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6.1 Chapter 6 Patents © 2003 by West Legal Studies in Business/A Division of Thomson Learning.

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Presentation on theme: "6.1 Chapter 6 Patents © 2003 by West Legal Studies in Business/A Division of Thomson Learning."— Presentation transcript:

1 6.1 Chapter 6 Patents © 2003 by West Legal Studies in Business/A Division of Thomson Learning

2 6.2 Overview of Patent Law  Invention  Patent  Embodiment  Qualification procedure  Patent prosecution  Examiner and examination process  Contract theory of intellectual property

3 6.3 International Patent Law Discuss the impact of each of the following international laws: 1.Paris Convention 2.Patent Cooperation Treaty 3.European Patent Convention 4.Patent Law Treaty 5.Trade Related Intellectual Property Let’s Discuss Let’s Discuss Let’s Discuss Let’s Discuss

4 6.4 Patentability: Areas of Patentable Subject Matter  Machine  Manufacture  Process  Composition of matter

5 6.5 Patentability: Areas of Non- Patentable Subject Matter  Naturally occurring things  Abstract ideas  Laws of nature  Mathematical formulae

6 6.6 Other Areas of Patentability Methods of doing business Computer software Biotechnology

7 6.7 Patentability: Novelty  Publicly-available knowledge  One-year grace period  First-to-invent  Searching the prior art

8 6.8 Patentability: Non-obviousness The patent should not be granted on a novel invention if the advancement is small and represents merely minor improvements over the prior art.

9 6.9 The Patenting Process  The Patent and Trademark Office  The patent application  Ethical consideration  Inventorship  Provisional patent applications  The PTO’s electronic filing system  Disclosure  Secrecy

10 6.10 Patent Infringement 1.Literal infringement 2.Doctrine of equivalents 3.Defenses to infringement Patent Office

11 6.11 Remedies  Equitable remedies  Legal remedies  International remedies

12 6.12 Sui Generis Protections  Design patents  Semiconductor chip protections  Plant patents Protected Not Protected


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