Patent

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. This is FindLaw’s collection of Patent articles, part of the Intellectual Property section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Intellectual Property

Patent Articles

Federal Circuit Leaves Open The Question Of Which Materiality Standard Should Apply In Inequitable Conduct Determinations

The defense of unenforceability based upon a patentee's inequitable conduct, when applicable, can be a powerful one for an accused infringer. Typically, the defense is based upon the patentee's non-disclosure of important information to the U.S ...
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Federal Circuit Makes Significant Decision on Patentability of Mathematical Algorithms

The Federal Circuit recently issued an en banc decision which will significantly impact the patentability of mathematical algorithms and computer software. In re Alappat, 31 USPQ2d 1545 (Fed. Cir. 1994). The Alappat decision addresses two issues: 1 ...
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Federal Circuit’s En Banc Cybor Decision

On March 25, 1998, in an extraordinary ruling, an en banc decision by the Federal Circuit was issued. Cybor Corp. v. Fas Technologies, Appeal No. 98-1286,-1287. While only a standard three-judge panel heard argument, sua sponte the full court ...
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Federal Trade Commission Brief on Patents and Invention Promotion Firms

July 1997 What's Your Patent Ability?Many invention promotion firms promise more than they can deliver. Try this True-False quiz to measure your patent-ability: 1.The fact that an idea is "patentable" has nothing to do with whether the idea has any ...
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Festo Revisited

In a continuing drama concerning the rights of inventors to protect their creations by employing the doctrine of equivalents, the Federal Circuit applied the flexible standard mandated by the U. S. Supreme Court last year. Festo Corp. v. Shoketsu ...
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First In Class: A Conversation with Joe Liebeschuetz, Ph.D. on the Affymetrix GeneChip Array Patent

: Patent number 5,445,934 for the GeneChipÂ® array is titled Array of oligonucleotides on a solid substrate. What are the practical applications for the GeneChipÂ® array? Companies and universities use the GeneChipÂ® array in the laboratory for ...
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Five Rules for Winning Patent Cases

Patent litigation is not for the faint of heart as it carries tremendous risk and reward. Typically, patent litigants are "betting the company." The stakes are high: one case awarded almost $1 billion in damages. The successful patent-owner almost ...
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Free and Open Source Software: Findlaw Interview with Philip Albert of Townsend and Townsend and Crew LLP

L: What is Free and Open Source Software? Generally, the name describes software that is licensed with fewer restrictions than proprietary licensing models, such as "per copy," "per use" object code only licenses. The term "free software" often ...
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FTC Brushes Off Bristol’s Attempt to Scrub Generic Competition

On March 7, the FTC announced its settlement of claims against Bristol Myers Squibb ("Bristol") for employing patent listings in the FDA's "Orange Book" to delay the entry of generic competitors for three of Bristol's brand name pharmaceutical ...
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GATT Significantly Alters U.S. Patent Laws

Any patent issued on an application filed on or after June 8, 1995 will have a term which begins on the date the patent issues and ends 20 years from the earliest U.S. filing date claimed by the patent. Therefore, any patent issuing on a ...
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