ESP Wiki is looking for moderators and active contributors!

United States of America

Revision as of 14:23, 27 November 2009 by Ciaran (talk | contribs) ({{Infobox|series-usa}})
series-usa

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

damages

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 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.

See also

External links

References