課程大綱
Course
Title
(中文) 美國專利法
(英文) US Patent Law
Course
Objectives
Course
Description
Weekly
Course
Schedule
This course aims at helping students fully understand the US Patent
Law which is the foundations of patent practice and patent
management.
This Course covers the following topics:
1. Introduction to the U.S. Patent System
2. Eligible Subject Matter
3. The Patentable Requirements
4. Disclosure Requirements
5. Patent Claims
6. Patent Infringement
7. Defenses to Patent Infringement
8. Remedies for Patent Infringement
The Weekly Course Schedule from Weeks 1 to 18 is as the follows:
Week 1: Introduction to the US Patent Law
Week 2: Eligible Subject Matter
Case: Alice v. CLS Bank
Week 3: The Utility Requirement
Case: Brenner v. Manson
Week 4: General Principles of Anticipation
Week 5: Novelty and Priority
Week 6: The Non-obviousness Requirement
Case: Graham v. John Deere
Case: KSR v. Teleflex
Week 7: Disclosure Requirements
Week 8: Patent Claims
Week 9: Patent Claim Construction
Case: Markman v. Westview Instruments
Case: Phillips v. AWH Corp.
Week 10: Literal Infringement and Infringement under DOE
Week 11: Prosecution History Estoppel
Case: Festo v. Shoketsu Kinzoku Kogyo Kabushiki
Case: Warner-Jenkinson v. Hilton Davis Chem.
Week 12: Dedication to the Public and Practicing the Prior Art
Case: Johnson & Johnston Assocs, v. R.E. Serv. Co.
Week 13: Vitiation of Claim Limitations
Week 14: Non-infringement Defense to Patent Litigation
Instructional
Method
Week 15: Invalidity Defense, Unenforceability Defense, and
Antitrust Counterclaims to Patent Litigation
Week 16: Injunctive Relief
Case: eBay Inc. v. MercExchange
Week 17: Monetary Damages
Case: Apple v. Samsung
Week 18: Final Exam
The Instructional Methods of this course include: teacher’s lectures
and students’ reading and discussing of important cases.
This course would anticipate students to recognize the legal,
technological, industrial and economic approaches of the US Patent
Requirements
Law.
Class Participation 20%
Evaluation
Case Study and Homework 40%
Final Exam 40%
Textbooks & MARTIN J. ADELMAN, RANDALL R. RADER & GORDON P. KLANCNIK,
PATENT LAW (Second Edition, 2013).
Suggested
JANICE M. MUELLER, PATENT LAW (Fourth Edition, 2013).
Materials
Course
Course
Website