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Patent
Wayne State University Law School
White, Katherine E.

8/25/03 – Introduction
 
§101 – Who is eligible?
–         anyone who invents a machine, chemical comp, new and useful process…
 
§102 – what it means to be “new”
 
§112 – Specification
–         What needs to be disclosed:
o       Written description to describe how to make & use
o       Enables one of ordinary skill in the art to make & use
o       Best mode to make and use at time of application (only in US)
 
Article I, §8, clause 8:
Congress has the power “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.”
–         Gives two powers to Congress
o       Copyrights
o       Patents
 
Bonito Boats v Thunder Craft Boats (1989 p3)
Notes: How to balance monopoly w/ public ownership.
–         Jefferson: must be new and non-obvious
o       If new, public never had it to begin w/
o       Knowledge already in public is excluded
 
–         We grant patents to the inventors not the owners in the US
–         Inventors name has to be on patent. In other countries, put the owner’s name
 
Paris Convention p12
–         Even though file patent app in many countries, you can keep the filing date of your first app in the 1st country.
 
Prior Art: what has come before me.
 
Patents
–         have to be new §102
–         have to be non-obvious from what is out there §103
 
Claims: define the scope of the invention
 
Rights: exclusive right to produce/sell your invention (20yrs from date of filing)
–         Prior to June 8, 1995 it was 17yrs from date of issue
 
South Corp v US 690 F.2d 1368, p16
–         every patent case on appeal goes to the Fed Circuit Appeals Court (in DC)
o       Ex: not 6th Circuit as would a Fed case in Mich
–         Circuit Court changed to Fed Circuit in

om someone to be infringing. In copyright, you have to actually COPY.
–         Fair use privilege- allows fair use of copyrighted work, educational activities, news reporting.
 
Trademarks:
–         Made for the use of the consumer (easy to identify)
–         Idea is to protect the consumer
–         Can last forever as long as you police it well
–         Infringement for trademarks are “likelihood of confusion” and the term is indefinite. The term is no longer since it is from consumer protection. If the trademark becomes too regularly confused, you can lose your trademark.
–         If the mark becomes too generic, then we are no longer going to give theme their mark.
Can be distinguished non-uses or loss of distinctiveness.