Insights into Patent Law and Policy Evolution
Delve into the world of patent law and policy with a focus on landmark cases, gene patents, BRCA-1, cDNA, historical perspectives, and key legal concepts like the First-to-File system and the notion of obviousness in patent applications. Explore pivotal cases such as Parke-Davis v. Mulford, Myriad decision, and Graham v. John Deere, shedding light on the evolution of patent law and commercial implications of legal decisions.
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Presentation Transcript
Carolina Academic Press Sample PowerPoint Slides Merges and Duffy, Patent Law and Policy, 7thed. (2017)
Myriad: decided June 13, 2013 133 S.Ct. 2107 (2013) The gene The patent The controversy
Parke-Davis v Mulford 189 F. 95 (CC SDNY 1911) Opinion by Judge Learned Hand
Hand s decision While it is of course possible logically to call this a purification of the principle, it became for every practical purpose a new thing commercially and therapeutically. -- 189 F. 95, 103
The Incandescent Lamp Patent Incandescing conductor Bamboo discovered as an incandescing conductor.
First-to-File System: Prior Art Question: What statutory language establishes the first-to-file rule? Answer: Section 102(a)(2). Note that (a)(2) provides the fundamental rule that, between first filer A and second filer B, B cannot get a patent because A s earlier effective filing date makes the application prior art to B.
Graham v. John Deere Is it obvious to move the hinge plate from position A above the shank to position B below the shank? B A
