Chris P. Miller, Mark J. Evans

The Chemist's Companion Guide to Patent Law (eBook, PDF)

• Format: PDF

Produktbeschreibung

Written by an individual with experience as both a chemist and a patent attorney, The Chemist's Companion Guide to Patent Law covers everything the student or working chemist needs to know about patentability, explaining important concepts of patent law (such as novelty, non-obviousness, and freedom-to-operate) in easy-to-understand terms. Through abundant examples from case law as well as real-world situations with which a researcher might be faced, this book provides readers with a better understanding of how to put that knowledge into practice.

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Produktdetails

• Verlag: John Wiley & Sons
• Seitenzahl: 344
• Erscheinungstermin: 21. Juni 2010
• Englisch
• ISBN-13: 9780470636893
• Artikelnr.: 37298240

Autorenporträt

CHRIS P. MILLER obtained his PhD in organic chemistry from the University of Pittsburgh and is a magna cum laude graduate of the Temple University Beasley School of Law. Dr. Miller has over a decade of research experience as a medicinal chemist in the pharmaceutical industry and has worked as an associate at a law firm as well as served as in-house patent counsel in big pharma and the biotech industry. Dr. Miller is licensed to practice law before the state bar of Pennsylvania and the United States Patent and Trademark Office. He currently is practicing both medicinal chemistry and patent law in the Boston area. MARK J. EVANS obtained his PhD from Northwestern University and his MBA from Penn State University; has fifteen years of pharmaceutical industry experience in the development of both small molecule and protein therapeutics at Wyeth Pharmaceuticals and Alexion Pharmaceuticals; and currently works in regulatory affairs in the Philadelphia area.

Inhaltsangabe

Disclaimer. Preface. 1. Patent Basics. 1.1 Introduction. 1.2 Patents as
Property. 1.3 Patent Rights Are Rights to Exclude. 1.4 Patents Do Not
Convey Freedom to Operate the Invention. 1.5 Contrasting Freedom to Operate
with Patentability. 1.6 Assignment and Recording of Patents. 1.7 Why Have
Patents? 2. The Patent Process. 2.1 An Overview of the Patent Process in
the United States. 2.2 Post Grant Procedures at the USPTO. 2.2.a Patent
Maintenance Fees. 2.2.b Reissue Applications and Patents. 2.2.c Ex Parte
Procedures. 2.2.d Inter Partes Procedures. 2.3 Inequitable Conduct in
Patent Prosecution. 3. Prior Art and the Chemical Invention. 3.1 What is
Prior Art? 3.2 Prior Art That Can Be Antedated. 3.3 Prior Art That Is an
Absolute Bar. 3.4 Section 102 References in Support of Obviousness
Rejections. 3.5 Double Patenting. 3.6 Obviousness-Type Double Patenting.
3.7 Prior Art Hypothetical Example 1. 3.8 Hypothetical Example 2. 4.
Inventorship. 4.1 Inventorship and Ownership of U.S. Patents. 4.2 Patent
Validity and Correct Listing of Inventorship. 4.3 Determining Inventorship.
5. Patent Claims. 5.1 Introduction to Claim Language and Structure. 5.2
Independent and Dependent Claim Types. 5.3 Claim Structure. 5.4 Transition
Phrases. 5.5 Markush Claiming in Chemical Patents. 5.6 Claim Construction.
6. Basic Requirements of Patentability: Utility. 6.1 The Six Requirements
of Patentability. 6.2 Statutory Subject Matter of the Utility Requirement.
6.3 What Makes a Chemical Invention Useful? 7. Basic Requirements of
Patentability: Novelty. 7.1 Requirements of the Prior Art to Defeat
Novelty. 7.2 Anticipation in Chemical Patents. 7.3 Anticipation of a
Claimed Genus by a Species Falling Within that Genus. 7.4 Anticipation of a
Species Claim by a Prior Art Genus. 7.5 Anticipation of a Range by a Prior
Art Species Falling Within that Range. 7.6 Inherent Anticipation. 8. Basic
Requirements of Patentability: Nonobviousness. 8.1 The Basis for the
Nonobviousness Requirement. 8.2 Understanding §103(a). 8.3 Graham Factors
Analysis of Obviousness. 8.4 Focusing the Obviousness Inquiry: Prima Facie
Obviousness and the Chemical Invention. 8.5 Application of the TSM Test to
the Chemical Arts. 8.6 Prior Art as a Whole Must Be Considered for TSM
Tests. 8.7 Obviousness and Unpredictability in the Art. 8.8 Unexpected
Results as Secondary Indices of Nonobviousness. 8.8.a Unexpected Results
Must Be Taught by, or Flow from the Patent Application. 8.8.b Unexpected or
Superior Results Can Be Demonstrated Through a Single Property. 8.8.c
Unexpected Results: Different in Degree or Different in Kind? 8.8.d The
Claimed Invention Must Be Tested Against the Closest Prior Art. 8.9 Prima
Facie Obviousness Based Primarily on Similarity of Chemical Structure.
8.9.a Isomers and Homologues. 8.9.b Enantiomers. 8.10 Obviousness of a
Species or Genus in Light of a Prior Art Genus. 8.11 Obviousness of Ranges.
8.12 Changing the Sequence of Ingredient Addition. 8.13 Obviousness of
Combining Equivalents Together for Same Known Purpose. 8.14 Substituting
Equivalents Known for the Same Purpose. 8.15 Purified Forms of Compounds or
Materials. 9. Basic Requirements of Patentability: Written Description,
Enablement, and Best Mode. 9.1 The Written Description Requirement. 9.2
Enablement. 9.3 Best Mode. Afterword and Sources. Acknowledgments. Cases
Cited. Index.

Rezensionen

"This well-priced, up-to-date publication is attractively printed and produced by the publisher. . . .This book is especially recommended for chemists and other members of drug discovery teams, for graduate students, postdocs, for faculty members who have interests in drug discovery, for others who would like a one-volume review of U.S. patent law, and for the libraries that serve these groups." (J Med Chem, 2010)

"The title is accurate; it's a top-to-bottom look at the major features of patent law as it applies to the business of chemistry....... There's a lot of good stuff in this book. It's not always light reading, but it's the most readable treatment of some very complex patent issues that I've seen." (In the Pipeline, September 13, 2010)