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Introduction to Patent Law

Introduction to Patent Law. Class Notes: January 14, 2003 Law 677 | Patent Law | Spring 2003 Professor Wagner. Today’s Agenda. Administration & Course Information The History of the U.S. Patent System Patent Structure: What is a Patent? Basics of Patent Prosecution. Course Administration.

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Introduction to Patent Law

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  1. Introduction to Patent Law Class Notes: January 14, 2003 Law 677 | Patent Law | Spring 2003 Professor Wagner

  2. Today’s Agenda • Administration & Course Information • The History of the U.S. Patent System • Patent Structure: What is a Patent? • Basics of Patent Prosecution

  3. Course Administration • Course web site: patents.pennlaw.net/sp2003/ • Assignments • Readings • Casebook, Supplement (downloadable) • Relatively Heavy ~ 30-50 pp. per class • All students “on call” each day (mostly volunteers) • Commentary Posts (CPs) • Short essays on topic-of-the-day • See web site for more details, examples, etc. • Key: don’t forget

  4. Course Administration (ii) • Bulletin Board • http://bulletin.law.upenn.edu/ (also linked from web site) • Use it to post CPs; also for questions and discussion • Check-in by Thursday’s class • Grading Scheme • Final Exam: 60% • Multiple choice, true-false (long fact patterns) • Commentary posts: 25% (two during the term) • Course participation: 15% (includes bulletin board)

  5. Course Administration (iii) • Class Notes • Typically available before class (PDF) • Class Audio • All classes recorded, linked to web site (MP3s) • Important: use the microphones to talk • Contacting me • Email is best: pwagner@law.upenn.edu • Office: T-333 (Library), 215.898.4356 • Hours: Wednesday, Friday - 10:30-11:30 AM • Generally available Tuesday-Friday 9:30 to 5:30 (or by appointment) • No food in classroom (drinks fine)

  6. History of the US Patent System • Article I, § 8, cl. 8: [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. • Patent Statute: • 35 U.S.C. et seq. • Since 1790 • Most recently new in 1952 (The ‘52 Act)

  7. History of the US Patent System • Structure of the Patent System • Prosecution Phase (also: Examination) • Administrative Agency (USPTO) • End: an “Issued Patent” • Enforcement Phase • Private actions (civil suits, enforced by patentees) • Litigation under federal law • Where? 28 U.S.C. § 1338 (p. 28); 28 U.S.C. § 1295 (p. 26) • The Federal Circuit

  8. The Structure of Patents • US Patent No. 6,203,230 • Specification • Front page • Abstract • Written Description • Description of Technical Field • Background of the Invention • Summary of the Invention • Detailed Description of the Invention • Drawings • Claims

  9. Patent Prosecution Basics The Life of a Patent

  10. Patent Prosecution Basics • Key Points about Prosecution • Ex parte process • Private/secret (for 24 months) • Procedures allow “continuing” applications • Around 90% of all applications eventually result in a patent • Internal procedural incentives to issue patents • Two-stage appeals • Board Patent Appeals and Interferences (Board) • Federal Circuit (also: District DC + Fed. Cir.) • Reexamination (ex parte, inter-partes)

  11. Next Class • Patent Economics I • The Basis of Patent Law

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