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Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2011

Patent law

Articles 1 - 2 of 2

Full-Text Articles in Intellectual Property Law

Patent Law Handbook, 2011-2012 Edition, Lawrence Sung, Jeff Schwartz Dec 2010

Patent Law Handbook, 2011-2012 Edition, Lawrence Sung, Jeff Schwartz

Lawrence M. Sung

Helps attorneys discern what the courts may find, while providing immediate access to current law. Also alerts attorneys to new developments in the law and how they may impact an individual practice. Easy access to information on validity; inequitable conduct; defenses and counterclaims; infringement; willful infringement; remedies; appeal; pretrial and trial issues; Patent Office proceedings; licensing; patent proceedings in other forms, including ITC proceedings and claims court. Also analyzes Federal Circuit’s approach to statutory subject matter as it relates to computer software, its decision clarifying the role of judges and juries in interpreting claims, and its holdings in other opinions.


Overcoming The “Impossible Issue” Of Nonobviousness In Design Patents, Daniel Harris Brean, Janice M. Mueller Dec 2010

Overcoming The “Impossible Issue” Of Nonobviousness In Design Patents, Daniel Harris Brean, Janice M. Mueller

Daniel Harris Brean

The United States offers legal protection for designs - the overall aesthetic appearances of objects - through the patent system. To obtain a U.S. design patent has long required something more than novelty. Just as the patentability of a utilitarian device mandates a “nonobvious” advance over earlier technology, the patentability of a new and ornamental design requires that it differ from prior designs to an extent that would not have been “obvious to a designer of ordinary skill who designs articles of the type involved.” Ostensibly promoting progress in design, Congress in 1842 shoehorned design protection into the existing utility …