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E-raamat: First to File - Patents for Today's Scientist and Engineer: Patents for Today's Scientist and Engineer [Wiley Online]

  • Formaat: 224 pages
  • Ilmumisaeg: 05-Dec-2014
  • Kirjastus: Wiley-AIChE
  • ISBN-10: 1118933168
  • ISBN-13: 9781118933169
Teised raamatud teemal:
  • Wiley Online
  • Hind: 98,28 €*
  • * hind, mis tagab piiramatu üheaegsete kasutajate arvuga ligipääsu piiramatuks ajaks
First to File - Patents for Today's Scientist and Engineer: Patents for Today's Scientist and EngineerSuurem pilt
  • Formaat: 224 pages
  • Ilmumisaeg: 05-Dec-2014
  • Kirjastus: Wiley-AIChE
  • ISBN-10: 1118933168
  • ISBN-13: 9781118933169
Teised raamatud teemal:
Wiley Online e-raamatudRohkem infot Wiley Online kohta
Raamatu kodulehekülg: https://onlinelibrary.wiley.com/doi/book/10.1002/9781118933169
Aimed specifically at scientists and engineers, this book provides the fundamentals of the patent system for inventors seeking patent protection. While not intended to replace the assistance of a patent attorney, this book serves as both a helpful guide and thorough introduction to patent law in order to assist the inventor in the patent process. It provides a full history of the “first-to-file” rule in the United States, as well as an explanation of the novelty threshold and intellectual property and an extensive table of fees charged by the U.S. Patent and Trademark office and other U.S. agencies for intellectual property. Annotation ©2015 Ringgold, Inc., Portland, OR (protoview.com)

Bridges the gap between the realistic needs and questions of scientists and engineers and the legal skills of professionals in the patent field at a level accessible to those with no legal training
• Written for inventors in lay terms that they can relate to or easily follow
• Lays out the new features of patent law introduced by the America Invents Act of 2012
• Explains the differences between the first-to-invent and first-to-file rules and why the two rules will coexist
• Focuses on the growth of new technologies in industry versus the laws protecting them
List of Figures
ix
List of Tables
xi
Preface xiii
Introduction xvii
About the Author xix
1 The First-to-File Rule: Evolution and Application
1(8)
1.1 History of the First-to-File Rule in the United States
2(3)
1.2 "Who's on First?": The Rule and Its Application
5(2)
1.3 Adapting Business Routines to the First-to-File Rule
7(2)
2 Prior Art before and after the AIA: Two Standards Compared
9(16)
2.1 Prior Art and the First-to-File Rule
9(1)
2.2 "But Is It Art?": The Art of Prior Art
10(1)
2.3 And Is It "Prior"?: Pre-AIA Law vs. the AIA
11(10)
2.3.1 U.S. Patents and Published U.S. Patent Applications
11(3)
2.3.2 Patents and Patent Applications Other than those of the United States
14(2)
2.3.3 Other Published Literature
16(1)
2.3.4 Commercial Activities
17(4)
2.3.5 Otherwise Available to the Public
21(1)
2.4 A Servant of Two Masters?: The "Effective Filing Date" and Its Role in Determining the Governing Rule
21(2)
2.5 Conclusion
23(2)
3 Creating One's Own Prior Art: Self-imposed Barriers to Patentability
25(17)
3.1 The On-Sale Bar
26(9)
3.1.1 Ready for Patenting?
26(7)
3.1.2 Exceptions for Experimental Use
33(2)
3.2 The Publication Bar: Publish and Perish?
35(6)
3.2.1 Posting on an Internet Server
36(1)
3.2.2 Slide Presentations and Posters at a Conference
37(1)
3.2.3 Submission of a Thesis to a University Library
38(1)
3.2.4 Grant Proposals
39(2)
3.3 Observations
41(1)
4 Canceling Prior Art and Other Benefits of Record Keeping
42(10)
4.1 Derivation Proceedings
42(3)
4.2 Disqualifying Reference Materials as Prior Art
45(1)
4.3 Records Showing Collaboration
46(2)
4.4 Records of Public Disclosures and Commercial Uses
48(2)
4.5 Laboratory Notebooks
50(2)
5 Inventing in an Employment Environment: The Aia's New Recognition of Employer Interests and Project Management
52(15)
5.1 Project Management and the New Definition of Prior Art
53(1)
5.2 Allowing the Employer to Stand in for the Inventor
54(2)
5.3 What Constitutes an Obligation to Assign?
56(4)
5.4 Implying an Obligation to Assign When There Is No Express Agreement
60(3)
5.5 Having a "Sufficient Proprietary Interest" Other than by Assignment or Obligation to Assign
63(1)
5.6 When No Assignment, Obligation to Assign, or Proprietary Interest: The "Shop Right"
63(4)
6 The Novelty Threshold: Can You Recognize It When You See It?
67(21)
6.1 Anticipation and the "All Elements in a Single Reference" Rule
68(5)
6.1.1 "Incorporation by Reference" of the Missing Element from Another Source
70(2)
6.1.2 Inherent Disclosure of the Missing Element
72(1)
6.2 Novelty in the Arrangement of Parts
73(4)
6.3 Another Argument Against Anticipation: The "Nonenabling Reference"
77(2)
6.4 Caution: A Reference Can Anticipate an Invention Even if It "Teaches Away" from the Invention
79(5)
6.5 Novelty versus Anticipation among Genus, Subgenus, and Species
84(3)
6.5.1 Species Anticipating a Genus
84(1)
6.5.2 Specific Value Anticipating a Range
85(1)
6.5.3 "Shotgun" Disclosures in the Prior Art
85(1)
6.5.4 Species or Subgenus Novel over a Larger, Encompassing Genus
86(1)
6.5.5 Narrow Range Novel over a Broad Range Encompassing the Narrow Range
86(1)
6.6 Are We Done?
87(1)
7 Confronting the Prior Art: What Makes an Invention Nonobvious?
88(20)
7.1 "But Every Invention Is a Combination of Old Elements!"
90(9)
7.1.1 Synergism and Changes in Function
90(2)
7.1.2 "But Why Would a Munitions Manufacturer Go to a Horse Trainer (for the Missing Element)?"
92(2)
7.1.3 "But Nobody Knew What the Problem Was (Before I Came Along)!"
94(1)
7.1.4 "But They Said It Couldn't Be Done!"
95(4)
7.2 Pursuing the Unpredictable
99(8)
7.2.1 Predictable Now but Unpredictable Then?
101(2)
7.2.2 Finding a Needle in a Haystack
103(2)
7.2.3 Unpredictability versus Optimization
105(2)
7.3 In Hindsight (and Other Obvious or Nonobvious Thoughts)
107(1)
8 The View from the Infringer's Side: Challenging a Patent's Validity
108(14)
8.1 Do You Really Want to Go to Court?
109(2)
8.2 Selecting Claims
111(4)
8.3 Options for Challenge before the Patent Is Granted
115(3)
8.4 Options for Challenge after the Patent Is Granted
118(4)
8.4.1 Citation of Prior Art and Written Statements
118(1)
8.4.2 Post-Grant Review and Inter Partes Review
119(3)
9 Patent Eligibility: Pushing the Envelope on Subject Matter Appropriate for Patenting
122(17)
9.1 Medical Diagnostic Methods
123(4)
9.2 Computer-Implemented Processes
127(3)
9.3 Business Methods
130(3)
9.4 The Aia's New Procedure for Challenging Business Method Patents
133(2)
9.5 Conclusion: A Rule for Patent Eligibility? or a Case of "I'll Know It When I See It"?
135(4)
10 Selected Topics in Patent Strategy
139(18)
10.1 Provisional Patent Applications
139(6)
10.2 Strategies in Claim Construction
145(12)
11 Patents and Beyond: The Variety and Scope of Intellectual Property
157(13)
11.1 Trade Secrets
157(6)
11.1.1 Scope
159(1)
11.1.2 The Right of an Individual to Use Fundamental Skills
159(1)
11.1.3 Comparing Trade Secrets to Patents
160(3)
11.2 Trademarks
163(1)
11.2.1 Choosing a Trademark
163(1)
11.2.2 Securement, Maintenance, and Infringement of Trademark Rights
164(1)
11.3 Copyrights
164(2)
11.4 Design Patents
166(1)
11.5 IP Coverage for Plants
167(1)
11.6 Conclusion
167(3)
Appendix A Selected Fees Charged by U.S. Patent and Trademark Office and Other U.S. Agencies for Intellectual Property as of January 1,2014 170(5)
Appendix B Patent Searchers 175(3)
Acronym Glossary 178(1)
Glossary 179(6)
Bibliography, Websites, and Blogs 185(3)
Patents and Published Patent Applications Cited 188(3)
Cases Cited 191(3)
Index 194
M. Henry Heines, PhD, JD is an Attorney at Law, specializing in patents, with almost 40 years experience in the field. His expertise includes patents in the areas of organic and inorganic chemistry, chemical engineering, mechanical engineering, and biotechnology. He is the author of two books, 15 articles, and numerous presentations on the subject of patents in specialized engineering fields. He also authored the Patent Column featured in the AIChE magazine, CEP for numerous years.
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