Patent Law
Gerald Bluhm, Tyco Fire & Security
Patent Term—How Long Does a Patent Last?
Patent Law in the United States
U.S. Patent & Trademark Office
Requirements for Patentability
Appealing an Examiner's Decision
Publication and Provisional Rights
Time Limits in Patent Prosecution
Employed Inventor Laws and Shoprights
Compulsory Licenses and U.S. March-in Rights
INTRODUCTION
This chapter introduces the fundamental concepts of patent law, both in the United States and internationally, with some focus on software and Internet-related issues. Patents are exclusionary monopolies for a limited term, granted in exchange for inventors disclosing how to make or use their inventions. With the promise of such monopolies, inventors are encouraged to invent and thus reap the rewards made possible by the rights accorded. Competitors must either obtain a license to make or use a patented invention or discover new ways that circumvent a patented invention as defined by the patent claims.
Some have rejected the use of the word “monopoly” to describe patents. Regardless of whether one uses ...
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