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Topic: United States patent law


  
  PATENT INFORMATION -- NEUSTEL LAW OFFICES, LTD -- REGISTERED PATENT ATTORNEYS
Utility patents are granted for any new, useful and non-obvious process, machine, manufactured article, composition of matter, or any new and useful improvements to any of these types of inventions.
A very important part of the patent application is the "Claims", which describe the scope of coverage that the inventor is attempting to receive from the United States government.
In exchange for the publication of a patent application, patentees may be able to obtain a reasonable royalty during the period beginning on the date of publication of the application by the USPTO and ending on the date the patent is issued ("provisional rights").
www.patent-ideas.com /patents.htm   (1617 words)

  
  United States patent law - Wikipedia, the free encyclopedia
The United States patent law is a first-to-invent patent legal framework.
The provisions of the law are laid out in title 35 of the United States Code (U.S.C.).
United States Court of Appeals for the Federal Circuit
en.wikipedia.org /wiki/United_States_patent_law   (156 words)

  
 Sidley Austin | CyberLaw | The New United States Patent Law - A Primer
While the new law permits a third party to appeal an adverse decision of the Patent Examiner to the Board of Patent Appeals and Interferences, the third party may not appeal to either a district court or the United States Court of Appeals for the Federal Circuit.
Previously, United States patent law dictated that the term or life of a patent was twenty (20) years measured from the filing date of the application for the patent.
The new law provides that the immunity is not applicable to any patent issued “based on an application the earliest effective filing date of which is prior to September 30, 1996.” The new law thus effectively narrows the immunity by altering the focus from the patent’s issuance date to its filing date.
www.sidley.com /cyberlaw/features/patentlaw.asp   (4180 words)

  
 Software patents under United States patent law - Wikipedia, the free encyclopedia
The PTO's rationale was that patents could only be granted to processes, machines, articles of manufacture, and compositions of matter; patents could not be granted to scientific truths or mathematical expressions of it.
Diehr, the U.S. Supreme Court ordered the PTO to grant a patent on an invention, even though a substantial part of the invention consisted of a computer program which used well-known formulae for calculating the time when rubber was cured and the mold could be opened.
Finally, in State Street v Signature Financial (see State Street decision), the CAFC ruled that a numerical calculation that produces a "useful, concrete and tangible result", such as a price, is patentable.
en.wikipedia.org /wiki/Software_patents_under_United_States_patent_law   (615 words)

  
 A History of the Patent Law of the United States
Other features of the 1836 law were to codify the law relating to statutory bars, [21] to clarify the law relating to cases of conflict between competing applications and to provide a mechanism for establishing this.
In 1839 the law was amended to provide for a grace period (of two years) for publication or use of the invention by the applicant before filing his or her patent application.
Patent Misuse Reform Act made it clear that patent was not unenforceable for misuse on the basis that patentee had refused to license the patent or on the basis of tying arrangements unless the patentee had market power in the relevant market.
www.ladas.com /Patents/USPatentHistory.html   (4096 words)

  
 Patent Attorney Blog: Micah P. Goldsmith, Attorney At Law
Under United States patent law, a patent will not be granted to an applicant unless the application is filed less than one year from the date that the invention was sold or offered for sale within the United States.
Patent law specifies the general types of subject matter that can be patented and the conditions under which a patent for an invention must be secured.
A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive and useful.
patentattorney.blogspot.com   (8918 words)

  
 Internet Law and Policy Forum - Events
The defendant responded that the patent law of each country should be applied within its territory, or, in other words, the territorial principle should be observed in the field of patent law.
The former court held that the applicable law should be the foreign patent law but in that case it would be against the public order of Japan to apply it to the activities in Japan.
As patents are considered to be artificial fruits created by a public act of state, it seems to be possible for the act of state doctrine to apply to the question of the validity of a foreign patent.
www.ilpf.org /events/jurisdiction2/presentations/dogauchi_pr   (3173 words)

  
 SOFTWARE PATENT LAW: UNITED STATES AND EUROPE COMPARED
Patents are increasingly the protection of choice; as a consequence, international software patent laws are of growing importance to software vendors.
The patent is barred entirely in the U.S. twelve months after the foreign patent application has been submitted and the patent has been granted.
The United States has adjusted the term in compliance with the TRIPS agreement from formerly seventeen years from the date of grant.
www.law.duke.edu /journals/dltr/articles/2003dltr0006.html   (3922 words)

  
 US Patent System
Prior to GATT, a patent could be defined as a grant by the United States government giving the patent owner the right for a specified period of time to exclude others from making, using or selling an invention within the United States, its territories, and possessions.
Even though the term of an existing patent may be extended for up to 3 years by the application of these transitional rules, the enforceable rights of the patent owner during that "bonus" term are limited with respect to activities of an infringer that began prior to June 8, 1995.
A patent is essentially a monopoly granted by the government for a limited time in order to induce individuals to freely disclose their inventions for the benefit of the general public.
pages.prodigy.net /chrismc/ut/newpage3.htm   (3011 words)

  
 [No title]
Minnesota Moline Plow Co., the Court refused to apply U.S. patent laws to acts done in Canada that would constitute infringement if performed in the United States. The Court stated that patent infringement “cannot be predicated (on) acts wholly done in a foreign country.” In contrast, the court in Holiday v.
United Aircraft Engineering Corp., the court supported the international exhaustion principle, holding that goods sold by a patentee are released from the patentee’s exclusive rights, including the exclusive rights in all domestic and foreign patents. In Sanofi v.
The policies and laws in regard to parallel imports vary dramatically from country to country. Some countries like New Zealand have specifically stimulated the parallel imports that allowed the gray market to flourish in that country and benefit its citizens. The problem with such an approach is that it negatively affects other international entities.
serg.us /paper/parallel_imports.doc   (3482 words)

  
 U.S. Trademark Law, Trademark Attorneys, United States Patent & Trademark Office   (Site not responding. Last check: 2007-10-14)
Since a design is manifested in appearance, a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.
Since one the most important factors the United States Patent and Trademark Office considers in its evaluations of proposed marks is the likelihood that consumers will be confused by similar marks, the Trademark Office looks at the nature of the goods or services sought to be offered under the mark.
An international applicant may seek registration in the United States based on either (a) a valid CTM registration, or (b) a CTM application, with a right of priority if the United States application is filed within 6 months of the date of the first filing of the CTM application.
www.international-ip-protection.com /us_trademark_protection.html   (3072 words)

  
 Patent - Wex
Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time.
U.S. patent laws were enacted by Congress under its Constitutional grant of authority to protect thediscoveries of inventors.
If an application is rejected, the decision may be appealed to the Patents Office's Board of Appeals, with further or alternative review available from the United States Court of Appeals for the Federal Circuit, or in the United States District Court for the District of Columbia.
www.law.cornell.edu /topics/patent.html   (494 words)

  
 Executive Bio print - Dudas
Dudas holds a bachelor of science in finance, summa cum laude, from the University of Illinois and a law degree from the University of Chicago, with honors.
He is a member of the Illinois State Bar and the Bar of the United States District Court for the Northern District of Illinois.
Since 1790, the basic role of the United States Patent and Trademark Office (USPTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution).
www.uspto.gov /biographies/bio_dudas.htm   (601 words)

  
 Team - Software Freedom Law Center
Ravicher was associated with Skadden, Arps, Slate, Meagher and Flom LLP, Brobeck, Phleger and Harrison, LLP, and Patterson, Belknap, Webb and Tyler, LLP, all in New York, and served the Honorable Randall R. Rader, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit in Washington, D.C..
He is admitted to practice before the State of New York, the Court of Appeals for the Federal Circuit, the Court of Appeals for the 2nd Circuit, the Court of Appeals for the 11th Circuit, the Southern District of New York, the Eastern District of New York, and the United States Patent and Trademark Office.
Earlier, she was a paralegal with the New York State Commission of Investigation and the owner of a used and antiquarian bookshop.
www.softwarefreedom.org /about/team   (1326 words)

  
 Home of CougarLaw
Cougar Patent Law aims to provide service with a personal touch that clients may not feel they are getting from the mainstream IP law firms.
Two important aspects of this service are to assist clients in integrating patent strategy with business purposes and to strengthen the client’s capacity to deal with both everyday and more esoteric patent matters.
We provide services and support in many areas, including: client counseling and educating in all aspects of patents, international aspects of patent law, United States patent law, freedom-to-operate research and analysis, claim analysis, and patent searching and also patent procurement, including patent application drafting and patent prosecution.
www.cougarlaw.com   (275 words)

  
 Registered Patent Agent - Robert M. Hunter on Patents   (Site not responding. Last check: 2007-10-14)
After the results of a novelty search are available, I can evaluate the patentability of your invention before you incur the considerable expense of a patent application.
Preparing a patent application and, especially, writing patent claims and negotiation of the wording of the claims with a patent Examiner are complex tasks.
As a registered patent agent with over 30 patents of my own, I can prepare and file a U.S. or international patent application for you that maximizes the value of your invention at reasonable cost.
www.webpatent.com   (264 words)

  
 Jones Day - Publications - Recent Federal Circuit Decisions Address Extraterritorial Limits of United States Patent Law
The year 2005 saw the United States Court of Appeals for the Federal Circuit address the extraterritorial effect of United States patent law in at least four major cases—Eolas v.
Liability for "machine" or "apparatus" patents is a relatively easy question under Section 271(f): what components are being shipped, what is the sole or intended purpose of those components, and does the combination respond to the language of the claims.
In that petition, RIM urged that under Section 271(a), "use" infringement is limited to use of the patented invention within the United States, arguing that because components crucial to the BlackBerry system’s operation are located outside the United States, RIM cannot infringe.
www.jonesday.com /pubs/pubs_detail.aspx?pubID=S3065   (1907 words)

  
 Patent Law in the United States (Bitlaw)
Patents have been in the news recently as Amazon.com and other Internet companies have used patents to obtain monopoly rights in certain inventions.
Patents in the United States are governed by the Patent Act (35 U.S. Code), which established the United States Patent and Trademark Office (the USPTO).
Utility patents have a duration of twenty years from the date of filing, but are not enforceable until the day of issuance.
www.bitlaw.com /patent   (319 words)

  
 Software patents under United States patent law Summary
The PTO's rationale was that patents could only be granted to processes, machines, articles of manufacture, and compositions of matter; patents could not be granted to scientific truths or mathematical expressions of it.
Diehr, the U.S. Supreme Court ordered the PTO to grant a patent on an invention, even though a substantial part of the invention consisted of a computer program which used well-known formulae for calculating the time when rubber was cured and the mold could be opened.
Finally, in State Street v Signature Financial (see State Street decision), the CAFC ruled that a numerical calculation that produces a "useful, concrete and tangible result", such as a price, is patentable.
www.bookrags.com /Software_patents_under_United_States_patent_law   (1901 words)

  
 United States Patent and Trademark Office Home Page
An Agency Of The United States Department Of Commerce
The Conference is co-sponsored by the United States Patent and Trademark Office (USPTO), Northwestern University School of Law and the National Inventors Hall of Fame.
The Department of Commerce’s United States Patent and Trademark Office (USPTO) is publishing procedures setting forth requirements for patent applicants who want, within 12 months, a final decision by the examiner on whether their application for a patent will be granted or denied.
www.uspto.gov   (356 words)

  
 Patent Law, Patent News & Information
A patent is a proprietary right granted by the Federal government to an inventor who files a patent application with the United States Patent Office.
There are three types of patents available in the United States: (1) a utility patent, which covers the functional aspects of products and processes; (2) a design patent, which covers the ornamental design of useful objects; and (3) a plant patent, which covers a new variety of living plant.
I know so much about their patent offerings because the system that Legal Zoom uses is a version of my own application creation system, on which I have a patent pending.
www.ipwatchdog.com /patent.html   (354 words)

  
 Patent Act (35 U.S.C.) Index (BitLaw)
This version of the Patent Act was updated in March 2000.
181 Secrecy of certain inventions and withholding of patent.
296 Liability of States, instrumentalities of States, and State officials for infringement of patents.
www.bitlaw.com /source/35usc   (542 words)

  
 PIUG - Patent Information Knowledge Base   (Site not responding. Last check: 2007-10-14)
Patent Bills in Congress - 104 Session - queries the Library of Congress THOMAS system for legislation particularly on patents.
Patent Bills in Congress - 105 Session - queries the Library of Congress THOMAS system for legislation particularly on patents.
Digests of Patent Opinions of the United States Court of Appeals for the Federal Circuit - These digests summarize opinions of the United States Court of Appeals for the Federal Circuit that address substantive and procedural aspects of United States patent law.
www.piug.org /patlaw.html   (259 words)

  
 United States - Patent Law Amendments
As part of the Justice Department Authorization Bill, Congress passed legislation on October 3, 2002, in which a number of provisions of U.S. Patent Law were amended.
Amendment of the law relating to re-examination to permit re-examination so that even when no new prior art is involved, there may be a “substantial new question of patentability” so that, contrary to recent case law, re-examination may be carried out;
Amending 35 USC 102(e) to make it clear that a PCT application only has the effect of being an “application filed in the United States” for the purpose of the filing date being relevant to novelty if the PCT application is published in English and setting out the effective date for this change.
www.ladas.com /BULLETINS/2004/0304Bulletin/US_PatentLaw.html   (211 words)

  
 IBM Intellectual Property And Licensing
In 2005, IBM received 2,974 U.S. patents from the USPTO.
This is the thirteenth consecutive year that IBM has received more US patents than any other company in the world.
The IBM Corporation's Intellectual Property and Licensing team is responsible for licensing IBM's patents, as well as other forms of intellectual property, such as technology, know-how and trademarks.
www.ibm.com /ibm/licensing   (133 words)

  
 FindLaw: U.S. Constitution: Article I
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
caselaw.lp.findlaw.com /data/constitution/article01   (1896 words)

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