Intellectual Property Law for Engineers, Scientists, and Entrepreneurs. Howard B. Rockman

BIOTECHNOLOGY AND THE WRITTEN DESCRIPTION REQUIREMENT 14.5 BIOTECHNOLOGY AND PATENT EXHAUSTION 14.6 BIOTECHNOLOGY AND GOVERNMENT REGULATION 14.7 PHARMACEUTICAL PATENT STRATEGIES 14.8 MEDICAL PROCEDURES Rosalind Franklin, James Watson, Francis Crick, and Maurice Wilkins – DISCOVERY OF THE MOLECULAR STRUCTURE OF DNA Stanley N. Cohen and Herbert W. Boyer – RECOMBINANT‐DNA (rDNA) 15 The Patenting of Business Methods 15.1 THE EVOLUTION OF PATENTS FOR METHODS OF DOING BUSINESS 15.2 THE STATE STREET CASE 15.3 THE BILSKI CASE 15.4 WHAT IS A BUSINESS METHOD INVENTION? 15.5 THE USPTO GUIDELINES 15.6 RECOMMENDATIONS 15.7 UNDERSTANDING A SAMPLE BUSINESS METHOD PATENT CLAIM 15.8 THE COVERED BUSINESS METHOD REVIEW Yvonne Brill – SATELLITE PROPULSION SYSTEM Luther Burbank – PLANT BREEDING 16 Foreign Patent Protection 16.1 INTRODUCTION 16.2 THE TRADITIONAL SYSTEM OF OBTAINING FOREIGN PATENTS 16.3 THE PATENT COOPERATION TREATY (PCT) 16.4 NATIONAL PATENT LAWS AND THE PCT: DIFFERENCES AND ALTERATIONS 16.5 THE EPC 16.6 THE EUROPEAN UNITARY PATENT AND UNIFIED PATENT COURT 16.7 PRIVILEGED COMMUNICATIONS BETWEEN A U.S. PATENT ATTORNEY AND A FOREIGN NON‐ATTORNEY PATENT AGENT Wilbur and Orville Wright – CONTROLLED POWERED FLIGHT 17 Enforcement of the Patent Right 17.1 THE PATENT CLEARANCE PROCESS 17.2 THE ATTEMPT TO DESIGN AROUND THE CLAIMS OF A PATENT: MOST INFRINGERS DO NOT SLAVISHLY COPY THE PATENTED INVENTION 17.3 LITERAL INFRINGEMENT OF A PATENT CLAIM 17.4 THE “DOCTRINE OF EQUIVALENTS” WHERE THE CLAIM IS NOT LITERALLY INFRINGED 17.5 DEFENSES TO A CHARGE OF INFRINGEMENT 17.6 PENALTIES AND DAMAGES FOR PATENT INFRINGEMENT 17.7 MARKING THE PATENTED PRODUCT WITH THE PATENT NUMBER Robert Goddard – ROCKET PROPULSION AND CONTROL C. Donald Bateman – GROUND PROXIMITY WARNING SYSTEM 18 The America Invents Act of 2011 18.1 FIRST TO FILE AND THE DEFINITION OF “PRIOR ART” 18.2 THE NARROWED GRACE PERIOD 18.3 DISCLOSING THE BEST MODE OF THE INVENTION 18.4 PRIOR USER DEFENSE IN ENFORCEMENT PROCEEDINGS 18.5 PATENT MARKING 18.6 FILING A PATENT APPLICATION IN THE NAME OF THE ASSIGNEE 18.7 PRIORITY EXAMINATION FOR IMPORTANT TECHNOLOGIES 18.8 THIRD‐PARTY CHALLENGES TO PATENT RIGHTS 18.9 INTER‐PARTES REVIEW OF AN ISSUED PATENT 18.10 SUPPLEMENTAL EXAMINATION Charles Kettering – AUTOMOTIVE SELF‐STARTER Calvin Souther Fuller, Gerald Pearson and Daryl Chapin – EFFICIENT SOLAR CELLS 19 Ownership and Transfer of Patent Rights 19.1 INVENTORSHIP, OWNERSHIP, AND ASSIGNMENT OF PATENT RIGHTS 19.2 PATENT LICENSING 19.3 CONCLUSIONS Philo Farnsworth – THE INVENTION OF TELEVISION Robert Adler – ULTRASOUND TELEVISION REMOTE CONTROL 20 How to Read and Obtain Information from a Modern U.S. Patent 20.1 THE INFORMATION PAGE 20.2 THE DRAWINGS 20.3 THE SPECIFICATION 20.4 CLAIMS 20.5 CAVEAT

      9  SECTION III: Employment Contracts, Ethics and the Engineer or Scientist as an Expert Witness Willis Haviland Carrier – AIR‐CONDITIONING Ivan A. Getting, Roger L. Easton, Sr. and Bradford Parkinson – GLOBAL POSITIONING SYSTEM (GPS) 21 Employment Contracts and Non‐Compete Restrictions 21.1 EMPLOYMENT CONTRACT PROVISIONS RELATING TO INTELLECTUAL PROPERTY 21.2 OWNERSHIP OF INTELLECTUAL PROPERTY 21.3 CONFIDENTIALITY AGREEMENTS OR NONDISCLOSURE AGREEMENTS 21.4 OUTSIDE INFORMATION RECEIVED BY THE EMPLOYEE OR EMPLOYER 21.5 NON‐COMPETE PROVISIONS 21.6 ENFORCEABILITY OF A NON‐COMPETE AGREEMENT 21.7

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