Note: This is the webpage for a class from the past that has ended. Information about current classes is available here.
Final exam: The final exam has been posted here. Graded exams are available for pickup in the Registrar’s office.
Class schedule for the last two weeks: We will hold a makeup class on Tuesday, November 30 at 11:45 a.m. in room 103. We will not hold class on Monday, December 5. Our final class, on Wednesday, December 7, will be a review session — I will review the course as a whole and will answer questions. If you have questions you would like me to cover, please email me.
Class canceled: Class is canceled on Wednesday, November 9. On Monday, November 14, Prof. Cavicchi will present his class on patent research; there is no reading assignment for that class. We will wrap up infringement on Wednesday, November 16.
Graded midterms: Graded midterms will be available in the Registrar’s office on Tuesday, November 8.
Obviousness exercise: I have posted the instructions for the obviousness claim-chart exercise here, and the Word template for the claim chart here. The exercise is due on Monday, November 7 at 11:59 pm.
Midterm exam: The take-home midterm will be distributed on Monday, October 17 at 9:00 am, and due on Monday, October 24 at 9:00 am. It will be a short exam, with strict word and time limits; I’ve given you a week to complete the exam to provide flexibility. I have posted previous midterms exams here and here. Update: This term’s midterm exam is now available here.
Patent law is the primary means by which the government promotes investment in, and the development of, new technologies and inventions. Patent law is increasingly critical to a variety of industries and scientific fields, from healthcare to finance to semiconductors and information technology. At the same time, patent law is increasingly under attack from critics who assert that it acts as a tax on innovation. This course will survey the basic doctrines of patent law, including both the requirements to obtain a patent and the subsequent enforcement of patent rights. The course will also consider the normative cases for and against patent rights and the challenges to the patent system posed by technological change. No scientific or technical background is needed.
» Class meetings and office hours
We will meet on Mondays and
Wednesdays from 1:00 to 2:30 p.m. in room
103 229. On a few occasions, I
will need to cancel class because of a conflict; we will make up those
sessions at times announced in class and posted on this site.
Outside of class, I don’t have set office hours, but you are always welcome to stop by my office (room 281) and chat or just grab some candy. I will be in the office most days (afternoons are more likely than mornings). To set up a specific time to talk, please email me at email@example.com.
The casebook is Merges & Duffy, Patent Law and Policy: Cases and Materials (6th ed. 2013). I apologize for the cost; I use a name-your-own-price downloadable PDF casebook in Fundamentals of Intellectual Property, but there is not yet a similar book available for patent law. List price for the book is $198; there are also loose-leaf ($159) and electronic ($120) versions if those are more your speed. On Amazon, the book costs about $186 (new) or $146 (used). Note that because patent law is a quickly moving field, and because Congress enacted the America Invents Act (AIA) in 2011, which made substantial changes to patent law, an earlier version of the casebook will not work.
There are also four downloadable supplements we will use for portions of the class:
The three new chapters are advance chapters from the forthcoming seventh edition of the casebook, and we will use them in place of the corresponding chapters in the bound book.
Besides the casebook, you will also need a copy of the statute. Any up-to-date copy that includes both the pre- and post-AIA Patent Act is fine. One good (and free!) source is this supplement (pdf) put together by the Center for the Study of the Public Domain at Duke University. If you’d like a paper copy, Amazon sells one for about $12.
In addition to the casebook and the statutes, I will post occasional readings and assignments on this site. I will not be using TWEN or Blackboard.
Finally, if you’re interested in a supplement (though one is by no means required for the class), my students have had good things to say about Amy Landers, Understanding Patent Law (2d ed. 2012). It’s about $49 (new) or $39 (used) on Amazon; the Kindle edition is about $32.
» Attendance, participation, and evaluation
Regular attendance is required, and under the standard ABA rules, you may be barred from taking the examination and receiving credit for the course if you miss more than 20% of class sessions. Attendance will be taken by sign-in sheet, and signing in for someone else is, as always, academic misconduct. An occasional absence is fine, but please let me know the night before class so I can avoid calling on you.
I expect you to come to class prepared, having read and considered the assigned materials. I may call on students to ensure broad participation; you are also welcome—nay, encouraged—to volunteer responses, questions, and comments. It is acceptable to be occasionally unprepared for class, but as with absences, you must email me the night before class to let me know.
Your course grade will be based on three components: a short take-home midterm exam (20%); a take-home final exam (60%); and class participation, discussion, and occasional short exercises (20%). The midterm exam will occur in early October and will cover everything through nonobviousness. The final exam will be comprehensive. For the participation component, everyone will start with full credit; I will subtract points if you are unprepared or absent, and add them for especially helpful or insightful participation.
In 2013, the faculty approved a list of competencies that are important to the practice of law. For a list of those competencies, indicating which will be covered in this class, click here.
» Schedule and reading assignments
Last updated November 28, 2016.
The following list of reading assignments is tentative and subject to change over the course of the semester. We will cover approximately one assignment per day.
“M&D” refers to the Merges & Duffy casebook; “M&D update” refers to the online update to the casebook; and “M&D new ch. x” refers to downloadable new chapter x. When a section of the statute is assigned, please read both the pre- and post-AIA versions unless otherwise indicated.