Terms in this set (11)
Alexander Milburn Co. v. Davis-Bournonville Co.
Only the first inventor is entitled to patent protection, regardless of whether that first inventor claimed his invention in a patent.
Hotchkiss v. Greenwood
An invention that only uses a different type of material is not patentable.
*Today, it might be.
United States v. Adams
In determining if an invention is nonobvious, a relevant factor is whether, in creating the invention, the inventor ignored commonly accepted principles that naturally would have deterred an inventor from searching for new inventions.
factors you can look to in determining whether an invention is obvious
List of all drugs approved for marketing in the US published by the FDA and their expiration. So that people can figure out when to market. *If patents are incorrectly listed in the Orange Book, there is no right to sue for declaratory judgment seeking delisting.
Art. I, § 8, cl. 8
Limited time for holder to enjoy exclusivity. In US favors inventor & incentivizes; in other countries favors employer.
Metes & bounds
Gives you exclusive right to determine patent
Fight rejection based on overlap by giving up term on later patent.
Limitation on damages. Amsted v. Buckeye: Marking requirement of § 287: Must mark patented products "licensed under U.S. [patent #]" for policy purpose of notifying public of patent status of item in commerce.
AAIPharma Inc. v. Thompson
If a patent is not listed in the Orange Book, ANDA applicants do not have to file a ¶ IV certification, and patent holder is unable to take advantage of the 30-month stay.
(§ 121): Carved out of an earlier application that disclosed and claimed more than 1 independent invention. If 2+ independent & distinct inventions are claimed in one application, Director may require application to be restricted to 1 of the inventions. If the other is made the subject of a divisional app. which complies with the requirements of § 120, it is entitled to the filing date of the original application. -- Often a 1st app. will be a continuation disclosure. Examination requirement: Patent examiner tells inventor # of inventions/claims in patent - can proceed on 1 claim and file divisional for other claims (ex: divisional = method for making)
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