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A Patent System for the 21st Century
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SEVEN RECOMMENDATIONS FOR A 21ST-CENTURY PATENT SYSTEM
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Preserve a Flexible, Unitary, Open-Ended Patent System,
83
Reinvigorate the Non-Obviousness Standard,
87
Non-Obviousness and Business Method Inventions,
87
Non-Obviousness and Gene Sequence-Related Inventions,
91
Institute a Post-Grant Open Review Procedure,
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Process,
97
Issues and Outcomes,
101
Strengthen USPTO Capabilities,
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Personnel,
104
Electronic Processing,
105
Analytical Capability,
105
Financial Resources,
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Shield Some Research Uses of Patented Inventions from Infringement Liability,
108
Limit the Subjective Elements of Patent Litigation,
117
Willful Infringement and Enhanced Damages,
118
Best Mode Defense,
120
Inequitable Conduct Defense,
121
Harmonize the U.S., European, and Japanese Patent Examination Systems,
123
First-to-Invent Versus First-to-File Priority,
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Grace Period,
127
Best Mode Requirement,
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Prior Art,
127
Application Publication,
128
Other Issues,
128
REFERENCES
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ACRONYMS
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LAW CASES CITED
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APPENDIXES
A
A PATENT PRIMER, Stephen A. Merrill and George C. Elliott
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B
CONTRIBUTORS
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C
COMMITTEE AND STAFF BIOGRAPHIES
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