Patent Law and Policy: Cases and Materials

By John Fitzgerald Duffy, Robert Patrick Merges, Robert P. Merges

Book Overview

View or download the free 2015 Online Supplement for this product. This leading casebook makes Patent Law accessible to a wide audience of students and instructors. Patent Law and Policy provides numerous diagrams and figures, concise explanations of relevant legal principles, and, to the extent possible, cases involving relatively simple technologies. This is a thorough and comprehensive post-AIA revision of Patent Law and Policy, integrating extensive new material in almost every chapter. Highlights include: Detailed coverage of the new "first inventor to file" novelty rules, with analysis of new statutory provisions integrated into traditional case coverage under the 1952 Act. Extensive discussion relating to the structure of the new AIA section 102; categories of prior art under the AIA compared to the 1952 Act; the critical (filing) date under the AIA versus traditional first to invent rules; the new AIA "public disclosure" grace period provisions, compared to the 1952 Act statutory bars; and all other important aspects of the AIA. In-depth description and discussion of all the major new administrative proceedings under the AIA: Post-Grant Review; the new Inter Partes Review (replacing inter partes reexaminations); the Supplemental Examination (inequitable conduct "purging") procedure; and Derivation Proceedings. Concise discussions of many other features of the AIA, integrated into each chapter of the book. Examples include the new prior commercial use ("prior user") right, discussed in the section of Chapter 8 on Defenses to Infringement; the transitional Business Method Patent review proceeding, discussed in Chapter 2 on Patentable Subject matter; and the new virtual patent marking provision, integrated into Chapter 9, Damages. Coverage of all new and recent Supreme Court cases, including Mayo v. Prometheus (section 101), Globaltech v. SEB (inducement to infringe), Bowman v. Monsanto (exhaustion/licensing); and Stanford v. Roche (patent ownership and the Bayh-Dole Act). In addition to providing the most recent developments, the authors have also tried to put the current evolution of the law in historical context, thus expanding coverage of historically important cases in areas where the law is changing dramatically. Patent Law and Policy is supported by an author-hosted Web page with supplemental teaching tools, including a current supplement and PowerPoint slides. The authors provide periodic email updates on important issues (e.g., "Top Ten Patent Cases") to professors who adopt this book. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

• Format: Hardcover
• Language: English
• ISBN: 076985768X
• ISBN13: 9780769857688
• Release Date: July 2013
• Publisher: Carolina Academic Press
• Length: 1310 Pages
• Weight: 4.60 lbs.