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08/07/17
Patents. Intellectual “Property” and Precise Wording
Filed under: Recent Posts, Mature professionals, Legal matters, Alternate Career Paths
Posted by: site admin @ 8:01 am

Jennings Taylor and Maria Inman apply a ‘technologist
lens’ to patent law that is useful for learning about
patenting.

.
Two articles offer
1-  What intellectual property entails and the concepts
involved in patent examination
.
They frame what intellectual property is by a clearly
logical figure comparing physical property ownership
PROPERTY                    PATENT
Owner <—————->  Inventor/Assignee
Sell/Purchase <——–>  Sell/Acquire
Charge/Rent<———->  Charge License Fee
Pay Taxes <————>  Pay Maintenance Fees
Repossessed  <——–>  Abandoned
Trespass  <————->  Infringe
Mortgage  <————>  Loan/ Financing
Deed  <——->  Claims descriptions and specifications
Survey/ title search  <-> Examination/ prior art search
.
The article describes a patent application examination that
involves a prior art search of knowledge and expertise in
the public domain and compares the claims of the
application to determine if there is overlap.
.
 2- Using the English system model, the second article 
offers the right of a patent (and property owner) and 
motivation of the patenting process, which is to promote
progress.  [p. 45-46 in hard copy journal]
.
The third article coming out in the fall addresses how to 
overcome legal aspects of rejection.  [A comment will
be inserted when it comes out in press.]
.
These article will be included in future course sections
on Patents and should be included in ACS Pflags
literature.

One Response to “Patents. Intellectual “Property” and Precise Wording”

  1. site admin Says:


    E. J. Taylor and M. Inman, Interface Fall, 2017 p. 39
     ”Looking at Patent Law: Patentable Inventions, Conditions
    for receiving a Patent, and Claims.” Third article in a series.
    .
    This is a clearly written description of the situations that
    may invalidate a patent application. While every patent is
    defined by its claims
    that are comprised of a preamble,
    .                                     transition phrase and
    .                                     body,
    subject area, prior art and case law uses to overcome
    obviousness to one skilled in the art are nicely provided.
     - demonstration of commercial success
     - solution to a need
     - failure by others
     - unexpected results

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