CHAPTER 1 Outline

• Jurisdiction: United States

CHAPTER 1

Basic Principles

§1.01 Patents in Context

[A] Introduction

[B] Patents as Strategic Business Assets

[C] Patents and Global Trade

[D] Patents and the Public Interest

[E] Patents as a Form of Intellectual Property Protection

[1] The Appropriability Problem of Public Goods

[2] Intellectual Property Rights as an Incentive Mechanism

[3] Intellectual Property Rights as an Exception to the General Rule of Competition by Imitation

§1.02 The Right to Exclude Conveyed by a Patent

[A] Negative, Not Positive, Right

[B] Blocking Patents

§1.03 Policy Justifications for Patent Protection

[A] Natural Rights

[B] Reward for Services Rendered

[C] Monopoly Profits Incentive

[D] Exchange for Secrets

§1.04 Economics of the Patent System

[A] Patent Ownership Versus Monopoly Power

[B] Cost/Benefit Analysis

[1] Costs

[2] Benefits

§1.05 The Term of a Patent

[A] Length of Term

[B] Patent Term Adjustment

§1.06 Sources of U.S. Patent Law

[A] The Constitution

[B] Federal Statutes and Regulations

[C] Case Law

§1.07 Government Entities in the Patent System

[A] The U.S. Patent and Trademark Office

[B] U.S. Federal Courts

[1] U.S. District Courts

[a] Eastern District of Virginia

[2] U.S. Court of Appeals for the

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