Patent Law

Constitution

U.S. Constitution, Article I, Section 8 (Cornell)

The constitutional basis for U.S. patent laws.

Statutes

U.S. Code, Title 35 (Cornell)

Statutes that codify the U.S. patent system.

Patent Reform Act of 2007

Two bills (H.R. 1908 and S. 1145) have recently been introduced in Congress to improve patent quality, reduce patent litigation costs, and further international harmonization of patent laws. One major provision would grant patent protection for an invention to the first filer of an application rather than to the first inventor.

Patent Reform in the 110th Congress: Innovation Issues (Anticipate This!™ Patent and Trademark Blog)

This archived Congressional Research Service report summarizes pending patent reform proposals and discusses the issue from an unbiased perspective. [PDF file requires Adobe Reader.]

Patent Reform: The Future of American Innovation (U.S. Senate — Committee on the Judiciary)

This congressional hearing presents testimony in favor of and in opposition to the proposed legislation.

Hearing on H.R. 1908, The Patent Reform Act of 2007 (U.S. House – Committee on the Judiciary)

This congressional hearing presents testimony in favor of and in opposition to the proposed legislation.

Patent Reform: Issues in the Biomedical and Software Industries (Federation of American Scientists)

This archived Congressional Research Service report explores the relationships between patents and innovation and looks at the role
of intellectual property in the biomedical and software industries, two sectors where U.S. investment in research and development (R&D) has led to market leadership, a strong export position, and contributed to the Nation’s economic growth. [PDF file requires Adobe Reader.]

Patent Issues and Small Business (LexisNexis Congressional)

This congressional hearing presents testimony on ways that the patent system can be improved to enable small companies to compete in a global economy. This includes harmonizing U.S. patent laws with those of other industrialized countries and strengthening patent quality. Witness also discuss potential changes to the litigation system, which many suggest has become a deterrent to innovation and technological progress.

Administrative Regulations and Rulings

Code of Federal Regulations, Title 37, Chapter 1 (USPTO)

Current regulations governing the Patent and Trademark Office. You can search CFR Title 37 through GPO Access.

Board of Patent Appeals and Interferences (USPTO)

The Board of Patent Appeals and Interferences reviews adverse decisions of examiners when a dissatisfied patent applicants make written appeals (ex parte appeals), and determines priority (i.e., decides who was the first inventor) when an applicant claims the same patentable invention as another applicant or patentee (interference). This page includes a brief description of the  Board and links to precedent-setting opinions of the Board.

Judicial Opinions

Archive of Opinions of the U.S. Supreme Court: Patents (Cornell)

Full text of Supreme Court cases with the word patent in the syllabus.

Supreme Court Collection (Cornell)

Search for recent or historical cases on patents. Search can be full-text or restricted to syllabi.

Treaties and International Agreements

Treaties in the Field of Industrial Property (WIPO)

Full text of Paris Convention, Patent Cooperation Treaty, and other international agreements.

General Agreement on Tariffs and Trade (University of British Columbia)

Full text of the treaty in a searchable database.

A Guide to GATT is available from CIESIN. 

Patent Cooperation Treaty (WIPO)

The Patent Cooperation Treaty simplifies and reduces the cost of obtaining international patent protection and facilitates public access to a wealth of technical information relating to inventions. By filing one international patent application under the PCT you can simultaneously seek protection for an invention in each of a large number of countries (now more than one hundred) throughout the world.

Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO)

The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994. Part II, Section 5 deals with patents.