JOHN W. SCHLICHER |
PATENTS, PATENT LITIGATION, PATENT DISPUTE RESOLUTION AND SETTLEMENT, LICENSING, ANTITRUST, LAW AND ECONOMICS |
John W. Schlicher, “Does Patent Law Make Sense? The Relationship between Patent Policies and Patent Statutes and Decisions,” American Bar Association, Patent, Trademark and Copyright Law: Litigation and Corporate Practice (1999) Introduction This paper outlines the relationship between patent law and patent policy. It discusses briefly some particular patent doctrines. I have written a more comprehensive discussion of the patent issues in one book, and the licensing, misuse, and antitrust issues in another. Table of Contents I. Introduction II. What Is Sound Legal Policy? III. What Is the Purpose of Patent Law? A. The Incentive To Invent Theory B. The Quid Pro Quo Theory IV. Patentable Subject Matter and Section 101 V. Utility and Section 101 VI. Inventors and Section 102(f) VII. One Patent for Each Invention and Section 101 VIII. Grant the Patent to the First Inventor and Section 102(g) IX. Novelty and Section 102(a) X. Prior Applications and Section 102(e) XI. Nonobviousness and Section 103 XII. The Public Use and On Sale Bars of Section 102(b) XIII. The Scope of the Rights and Section 112 XIV. Means Plus Function Claims XV. What Activities Constitute Infringement XVI. Damages XVII. The Inequitable Conduct Defense XVIII. The Misuse Doctrine XIX. Litigation |