Patent Law 101 (On-Demand)

Course Description

Patent Law 101 is for an audience who is new to intellectual property (IP) law and wants to understand the basics of patent law. The presentation will provide an overview of IP rights generally and how patents fit into the overall IP framework. The presentation will review the basis for patent law in the U.S. Constitution and will explain what can be patented, how patents are obtained from the U.S. Patent and Trademark Office (USPTO), and when to choose patent protection over trade secret protection. The presentation will provide an overview of patent infringement, defenses to patent infringement, and freedom to operate opinions. Lastly, the presentation will cover monetizing patents.

Principles

• Why Patents
• Source of patent law: U.S. Constitution, the U.S. Patent Act, case law
• What can be patented
• How patents are obtained
• Monetizing IP and litigation funding
• Patent infringement
• Defenses against patent infringement:
• Forums: district courts, the USPTO, the International Trade Commission (ITC)

Syllabus

Why Patents, What Can Be Protected, and How

1. Why patents:
   • An overview of IP rights
   • How patents fit into a comprehensive IP portfolio
   • Choosing patent or trade secret protection
2. Source of patent law: U.S. Constitution, the U.S. Patent Act, case law
3. What can be patented:
   • Patent eligibility
   • Novelty
   • Non-obviousness
4. How patents are obtained:
   • Preparing a patent application
   • Examination at the USPTO

Enforcing Patent Rights & Defending Against Enforcement Actions

1. Monetizing IP and litigation funding
2. Patent infringement:
   • Direct, induced, and contributary
   • Literal and the doctrine of equivalents
3. Defenses against patent infringement:
   • Non-infringement
   • Invalidity
   • Unenforceability
4. Forums: district courts, the USPTO, the International Trade Commission (ITC)