INDICE: List of Figures List of Tables Preface Introduction Chapter I The First–to–File Rule: Evolution and Application A. History of the First–to–File Rule in the United States B. Who?s on First? – The Rule and Its Application C. Adapting Business Routines to the First–to–File Rule Chapter II Prior Art Before and After the AIA – Two Standards Compared A. Prior Art and the First–to–File Rule B. But Is It Art? – The Art of Prior Art C. And Is It Prior – Pre–AIA Law vs. AIA D. A Servant of Two Masters? – The Effective Filing Date and Its Role in Determining the Governing Rule E. Conclusion Chapter III Creating One?s Own Prior Art: Self–Imposed Barriers to Patentability A. The On–Sale Bar B. The Publication Bar – Publish and Perish? C. Observations Chapter IV Cancelling Prior Art and Other Benefits of Record Keeping A. Derivation Proceedings B. Disqualifying Reference Materials as Prior Art C. Records Showing Collaboration D. Records of Public Disclosures and Commercial Uses E. Laboratory Notebooks Chapter V Inventing in an Employment Environment – The AIA?s New Recognition of Employer Interests and Project Management A. Project Management and the New Definition of Prior Art B. Allowing the Employer to Stand In for the Inventor C. What Constitutes an Obligation to Assign? D. Implying an Obligation to Assign When There is No Express Agreement E. Having a Sufficient Proprietary Interest Other Than By Assignment or Obligation to Assign F. When No Assignment, Obligation to Assign, or Proprietary Interest: The Shop Right Chapter VI The Novelty Threshold: Can You Recognize It When You See It? A. Anticipation and the All Elements in a Single Reference Rule B. Novelty in the Arrangement of Parts C. Another Argument Against Anticipation: The Non–Enabling Reference D. Caution: A Reference Can Anticipate an Invention Even if it Teaches Away From the Invention E. Novelty vs. Anticipation Among Genus, Subgenus, and Species F. Are We Done? Chapter VII Confronting the Prior Art: What Makes an Invention Nonobvious? A. But Every Invention is a Combination of Old Elements! B. Pursuing the Unpredictable C. In Hindsight (and Other Obvious or Nonobvious Thoughts) Chapter VIII The View From the Infringer?s Side – Challenging a Patent?s Validity A. Do You Really Want to Go to Court? B. Selecting Claims C. Options for Challenge Before a Patent is Granted D. Options for Challenge After a Patent is Granted Chapter IX Patent Eligibility – Pushing the Envelope on Subject Matter Appropriate for Patenting A. Medical Diagnostic Methods B. Computer–Implemented Processes C. Business Methods D. The AIA?s New Procedure for Challenging Business Method Patents E. Conclusion: A Rule for Patent Eligibility? Or a Case of I?ll Know It When I See It? Chapter X Selected Topics in Patent Strategy A. Provisional Patent Applications B. Strategies in Claim Construction Chapter XI Patents and Beyond: The Variety and Scope of Intellectual Property A. Trade Secrets B. Trademarks C. Copyrights D. Design Patents E. Intellectual Property Coverage for Plants F. Conclusion Appendix A Selected Fees Charged by U.S. Patent and Trademark Office and Other U.S. Agencies for Intellectual Property as of January 1, 2014 Appendix B Patent Searchers Acronym Glossary Glossary References, Websites, and Blogs Patents and Published Patent Applications Cited Cases Cited Index
- ISBN: 978-1-118-83965-2
- Editorial: Wiley–Blackwell
- Encuadernacion: Cartoné
- Páginas: 240
- Fecha Publicación: 26/12/2014
- Nº Volúmenes: 1
- Idioma: Inglés