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Introduction to Intellectual Property

Introduction to Intellectual Property. Class of October 8 2003. Limits on Patent Rights. Limits on Patent Rights. Specific rights to exclude Time limits Geographical limits Limited to claims and equivalents. Claims. The heart of a patent application/issued patent

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Introduction to Intellectual Property

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  1. Introduction to Intellectual Property Class of October 8 2003

  2. Limits on Patent Rights

  3. Limits on Patent Rights • Specific rights to exclude • Time limits • Geographical limits • Limited to claims and equivalents

  4. Claims • The heart of a patent application/issued patent • U.S. Patent No. 5,443,036 “Method of Exercising a Cat”

  5. Claims • Independent, dependent claims • 3 parts of claims (preamble, transition phrase, body (elements or limitations of claims)

  6. Conflict for a Claim Drafter • Narrower claims are more likely to meet patentability requirements • But the narrower the claims are, the less rights the patent gives

  7. 2 forms of claim drafting • Product-by-process claims • Means-function claim

  8. 2 STEPS TO DETERMINE INFRINGEMENT • 1. Patent claim at issue must be construed to determine its scope or meaning • 2. Determination of whether the accused device or process infringes the properly construed claim, either literally or under the doctrine of requivalents

  9. To interpret, the court looks at

  10. To interpret, the court looks at • Language of claims • The rest of the patent • The entire file wrapper (prosecution history) • Extrinsic evidence (e.g. dictionaries, testimony of parties or experts, prior art) • Also – canons of interpretation

  11. Literal Infringement • Larami Corp. v. Amron CB p. 226

  12. The Doctrine of Equivalents • Graver Tank, 339 U.S. 605 (1950)

  13. Prosecution History Estoppel and the Doctrine of Equivalents • Warner Jenkinson (1997) (CB p. 320) • Festo (2002) (CB p. 237)

  14. Reverse Doctrine of Equivalents • Less frequently invoked than DOE

  15. Indirect Infringement • Active inducement • Contributory Infringement C.R. Bard v. Advanced Cardiovascular Systems (Fed. Cir. 1990)

  16. Equivalents for Means-plus-function claims • What claims are means-plus function claims? • What is the relationship between means-plus function claims and the doctrine of equivalents?

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