In our modern technologically-based economy, the creation and enforcement of patent rights can make or break a business. With record numbers of patents being issued every year, the stakes for inventors (and, indeed, their lawyers) continue to rise, even as the patent law and its administration faces growing criticism.
This course begins with an examination of the fundamental justifications for and creation of U.S. patent rights as well as the relationship between patent law and other “intellectual property” concepts. We will then delve into the details of the U.S. requirements for patentability, and explore the scope of patent rights, again considering how the policies expressed reflect the justifications for patent rights. Then we will look at an actual patent document and analyze the different pieces of an issued patent with a special focus on the importance of patent claims. Finally, we will explore strategies for dealing with patent infringement.
Overview
Syllabus
- What is Patent Law?
- This module introduces patent law - what patents are, what they cover, how they are enforced, and the structure of the U.S. patent system.
- Patentability
- What exactly can you patent? This module delves into the important details of the various patentability requirements.
- The Scope of a Patent
- Once you have a patent, what exactly do you have? This module explores the exact scope and limits of patent coverage through a close study of patent claims.
- Patent Enforcement
- Once you have a patent, how do you enforce it? This module looks at patent enforcement as well as patent avoidance. We also take a close look at the fascinating case of the Super Soaker patent.
Taught by
R. Polk Wagner
