Categories: Intellectual Property
Instructor(s) Casimir, David
This is an introductory course. The material will be relevant for students who plan to practice business law (particularly in any technology related area) or general litigation, as well as for those who intend to practice IP law. We will cover the statutory and case law related to procurement of valid patents (patentable subject matter, utility, novelty, nonobviousness, and doctrines related to section 112 of the patent code), enforcement of patents, and sale and transfer of patents and patent rights. Trade secret law will also be introduced. This course primarily covers substantive law, with only a minor focus on procedural issues. This is not a course in patent prosecution. Comparative law issues will be raised throughout the course; however, U.S. doctrine and cases will be the focus.
Upon completion of this course, students should be able to:
-Understand and apply the core statutory language defining U.S. Patent law;
-Understand and apply major Supreme Court and appellate court decisions interpreting U.S. Patent Law;
-Understand and apply the patent statutory, administrative, and case law controlling the processes of procuring a patent, litigating a patent, and conducting business transactions with patent assets;
-Understand the impact of burden of proof and evidence in assessing patent disputes; and
-Recognize contemporary areas of ambiguity in the existing patent law with an ability to assess hypothetic fact patterns against such ambiguity.