ABSTRACT

Patent Law: A Handbook for Congress [September 16, 2020]   [open pdf - 2MB]

From the Document: "As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner's exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. [...] The report then explains how the rights granted by a patent are enforced, including issues relating to patent infringement (such as direct infringement, infringement under the doctrine of equivalents, induced infringement, and contributory infringement). Also addressed are issues relating to litigation in federal district court and before the International Trade Commission (ITC), including the specialized dispute procedures governed by the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act) and the Biologics Price Competition and Innovation Act of 2009 (BPCIA). Finally, the report explains how a patent owner may lose their patent. This includes discussions of ex parte reexamination, post-grant review, inter partes review, and covered business method review."

Report Number:
CRS Report for Congress, R46525
Author:
Publisher:
Date:
2020-09-16
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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