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:
If you haven’t shown utility in § 101, ALSO fails § 112 under disclosure because haven’t disclosed a useful invention.
Utility -- § 101 – “New and useful”
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** Utility requirement is about when you grant the patent
Economic debates among academics come down to the vision of when patents should be granted.
Need not be the BEST, just useful. Inventions that are UNIVERSALLY illegal and/or harmful are likely to fail usefulness showings.
Lowell (D. Mass 1817)
Invention: New kind of pump
Justice Story: NOT have to be better; just has to have some beneficial use. “useful” is in contrast to mischievous / immoral.
POLICY
Market will figure out what’s the best, and what inventions are worth buying/commercializing.
Patent system is about innovation, not marketability.
There would be huge judicial administrability problems if judges had to decide if a given invention was more useful than an existing one.
Give people a monopoly over their invention for a limited time to attempt to monetize the invention. Government doesn’t need to know or care what a good or bad invention is.
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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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