated as waste), but apparently it does have commercial use
Accidental anticipation does not invalidate claim
Takes from Learned Hand approach: nothing controversial to say patents must be new, but must also be public / enabling.
SmithKline Beecham (Fed Cir 2005)
If later substance necessarily produced by process to make earlier substance, then anticipated since later substance not new
If it infringes, it would have anticipated; if it doesn’t anticipate, it doesn’t infringe
Big Pharma trying to keep out...
Buy the full version of these notes or essay plans and more in our Patent Law Outlines.
Typical US Patent Law outline, contains a checklist of key issues to spot (patentability requirements, infringement, defenses, and so forth), as well as details on key cases and provisions of the patent law about all the main patent law topics. Course also emphasized policy rationales underlying patent law, which is interspersed throughout....
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