Overview of Patent Rights and Patent Process Patent
- Slides: 11
Overview of Patent Rights and Patent Process • Patent Prosecution – Procedures and pacing – Fast track applications • Our Parallel Patent Systems: The Pre. AIA and the AIA Novelty Systems Copyright © 2018 Robert Merges. Distributed by Carolina Academic Press, LLC. All rights reserved.
Overview (cont’d) • Prosecution Details – No such thing as a “final rejection” • Post- Issuance Administrative Processes • Judicial Actions: Infringement and Declaratory Judgment Suits
Overview (cont’d) • Globalization and Patent Rights • • • The Late 19 th Century: The Paris Convention The 1970 s: Process Consolidation TRIPS: Substantive Harmonization The Patent Term Provisional Applications
Topic 2: Section 101 • Background • Recent caselaw upheaval
Begin with the Constitution The Congress shall have 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; Article I, section 8, clause 8
35 USC § 101 Whoever invents any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
35 USC § 100: Definitions (a)The term “invention” means invention or discovery. (b) The term “process” means process, art or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material. .
Two sets of issues • Conceptually: what is the unique domain of this section of the Patent Act? –“Subject to the conditions and requirements of this title” • Practically: what types of inventions typically raise problems under § 101?
Diamond v. Chakrabarty Beginning of the “modern era” of § 101 controversy
Who is Chakrabarty? • Ananda Chakrabarty, Ph. D is a distinguished professor of microbiology and immunology at the University of Illinois College of Medicine. His most notable creation is a biology-based solution for cleaning up toxic spills using the generically engineered Pseudomonas (today classified as Burkholderia cepacia or B. cepacia).
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