USA

From en.swpat.org

Contents 1 Legislation 1.1 Relevant parts of US Code 1.1.1 USC 101 1.1.2 USC 102 1.1.3 USC 103 1.1.4 USC 273 1.1.5 USC 284 1.1.6 USC 285 1.1.7 USC 287(c) 2 FTC hearings 3 Patent judgements 4 The place for law suits 5 Related pages on en.swpat.org 6 External links 7 References

[edit] Legislation

• U.S. Patent Act -- 35 USCS Sects. 1 - 376
• The Patent Act of 1790

[edit] Relevant parts of US Code

[edit] USC 101

Statutory categories (patentable subject matter)

[edit] USC 102

About prior art.

http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html

[edit] USC 103

Nonobviousness analysis.

(see patently-o's discussion of nonobvious and anticipated)

[edit] USC 273

About "prior user rights for business methods".

[edit] USC 284

damages

[edit] USC 285

Attorney fees

[edit] USC 287(c)

Medical activities exempted from remedies - or patentable but the doctor isn't liable.

[edit] FTC hearings

(What happened about this: FTC hearings about the patent system, announced December 2008)

[edit] Patent judgements

Patent applications are initially judged by an examiner at the USPTO. This decision can be appealed to the USPTO's Board of Patent Appeals and Interferences. The next step is to go to the United States Court of Appeals, Federal Circuit, and the final step, if accepted, would be to go before the United States Supreme Court.^[1]

[edit] The place for law suits

Most of the world's patent litigation happens in the USA.

Within the USA, a disproportionately large amount of patent litigation takes place in the district of East Texas. This phenomenon is known as forum shopping.

[edit] Related pages on en.swpat.org

• Patent office practice in the USA
• Case law in the USA
• The Patent Reform Act
• in re Bilski
• US FTC report on innovation
• Calculating infringement damages in the USA
• USA patents courts and appeals
• Obama administration

[edit] External links

• ESP: Resources For Lawyers
• Presention about swpats in USA by Dan Ravicher
• AIPLA: information about software and business method patents in the USA
• FFII's page about swpats in the USA

[edit] References

1. ↑ http://www.kuesterlaw.com/swpat.html