Difference between revisions of "United States of America"
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==Legislation== | ==Legislation== | ||
* [http://www.law.cornell.edu/patent/patent.overview.html U.S. Patent Act -- 35 USCS Sects. 1 - 376] | * [http://www.law.cornell.edu/patent/patent.overview.html U.S. Patent Act -- 35 USCS Sects. 1 - 376] | ||
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====USC 287(c)==== | ====USC 287(c)==== | ||
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Medical activities exempted from remedies - or patentable but the doctor isn't liable. | Medical activities exempted from remedies - or patentable but the doctor isn't liable. | ||
==FTC hearings== | ==FTC hearings== | ||
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''(What happened about this: [http://www.ftc.gov/opa/2008/11/ipmarketplace.shtm FTC hearings about the patent system, announced December 2008])'' | ''(What happened about this: [http://www.ftc.gov/opa/2008/11/ipmarketplace.shtm FTC hearings about the patent system, announced December 2008])'' | ||
==Patent judgements== | ==Patent judgements== | ||
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| + | :''(see: [[USA patents courts and appeals]])'' | ||
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]].<ref>http://www.kuesterlaw.com/swpat.html</ref> | 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]].<ref>http://www.kuesterlaw.com/swpat.html</ref> | ||
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==Related pages on {{SITENAME}}== | ==Related pages on {{SITENAME}}== | ||
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* [[Patent office practice in the USA]] | * [[Patent office practice in the USA]] | ||
* [[Case law in the USA]] | * [[Case law in the USA]] | ||
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| − | * [[ | + | * [[Bilski overview]] |
* [[US FTC report on innovation]] | * [[US FTC report on innovation]] | ||
* [[Calculating infringement damages in the USA]] | * [[Calculating infringement damages in the USA]] | ||
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* [[Obama administration]] | * [[Obama administration]] | ||
| + | * [[The Patent Reform Act]] | ||
==External links== | ==External links== | ||
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[[Category:USA]] | [[Category:USA]] | ||
[[Category:Countries and regions]] | [[Category:Countries and regions]] | ||
[[Category:Legislation by country]] | [[Category:Legislation by country]] | ||
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Revision as of 14:46, 29 April 2010
Contents
Legislation
Relevant parts of US Code
USC 101
Statutory categories (patentable subject matter)
USC 102
About prior art.
http://www.patentlyo.com/patent/2008/10/bpai-under-102e.html
USC 103
Nonobviousness analysis.
(see patently-o's discussion of nonobvious and anticipated)
USC 273
About "prior user rights for business methods".
USC 284
USC 285
Attorney fees
USC 287(c)
Medical activities exempted from remedies - or patentable but the doctor isn't liable.
FTC hearings
(What happened about this: FTC hearings about the patent system, announced December 2008)
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]
The place for lawsuits
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.
Related pages on ESP Wiki
- Patent office practice in the USA
- Case law in the USA
- USA patents courts and appeals
- Bilski overview
- US FTC report on innovation
- Calculating infringement damages in the USA
- Obama administration
- The Patent Reform Act
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
