Patent Law

This lesson examines the public policy objectives driving and defining United States patent law. The first section explores the nature and logic of the regime's generally accepted core purpose - providing optimum incentives to invest in useful arts innovation. The next section discusses how that goal generates the basic doctrinal requirements for patentability (novelty, nonobviousness, utility, enablement/disclosure - patentable subject matter is covered separately in lessons on Patentable Subject Matter and Non-Obviousness).

This lesson covers the kinds of inventions that can be patented. The first section discusses how the Constitution and the federal Patent Act (specifically Section 101) define and limit those categories of innovations, including the open issues in that on-going debate. The second section offers a variety of problems ranging from the straight-forward to the more complex, permitting confirmation of understanding and practice in application.

This lesson explores the concept of utility as a condition for patentability under 35 U.S.C. § 101. The lesson can serve either as an introduction to the topic or as a review after covering the material in class. Although the fundamental concepts in this lesson are not difficult, the optional essay explores a particularly challenging topic.

Learning Outcomes

On completion of the lesson, the student will be able to:

This lesson works through the details of patent law's novelty requirement as set out in Section 102(a) of the Patent Act. It also briefly covers Section 102(e) and inventorship. It does not deal with Section 102(b) statutory bars.

A general understanding of the nature of claims and the application process is assumed background context. The lesson can be used as supplemental preparation for class, to confirm your understanding afterwards or as a final self-test before the exam.

This lesson reviews some of the concepts needed to understand the patent law doctrine of "nonobviousness" (Section 103 of the Patent Act). Before completing this lesson students should be familiar with the doctrine of novelty under Section 102 of the Act.

This lesson focuses on one of the factual inquiries underlying the legal determination of nonobviousness: the scope and content of the prior art. It assumes that you are familiar with the patentability requirement of novelty under 35 U.S.C. §102 and with the basic framework of the obviousness analysis. If you would like a review of the basic framework for determining obviousness, you may want to do the lesson on "Basic Concepts of Nonobviousness" before you complete this lesson.

This lesson can serve as an introduction or review of the way in which "secondary considerations" are used in assessing the nonobviousness requirement in patent law. The lesson assumes a basic familiarity with the nonobviousness doctrine. Before doing this lesson, students may wish to review the lesson dealing with Basic Concepts of Nonobviousness. Other aspects of the nonobviousness doctrine are covered in the lesson dealing with Scope and Content of the Prior Art. Students may do this lesson either before or after that lesson.

This lesson defines and applies the concept of literal infringement in patent law. It also examines the process through which the patentee establishes literal infringement.

This lesson introduces the doctrine of equivalents, which permits a finding of patent infringement where the accused structure or process does not literally infringe, but differs only insubstantially from the claimed structure or process.

This lesson covers one type of patent infringement involving activity beyond the borders of the United States. In particular, what constitutes infringement under 271(f)(1) and (f)(2) is addressed, including the US Supreme Court decision, AT&T v. Microsoft.

Students may use this lesson to review material already covered in a course, or to learn this material on their own. Students should at least have prior knowledge and understanding of direct and indirect infringement under 271(a)-(c).

This lesson is an introduction to patent issues under TRIPS, an important international agreement that impacts the national patent laws of all member countries of the World Trade Organization. This includes over 170 countries, including not only industrialized countries, but all developing and least developed countries. Because TRIPS imposes restrictions on national law in all countries, understanding TRIPS is important to understanding what changes to patent law is possible - in the United States and beyond.

This lesson provides an advanced exploration of patent issues under TRIPS, an important international agreement that binds most countries, including developed and developing countries. This lesson aims to provide students with information concerning pressing issues. It is appropriate for students who have completed the Introduction to TRIPS lesson, as well as students who have some prior exposure to TRIPS, such as students who have studied the agreement in a class on International IP.