Warning Letters (Patent and Trademark)
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Patent Law: a Handbook for Congress
Patent Law: A Handbook for Congress September 16, 2020 Congressional Research Service https://crsreports.congress.gov R46525 SUMMARY R46525 Patent Law: A Handbook for Congress September 16, 2020 A patent gives its owner the exclusive right to make, use, import, sell, or offer for sale the invention covered by the patent. The patent system has long been viewed as important to Kevin T. Richards encouraging American innovation by providing an incentive for inventors to create. Without a Legislative Attorney patent system, the reasoning goes, there would be little incentive for invention because anyone could freely copy the inventor’s innovation. Congressional action in recent years has underscored the importance of the patent system, including a major revision to the patent laws in 2011 in the form of the Leahy-Smith America Invents Act. Congress has also demonstrated an interest in patents and pharmaceutical pricing; the types of inventions that may be patented (also referred to as “patentable subject matter”); and the potential impact of patents on a vaccine for COVID-19. As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner’s exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. For patentability, the report details the various requirements that must be met before a patent is allowed to issue. -
Patent and Trademark Cases Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property Volume 9 Article 1 Issue 4 January Spring 2011 Top Tens in 2010: Patent and Trademark Cases Stephen McJohn Recommended Citation Stephen McJohn, Top Tens in 2010: Patent and Trademark Cases, 9 Nw. J. Tech. & Intell. Prop. 1 (2011). https://scholarlycommons.law.northwestern.edu/njtip/vol9/iss4/1 This Perspective is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY Top Tens in 2010: Patent and Trademark Cases Stephen McJohn January 2011 VOL. 9, NO. 4 © 2011 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2011 by Northwestern University School of Law Volume 9, Number 4 (January 2011) Northwestern Journal of Technology and Intellectual Property Top Tens in 2010: Patent and Trademark Cases By Stephen McJohn* ¶1 The following are notable intellectual property decisions for patent and trademark in 2010 in the United States. Notable copyright and trade secret cases will be examined in a subsequent article. Viewed across doctrinal lines, some interesting threads emerge involving the scope of protection, the amount of secondary liability, and ownership of the intellectual property rights. ¶2 The scope of protection was at issue in both areas. Bilski v. Kappos marked a shift from using technical tests for patent subject matter to relying on the basic exclusions against patents on laws of nature, physical phenomena, or abstract ideas.1 Ass’n for Molecular Pathology v. -
Chilling Effects”? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act
Efficient Process or “Chilling Effects”? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act Summary Report Jennifer M. Urban Director, Intellectual Property Clinic University of Southern California and Laura Quilter Non-Resident Fellow, Samuelson Clinic University of California, Berkeley Introduction This is a summary report of findings from a study of takedown notices under Section 512 of the Digital Millennium Copyright Act.1 Section 512 grants safe harbor from secondary copyright liability (i.e., the copyright infringement of their end users) to online service providers (OSPs), such as Internet access providers or online search engines. In order to receive the safe harbor, online service providers respond to cease-and-desist letters from copyright complainants by pulling their users’ information—web pages, forum postings, blog entries, and the like—off the Internet. (In the case of search engine providers, the link to the complained-of web site is pulled out of the index; in turn, the web site disappears from the search results pages. These notices are somewhat troubling in and of themselves, as merely providing a link is unlikely to create secondary liability for the search engine, in the first place.) Because the OSP is removing material in response to a private cease-and-desist letter that earns it a safe harbor, no court sees the dispute in advance of takedown. In this study, we traced the use of the Section 512 takedown process and considered how the usage patterns we found were likely to affect expression -