"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive works. Acting pursuant to this power, Congress has enacted legislation, set forth at Title 35 of the U.S. Code, which provides the foundation for an inventor’s ability to obtain patent protection for new and useful ideas.

To obtain a patent, one must submit a application to the U.S. Patent & Trademark Office (the “U.S. PTO”), the federal agency responsible for patent examination. The U.S. PTO’s review considers whether the application includes all information required by the Patent Act. Such information includes a detailed disclosure of the invention including how the invention can be made and used by others in the field. This disclosure must demonstrate the invention’s utility. In addition, the applicant must include at least one claim that provides notice of the elements of the asserted invention. The claimed invention must be novel and fall within the purview of the Patent Act’s statutory subject matter — that is, the invention must be among the types of advances that are authorized for protection under the patent system. Further, the claimed invention must meet the nonobviousness requirement, such that the application does not claim what would be merely obvious to one of ordinary skill in the art. If the requirements of patent law are met and the U.S. PTO issues a patent based on the application, the right becomes enforceable against infringers. A patentee may then choose to assert the right, for example by filing an infringement action in a U.S. District Court. If successful, the owner may obtain monetary relief and, under certain conditions, an injunction against further infringement. Subject to certain exceptions, under current law a patent has an effective life of twenty (20) years from the application’s filing date."  Understanding Patent Law 2008 (footnotes omitted).

This Understanding treatise provides important and comprehensive coverage to complement the study of patent law, and is suitable for use with any patent law casebook. Understanding Patent Law features:

• Up-to-date coverage of all major patent law topics, including the requirements to obtain a U.S. patent right, post-grant procedures, claim construction methods and procedures, all patent infringement theories;
• defenses to an infringement suit, international considerations, and an overview of the legislative, regulatory, and court systems that govern the creation, issuance, and enforcement of the right;
• Overviews and examples which illustrate the application of the most abstract and complex doctrines;
• Clear and concise summaries of the major cases, including straightforward descriptions of the technology at issue;
• Clear organization and writing to enhance understanding of all concepts and covered in patent and intellectual property courses; and
• Discussions of the policy and historical underpinnings of the primary patent law doctrines.

Click the link below for a free download of Chapter 1 of the treatise.

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