Rajrathnam V P, Attorney and IPR Consultant

Patent law dates back to 1474 when the Republic of Venice issued a decree by which new and inventive devices, once they had been put into practice, had to be communicated to the Republic in order to obtain legal protection against potential infringers.

England followed with the Statute of Monopolies in 1623 under King James I of England. Prior to this time, the crown would issue letters patent providing any person with a "monopoly" to produce particular goods or provide particular services. The first of them was granted by Henry VI in 1449 to a Flemish man a 20 year monopoly on the manufacture of stained glass.

In the seventeenth century America, a few inventors were able to obtain monopolies (patents) to produce and sell their inventions. These monopolies were granted by petition to a given colony’s legislature.

The Patent Commission of the U.S. was created in 1790.

A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter which is new, inventive, and useful or industrially applicable.

The exclusive right granted a patentee is the right to prevent others from making, using, selling, offering to sell or importing the claimed invention.

Patents are issued for four types of inventions such as devices, products, materials, and methods. An invention must be unique and useful for it to be patented.

Patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public.

In order to obtain a patent, an applicant must provide a written description of his or her invention in sufficient detail for a person skilled in the art to make and use the invention. This written description is provided in what is known as the patent specification, which often is accompanied by figures that show how the invention is made and how it operates. In addition, at the end of the specification, the applicant must provide the patent office with one or more claims that distinctly point out what the applicant regards as his or her invention. A claim, unlike the body of the specification, is not a detailed description of the invention, but a succinct series of words designed to provide the public with notice of precisely what the patent owner has a right to exclude others from making, using, or selling. Claims are often analogized to a deed or other instrument that, in the context of real property, sets the metes and bounds of an owner's right to exclude. It is the claims that define what a patent covers or does not cover. A single patent may contain numerous claims, each of which is regarded as a distinct invention.

The grant of patent gives an inventor the right to exclude others from exploiting or   making capital out of the invention for a limited period of time.

The philosophy behind the patent system is to encourage inventions by promoting their protection and helping the inventor capitalize.

Patents are enforced through civil lawsuits. Typically, the patent owner will seek monetary compensation for past infringement, and will seek an injunction prohibiting the defendant from engaging in future acts of infringement.

An important limitation on the ability of a patent owner to successfully assert his or her patent in civil litigation is the accused infringer's right to challenge the validity of that patent. Civil courts hearing patent cases can and often do declare patents invalid.
The grounds on which a patent can be found invalid are set out in the relevent patent legislation and vary between countries. Often, the grounds are a sub-set of the requirements for patentability in the relevant country.

The vast majority of patent rights, however, are not determined through litigation, but are resolved privately through patent licensing. Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.

Books On Patent Laws:

Intellectual Property Rights

Patents And the Federal Circuit (Hardcover) 7th edition (September 30, 2005) by Robert L. Harmon
The most complete commentary available on the state of patent law.
In your office and in the courtroom—you can find analysis of every patent law decision of the U.S. Court of Appeals for the Federal Circuit in this single-volume treatise. The latest edition of Patents and the Federal Circuit contains the most comprehensive analysis of Federal Circuit patent cases through 2004.
This monumental reference deals with both the high profile cases and the "uncelebrated decisions" that tend to slip under the radar, and fits them all into an analytical framework that reveals their true significance. Patents and the Federal Circuit addresses ever-changing issues and developments in substantive patent law, infringement litigation, and procedure. The author distills the opinions issued by the primary source of governing law on patents, giving you convenient, one-source access to controlling case law. The material is organized in a way that is intuitively familiar to patent lawyers, so they can access the information they need quickly and easily.
The Seventh Edition of Patents and the Federal Circuit covers all Federal Circuit patent opinions reported by BNA through United States Patents Quarterly (Second), Volume 71, and any other important Federal Circuit decisions handed down through the end of the year 2004.

A Treatise On The Law Of Patents For Useful Inventions: As Enacted And Administered In The United States Of America (Hardcover) Reprint edition (September 2005) by George Ticknor Curtis

Patent It Yourself (Paperback) 11th edition (May 31, 2005)
by David Pressman
Say that you've come up with a really nifty idea for a gizmo that would improve the lives of every human being on Earth and probably turn you into a gadzillionaire, too! Before you get too far into the fantasy, you need this extremely detailed and comprehensive guide to the process of getting a patent. This is not a small book, but it contains everything you need to know, including a lot of things you probably don't KNOW you need to know. Very detailed, with examples of forms you'll need, addresses and marketing advice, this is the complete guide you'll need to navigate this complex process from square one to gadzillionaire-ness!
From Library Journal
This is a revised and considerably enlarged edition of a book published in 1979 by McGraw-Hill ( LJ 7/79). It is more thorough and provides better coverage of peripheral topics (e.g, how to keep lab notebooks, marketing and licensing inventions) than Kenneth Norris's The Inventor's Guide to Low-Cost Patenting ( LJ 7/85). Norris, however, includes more extracts from relevant regulations and the Manual of Patent Examining Procedure. The heart of both books is the process of acquiring a patent: searching for "prior art," drafting claims and applications, making drawings and responding appropriately to "office actions" of the Patent and Trademark Office. Pressman writes well and formats the material for easy reference. Recommended for public libraries. Jack Ray, Loyola/Notre Dame Lib., Baltimore
Copyright 1986 Reed Business Information, Inc.

INTERNATIONAL PATENT LAW IS OBSOLETE [DOWNLOAD: ADOBE READER] (Digital)
by Anna MANCINI
Download Description
Since it was developed mainly during the industrial revolution to protect material innovations, patent law cannot be applied to "intangible industrial inventions". Software for example is denied patentability due to its lack of materiality. Such a justification for this denial is economic nonsense, international patent law must be adapted to cover the emerging virtual world. This has not been done. Unsuited to modern innovation, international patent law has reached a period of decline. This decline is due to the fact that despite the existence of international agreements, States have now come to ignore the framework of the patent system (for software) and sometimes to adopt new international agreements (for semi-conductor chips). This book explains how we reached this situation, and how and why we should urgently modernize and rebalance the international patent system.

The Patent Guidebook (Paperback) American Bar Association (September 25, 2005)
by John Pienkos
Provides a summary of basic concepts of patent law, the patent system, how patents interrelate with other forms of inttellectual property,a nd the various purposes and uses of the patent rights.

Biotechnological Inventions: Moral Restraints And Patent Law (Hardcover) (April 30, 2005)
by Oliver Mills

Patent Law For Scientists and Engineers (Hardcover) (March 21, 2005) by Avery N. Goldstein
Patent Law for Scientists and Engineers provides researchers and students with an understanding of the aspects of patent law necessary to work with patent professionals and enhance patent coverage. The authors have structured the text so it can be easily integrated into a reader's research routine. Each chapter supports the issues discussed with fact patterns that emphasize the steps necessary to protect patent rights. The book describes actual scenarios encountered by scientists and engineers, highlighting the protection of latent patent rights that may exist within an invention or technical solution.

Electronic and Software Patents: Law and Practice, 2nd edition (December 15, 2005)
by Steven W. Lundberg (Editor), Stephen C. Durant (Editor), Ann M. Mccrackin (Editor)
This focused, practical reference will help you draft, prosecute, and manage a strong portfolio of patents in the fast-changing specialty of electronic and software patent law. It is a strategy guide designed by practitioners for practitioners to help you deal with today’s lightning-paced technological developments, changes in PTO policy, and pivotal court rulings.
In this step-by-step guide, more than 30 practitioners—handpicked for their experience with this challenging specialty—give you perspective and tactics, including:
a) guidance on tough decisions such as whether to seek patent protection at all . . . how to search for and evaluate prior art . . . how to use trade secret and copyright law in conjunction with your patent strategy . . . and how to draft your claims for broad yet distinct interpretation
b) succinct, useful lessons on preparing computer-related patent applications under Alappat, its progeny, and the PTO’s examination guidelines
c) compelling insights on drafting with the appropriate scope—and the unique, software-related aspects of the best-mode, enablement, and written-description requirements of Section 112
d) candid practice "tips and traps" for each step of the patent prosecution process
e) international survey of the statutes, regulations, and case law of more than 40 nations—plus basic global principles of patentability
plus eight representative sample patents, a timesaving practice checklist, a case table, and an exhaustive topic index.

The Complete Patent Kit (Legal Survival Guides) (Paperback) Bk&CD-Rom edition (November 19, 2005) by James Rogers
Nearly everyone is inspired by a great idea--the trick is to protect your brainchild! Filled with valuable information, this title explains what a patent is; why you might need one; what the difference is between patents and trademarks; how to draft specifications and drawings, and how to work through the patent process from writing your application to the licensing of your patent rights. However, The Complete Patent Kit does not stop there.
Going beyond just the patent process, it looks at issues concerning inventors both before and after filing a patent application, such as:
--Invention documentation
--Invention evaluation--will it sell?
--International concerns
--Ownership, licensing and assignment of your patent
--Use and maintenance of your patent
With checklists for the entire process, handy reference charts for quick answers and easy-to-use forms, this is the book for every inventor.

Patent Pending In 24 Hours (Paperback) 3rd edition (December 30, 2004)
by Richard Stim, David Pressman
Ron Docie, Sr., author of The Inventor's Bible
A great resource for inventors who want to quickly, efficiently and safely protect their precious ideas.
Andrew Bergman, inventor of
An invaluable tool in my business of designing and licensing toy concepts. Required reading for all inventors.

Patent Law Essentials : A Concise Guide - Second Edition (Hardcover) 2nd edition (September 30, 2004)
by Alan L. Durham
Business has always been driven by ingenuity and innovation. Now, more than ever, with an economy built on "knowledge work" and intangible value, developing--and protecting--intellectual property is vital for individuals and organizations alike. This book presents a brief but thorough survey of U.S. patent law, presented in the clearest possible terms for nonspecialists--including scientists, engineers, business managers, and entrepreneurs--as well as students and practitioners of patent and intellectual property law.
About the Author
ALAN L. DURHAM is Associate Professor of Law at the University of Alabama School of Law, where he teaches in the areas of intellectual property, antitrust, and torts. A native of California's Silicon Valley, he practiced law there from 1989 to 1998, primarily in the field of high-technology patent litigation.

Principles of Patent Law: Cases and Materials (University Casebook Series) (Hardcover) (July 8, 2004)
by Craig Allen Nard, Herbert F. Schwartz, Pauline Newman, Donald S. Chisum (Editor)
The authors use case studies, case notes, examples, and problems to illustrate points under consideration. Recognized authorities provide expert commentary and advice, from the viewpoint of both the attorney and the judge. Representative topics include obtaining the patent, utility, infringement, and remedies.

International Patent Law: Winning Legal Strategies for Registration, Litigation & Other Intricacies of Patent Law in All Major Markets [DOWNLOAD: ADOBE READER] (Digital) Aspatore, Inc. (July 2004)
by Aspatore Books Staff; aspatore.com
Patented inventions and processes are frequently exported across oceans and continents, but the protection they receive in their home country doesn't always translate. This title explores the intricacies of patent law in major markets around the globe. From obtaining patent rights in Germany to fighting infringement in Singapore, authors discuss the patent issues their clients face every day, and strategies for overcoming the biggest legal challenges in their country. Senior Partners and Patent Attorneys in Europe, Asia, Africa, the Americas and beyond offer legal insight on patent topics including: Registration Requirements, Enforcement, Industry-Specific Regulations, Infringement, Examination, Litigation, Negotiation, Piracy & Counterfeiting, Data Protection, Important Legislation, and many more. With a wealth of sample supporting documents and legal insight gained from firsthand experience, this book provides a comprehensive look at the future of patent law around the world.

Principles Of Patent Law (Hornbook Series) (Paperback)
by Roger E. Schechter, John R. Thomas

Intellectual Property Stories 2005 (Paperback) (November 30, 2005)
by Jane C. Ginsburg (Editor), Rochelle Cooper Dreyfuss (Editor)
Intellectual Property Stories brings famous cases and case law to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases and case law. Intellectual Property Stories is organized into six chapters, each drawing on case law in patents, copyrights, trademarks, or unfair competition, to illustrate the problems intellectual property law encounters. The works, inventions, and marks at issue in these cases and case law vary widely.

Intellectual Property Management : A Guide for Scientists, Engineers, Financiers, and Managers (Hardcover) (March 6, 2006)
by Claas Junghans, Adam Levy, Rolf Sander (Contributor), Tobias Boeckh (Contributor), Jan Dirk Heerma (Contributor), Christoph Regierer (Contributor)
This concise introduction to European patent law and global patent perspectives combines the legal and economic perspectives to adopt a unique approach that serves both inventors -- engineers and scientists -- as well as financiers and economists.
Written by experts with first-hand knowledge this book is completely up-to-date, taking into account recent additions to European patent law, especially in the field of biotechnology and genetics. While concentrating on the EU, the world perspective is nevertheless represented, including US particularities. The result is a set of guidelines allowing readers to develop a holistic patent strategy suitable for their specific needs.
For scientists, engineers, managers and financiers in the chemical industry.
This concise introduction to patent law and strategy combines legal, scientific and economic perspectives to provide a thorough foundation in the subject. The result is a set of guiding principles that allow readers to develop a holistic patent strategy aligned with their needs, and those of both fledgling and established companies.
Written by experts with up-to-date and first-hand knowledge in the field, this book takes a global view, with particular emphasis on recent modifications to European Law and the particularities of US Law.
It is recommended as first reading for scientists, managers and financiers, as well as providing patent agents and advisors with a balanced commercial perspective.

Pirates of the Digital Millennium : How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy (Hardcover) (September 20, 2004)
by John Gantz, Jack B. Rochester
Pirates of the Digital Millennium: Preface PREFACE It was a quintessential New England fall morning-crisp, sunny, cold-that day in November 2002. We were two old friends and colleagues, getting together for breakfast to catch up, talk about our work, our children, our lives. John, the researcher, was just finishing up a massive project at IDC on the economic impact of worldwide software piracy. Jack, the writer, smelled an important story in the making. We were both amazed at the extent of worldwide copyright violation, astounded at how fast Napster had grown, sad at its demise and the loss of one of the easiest to use software programs we'd ever seen, and amused at how quickly KaZaA had filled its shoes. Little did we know that the casual activity known as file-sharing, or downloading MP3s, would explode in the news six months later when the Recording Industry Association of America began issuing takedown orders on college students. And even though we knew our kids-boys in high school, college, and beyond-were downloaders, we didn t really understand how they felt about what they were doing, about what the music industry was doing, or about copyright infringement in general. Nor, when we met, did we understand the wildly complex facets of copyright law-for example, how it was rewritten 11 separate times during the 1900s, each time granting longer and longer terms of copyright. We had no idea that Mickey Mouse s copyright (1928 2023) would outlive his creator, Walt Disney (1901 1966), by 57 years. We had yet to grasp the full extent of worldwide media piracy and its impact on the global economy. Before we left the breakfast table, we were talking about working together on another book, 20 years after our first collaboration- a widely popular book called The Naked Computer- was published. Our agent and publisher shared our enthusiasm for this new book, and soon we were once again writing together. We have entered the digital millennium, where most, if not all, of our media have been (or soon will be) rendered into the strings of ones and zeroes a computer chip understands. The world is awash in media and entertainment devices, personal computers, Internet connections, and broadband transmission. We re surrounded by MP3 players, TiVo, Personal Video Recorders, CD burners, iPods, laptops, Playstations, and more. Technology has unsheathed a sword of Damocles that makes it possible for us to enjoy media-software, computer games, music, movies-in ways that were not possible 20 years ago. At the same time, it threatens the long-held right of artists and copyright owners to expect a fair return for their intellectual capital and the sweat of their brows. Yet as the media for gaming, music, movies, and computers become ever more interchangeable, so will the public s expectations that they ought to have the right to use them in all the new and different ways they choose. These two viewpoints are in serious conflict. When we began writing Pirates of the Digital Millennium , we held some cherished, all-American beliefs. We believed business is entitled to a profit. We were convinced that black marketeers in other countries are hurting the world s economy by stealing and replicating computer software and games, movies, and other forms of intellectual property. We assumed kids don t really understand copyright and that they re stealing from record companies and artists. But after a year of researching and writing, we didn t end up in quite the same intellectual place we started. This book was a journey of personal discovery. We hope it will be the same for you. We have been forced to scrutinize our personal philosophies and our understanding about what motivates people. We ve had to travel the timeline of copyright protection from the Middle Ages until now to see how it has evolved. We ve had to understand how business, politics, and law mix in today s information society. We ve had to ask: What freedoms have we given up in the name of copyright protection? Our discussion concerns intellectual property: its use and its value. On one hand are those who believe that anything they conjure up, anything that transforms an idea into form, is intellectual property. On the other are the individuals who believe just as passionately that the entire notion of intellectual property is at best a farce, at worst just another way to suck profits out of the ether. In between these two extremes is a spectrum of social, legal, and ethical points of view. There s a battle outside and it s ragin , sang Bob Dylan in The Times They Are A-Changin . This battle pits media conglomerates against teenagers, artists against artists, technology providers against content providers, nations against nations, Internet service providers against entertainment companies, media companies against their best customers-and even law enforcement against organized crime. The ownership of intellectual property has been passing from the minds of artists and into the bank accounts of media businesses for at least 200 years. Yet since the passage of the Digital Millennium Copyright Act of 1998, some of those in the media business have developed a lockdown mentality that many people feel threatens their right to enjoy the media they buy however they see fit, as well as the public right of fair use. The concerns discussed in this book rise way beyond simply being able to legitimately download a song from the Internet: They extend all the way to your right to not sit through commercials when you watch a recorded television show. There are those who believe the American model of capitalism, along with American intellectual property, should be promulgated throughout the world economy, with the same terms of sale and use for their products as in the United States, regardless of disparities in economic status or local customs regarding ownership and copying. And there are those who don t. We found ourselves asking a number of these questions as we traveled the road from blank page to completed manuscript: Do we have a right to use media we license or buy in any way we see fit? Do the media publishers have a right to profit for decades from their acquired intellectual property? Is downloading stealing or civil disobedience? Is enforcement curtailing piracy or making it worse? Can we expect to change the hearts and minds of the global citizenry to a capitalistic point of view? Could the software companies and media firms do something different to alleviate the problem? How bad is the problem? Whose problem is it? Why do pirates pirate? And why don t others? This is our invitation to you to take a journey into the heart of intellectual property darkness with us. WHAT S IN THIS BOOK? Here s a roadmap for the 10 chapters of the journey you re about to embark upon with us: Chapter 1, Are You a Digital Pirate ?, presents an overview of the ideas and social situations regarding the licit and illicit use of copyrighted intellectual property. We ask you to evaluate your own behavior, or that of people close to you, to determine if you, or they, are pirates of the digital millennium. Chapter 2, Is it Copyright or the Right to Copy ?, presents a history of modern copyright in what we generally regard as Western civilization, beginning with monks in the European Dark Ages and moving (somewhat regressively) through English law to American issues of fair use and the sanctity of ideas. A table of the political history of copyright concludes the chapter. Chapter 3, Us Against Them ?, explores the war over intellectual property use, providing a fair and balanced perspective of all the competing camps. It s the scorecard-the playbook-of the conflict. Chapter 4, Inside the Corporate Intellect: A Day at Microsoft , explains just what goes into software development, in terms of human intellectual capital and corporate resources. Next time you think how cheap it is to make a CD, remember this chapter and that the aluminum and plastic disc is a very small part of the cost. Chapter 5, Inside the Sausage: The Making of the Digital Millen nium Copyright Act , sets out what led to the creation and passage of this piece of legislation, which has caused one of the most pitched battles between copyists and capitalists in the history of copyright. Chapter 6, Global Fallout , explores the worldwide effects and aftereffects of digital piracy. We re not talking about kids downloading tunes here. In some cases, organized crime is a major player. We explore what it takes for a less privileged country to gain economic footing with our intellectual property. Chapter 7, Dude, Where s My MP3 ?, focuses on youth, primarily American, who regard access to the Internet as an ordained right and anything on it as fair and free game. Yes, a game: If the copyright holders find a way to protect their intellectual property, the game is to crack it. Chapter 8, Eliot Ness or Keystone Kops ?, looks at the attempts- and we do mean attempts-to stem the tide of international piracy and download thievery. While the RIAA did put the fear of God in America s downloaders for a short while, most have come to believe that detection and punishment are unlikely-and it appears they may be right. Ditto for the rest of the digital planet. Chapter 9, Angel on My Shoulder: What s in It for Me? , asks you to examine your own beliefs and ethics in making a personal determination about what s right and what s not, what the other guy does be damned. We all have to take our own ethical stand. Chapter 10, Through the Fog: The Future of Intellectual Property, sums up what we've learned in the foregoing nine chapters, and extrapolates from that some solutions to the problem. Here you can test our logic and vision, and add your own. The Afterword, following Chapter 10, describes each of our personal journeys, where we reveal our views to you. Don't peek until you ve read the book, though!

Intellectual Property in the New Millennium : Essays in Honour of William R. Cornish (Hardcover) (October 14, 2004)
by David Vaver (Editor), Lionel Bently (Editor)
'... this festschrift is thoughtfully compiled and well written, on topics of considerable variety and importance, thus extending its shelf life beyond its immediate celebratory purpose.' World Intellectual Property Organization Magazine
Intellectual property law is a subject of increasing economic importance and the focus of a great deal of legislative activity at an international and regional level. This collection brings together contributions from some of the most distinquished scholars in this exciting and controversial field, covering the full extent of intellectual property laws, that is, patents, copyright, trade marks and related rights. the contributions examine some of the most pressing practical and theoretical concerns which intellectual property lawyers face.

Open Source Licensing : Software Freedom and Intellectual Property Law (Paperback) (July 22, 2004)
by Lawrence Rosen
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
"Academic licenses": BSD, MIT, Apache, and beyond
The "reciprocal bargain" at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open source software
Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits
“I have studied Rosen’s book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing.”
- John Terpstra, Samba.org; cofounder, Samba-Team
“Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen’s book is must reading for anyone using or providing open source solutions.”
- Stuart F. Cohen, CEO, Open Source Development Labs
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
“Academic licenses”: BSD, MIT, Apache, and beyond
The “reciprocal bargain” at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open source software
Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits

Fundamentals of Intellectual Property Valuation : A Primer for Identifying and Determining Value (Paperback) American Bar Association (January 25, 2006)
by Wes Anson
This primer, written by experts in the area, answers some of the most frequently asked questions about identifying the value of the primary types of intellectual property (IP) and other intangible assets. It also looks at the primary, traditional, and not-so-traditional methods of valuing these assets and includes definitions, glossary, case law studies and situations where valuation is required.

A Primer on Intellectual Property Licensing (Paperback)
by Heather Meeker
A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide to one of the most dynamic and popular areas of legal practice today—intellectual property licensing. Developed by an attorney (advocate) in private practice who specializes in Silicon Valley technology licensing, this guide presents the basic rules of law you need to know for a licensing practice, along with helpful examples of contractual language, practice tips, and insights on custom and practice in the industry. This textbook is appropriate for a law school or business school seminar, or for practicing attorneys who wish to expand their practice into this exciting field. Individual chapters from this text are also available for seminars and CLE presentations (in electronic format).
Heather Meeker is an attorney (advocate) in private practice at Greenberg Traurig, LLP, a leading technology law firm in Silicon Valley, and specializes in drafting and negotiating intellectual property transactions for software and other technology clients. She also serves as an adjunct professor at Hastings College of the Law, teaching a seminar in intellectual property licensing, for which this textbook was developed. Ms. Meeker has degrees from Yale College and Boalt Hall School of Law. She clerked for the United States Circuit Judge John Porfilio of the Tenth Circuit. Ms. Meeker has published numerous law review articles and practice-oriented articles in the area of law and technology, and has a special interest in open source software licensing. She serves as the co-chair of the Open Source committee of the ABA’s Science and Technology Law Section, and in 2005 was selected by the Daily Journal as one of the top 30 intellectual property lawyers in California. She also worked for many years in the entertainment and computer industries, prior to her work as an attorney (advocate).

International Intellectual Property (University Case Law Book)
by Paul Goldstein
INTERNATIONAL INTELLECTUAL PROPERTY LAW: CASE LAW AND MATERIALS organizes contemporary foreign, as well as U.S., case law and literature to equip law students with the methodology they need to engage in international intellectual property practice, in both transactional and litigation settings. Carefully selected materials also expose students to: the important new directions introduced by the TRIPs Agreement; the traditional treaty regimes; and the social, economic and cultural considerations that underpin intellectual property laws around the world. Each field of law - copyright, patent, trademark, unfair competition, trade secrets, industrial design - is introduced by a comprehensive author's note placing the field in its international and comparative law context, and extensive notes on the case law and materials fill in relevant details, including currently, and historically, important topics.
PAUL GOLDSTEIN, Lillick Professor of Law, Stanford University

Intellectual Property in the New Technological Age (Hardcover)
by Robert P. Merges, Peter S. Menell, Mark A. Lemley
The authors are luminaries of Boalt, UC Berkeley. The book is for students, and therefore concentrates on precedents. Reviewer: Jukka Kemppinen.
This book is an excellent text dealing with multiple aspects of American intellectual property law. As a Canadian law student I found its approach of using first principles to introduce readers to the basics of intellectual property law very useful. From the first principles of copywright, trademark and patent law the book proceeds to give an insightful exposition of the developments of each of these areas of law in response to recent developments in the sciences. While some attention is paid to biotechnology in the patent section of the book, most of the work focusses on the impact of developments in intellectual property law as a result of information technology. - Reviewer: Elyot Waller.

Economic Approaches to Intellectual Property Policy, Litigation, and Management (September 1, 2005)
by Gregory K. Leonard; Lauren J. Stiroh (Editor)
Over the past century, the value and importance of intellectual property has grown rapidly worldwide. While it is crucial for companies to successfully manage their intangible assets, they face difficult questions in attempting to navigate the complex business and legal environment that surrounds IP rights.
Economic Approaches to Intellectual Property Policy, Litigation, and Management discusses real-world tools and strategies at the forefront of economic thinking about many of today’s most prominent intellectual property issues. Co-edited by Dr. Gregory K. Leonard and Dr. Lauren J. Stiroh, this book is an anthology of 23 articles by economists associated with NERA, whose analyses have played a crucial role in numerous landmark legal and regulatory case law. The chapters explore topics ranging from the valuation of IP damages to intellectual property rights protection in China and the antitrust implications of standard setting and patent pools.
The book addresses such key questions as:
How should the owner of IP rights be compensated when those rights are violated?
What role should antitrust and competition policy play in intellectual property matters?
How can companies more accurately assess their R&D investments and strategies?
Should emerging economic powers implement and enforce more stringent intellectual property rights?
Economic Approaches to Intellectual Property Policy, Litigation, and Management should prove to be of interest to economists, lawyers, policy makers, executives managing IP portfolios, and law and business schools
Editor Dr. Gregory K. Leonard specializes in applied microeconomics and econometrics. He has provided expert analysis, as well as written and oral testimony, in the areas of intellectual property, antitrust, damages estimation, statistics and econometrics, and labor market discrimination. Dr. Leonard was one of the developers of the merger simulation technique that is now widely used to analyze the competitive effects of mergers. He has published in the RAND Journal of Economics, the Journal of Industrial Economics, the Journal of Public Economics, the Journal of Labor Economics, Antitrust Law Journal, and the George Mason Law Review.
Editor Dr. Lauren J. Stiroh specializes in the economics of intellectual property, commercial damages, and antitrust. Much of her work and research has focused on the intersection of intellectual property and antitrust litigation. She has conducted studies of patent value and assessed damages from patent infringement in a number of sectors. In high technology industries, in particular, she has analyzed the impact of standard setting on patent value and issues related to market power. In addition, she has conducted research and prepared expert reports on a variety of issues arising from antitrust allegations, has created and critiqued damages models in a variety of contexts, and is experienced in survey design and the econometric analysis of consumer survey data. Dr. Stiroh has presented her research before the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), the Canadian Competition Bureau, and in expert testimony. She has also written articles and given speeches for the American Bar Association, Law Seminars International, the Practising Law Institute, and the 2002 FTC and DOJ joint hearings on "Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy."

Virtual Monopoly: Building an Intellectual Property Strategy for Creative Advantage - From Patents to Trademarks, From Copyrights to Design Rights (Hardcover)
by Christopher Pike
Reviewer - Jerome Spaargaren (London, UK):
Christopher Pike is not your run-of-the mill intellectual property adviser. Although qualified as a patent and trade mark attorney (advocate), his experience in dealing with business management issues comes through very directly when reading this book.
It is not always appreciated that there is a whole host of available strategies for businesses which are, knowingly and in some cases not, involved in generating intellectual property. Intellectual property generators often need commercially minded guidance appropriate to their markets and their approach to business as to how their intellectual property can be used to create value. Pike has identified and crystallised models and concepts in a way which makes the grander themes of intellectual property, often held as an impenetrable area for those outside its day-to-day practice, readily understandable. He sets out a useful vocabulary of concepts and terms, describing intellectual property as a currency used in buy-sell relations and for measuring creative advantage.
I suspect that Pike may be at the forefront of a new area of consulting which is much-needed but so-far overlooked. The book he has written will surely be a useful tool to a broad range of readers, particularly those looking for insight into modern approaches to intellectual property strategy. Whilst other books on IP may be found hidden in the law section of a bookshop, this will almost certainly be found in amongst the bestselling management books.

Intellectual Property for Paralegals : The Law of Trademarks, Copyrights, Patents, and Trade Secrets (West Legal Studies Series) (Paperback) 2 edition (July 6, 2004)
by Deborah E. Bouchoux
Trademarks, copyrights, patents and unfair competition are the four major areas of intellectual property law that are presented in full in this second edition. The methods by which each is created, procedures to register or protect each, the duration of rights, infringement, and new and international developments are addressed for each of the four fields, giving the readers the scope they need to apply this information in the practical setting. The specific tasks of paralegals involved in this area of law are presented in helpful checklists. Plus, a host of sample forms and agreements, statutes, charts, citations, case studies and much more make the material easy to digest and use in the practical setting. On-line Companion for this text includes Appendices A-E, chapter summaries, trivia, and Internet resources.

Indigenous Intellectual Property Rights: Legal Obstacles and Innovative Solutions : Legal Obstacles and Innovative Solutions (Contemporary Native American Communities) (Paperback) (September 2004)
by Mary Riley
The expert contributors from around the globe provide unique case studies to guide indigenous communities and their partners in protecting their intellectual property. Addressing the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources, the authors describe positive efforts at protecting indigenous knowledge. It is an important resource for advocates for indigenous and human rights and legal scholars.

Private Power, Public Law : The Globalization of Intellectual Property Rights (Cambridge Studies in International Relations)
by Susan K. Sell, Steve Smith (Series Editor), Thomas Biersteker (Series Editor), Chris Brown (Series Editor), Phil Cerny
(Series Editor), Joseph Grieco (Series Editor), A. J. R. Groom (Series Editor), Richard Higgott (Series Editor), G. John
Ikenberry (Series Editor), Caroline Kennedy-Pipe (Series Editor), Steve Lamy (Series Editor)
Review
'... a very good book ... lucidly and engagingly written as well as being excellently researched.' The King's College Law Journal
Susan Sell's book reveals how power in international politics is increasingly exercised by private interests rather than
governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states how they should regulate the protection of intellectual property. This book argues that TRIPS resulted from lobbying by powerful multinational corporations who wished to mould international law to protect their markets.

Copyright And Human Rights: Freedom Of Expression, Intellectual Property, Privacy (Information Law Series) (Hardcover)
by Paul L. C. Torremans (Editor)
First Sentence:
When the Canada House conference in which this collection of essays is rooted was set up and subsequently when the topics and the essential components of a book treating the issue of copyright, and other intellectual property rights, and human rights were discussed amongst the series editor, the editor of this collection and the contributors it seemed obvious to think of the issue as one involving copyright and intellectual property rights in general on the one hand and human rights on the other hand.

Essentials of Intellectual Property (Essentials Series) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
This book is the liveliest, best-written and most thorough introduction to the fundamentals of this subject. Yet it goes beyond the framework of basic IP protection to discuss emerging concepts as well as inside information immediately useful in the real world. In short, it forms the next rung in the advancement of IP management up the ladder from an art to a science.
( Samson Vermont, founder of the periodical Patent Strategy & Management; Patent Attorney)
Poltorak and Lerner deliver a remarkable new book, just in time, for the layperson who wants to study the modern intellectual property landscape. In a style that prompts, guides, and mentors the reader, the book should prove invaluable to those who need to acquire enough of an understanding of the material to keep out of trouble. Easy to read and free of jargon and difficult legal language, the book is one I will recommend to those who want a straightforward introduction to an increasingly important legal specialty.
( Alexis N. Sommers, Ph.D., Professor of Industrial Engineering University of New Haven Director, Education and Training Connecticut Association of Purchasing Managers)
As intellectual property becomes a more important aspect of the world's economy, this book is a must-read. Dr. Poltorak's and Mr. Lerners experience, knowledge and wit help both new and experienced licensing practitioners understand and appreciate the simple and complex issues in the field of intellectual property licensing.
( Arthur M. Nutter, President, TAEUS)
Essentials of Intellectual Property should be required reading for any manager interested in developing an IP strategy. Alex Poltorak and Paul Lerner have distilled their years of experience into an easy to understand text that may prove to be a “go to” book for many busy executives.
( Paul E. Paray, Managing Member, Licenz Group, LLC and former CEO AnIdea Corporation.)
This critically important new volume of work not only provides the professional with a greater knowledge of this vast subject, but also the novice with a better understanding and appreciation for the results of their creative abilities.
( Lawrence J. Udell, Executive Director California Invention Center Professor of New Ventures and Entrepreneurship)
The recent interest in Intellectual Property as a company asset comes as no surprise to inventors. For years we have known that every invention, whether physical or intellectual, starts with a unique idea. This book represents the insight and experience of the two critical elements of modern IP issues - the process of securing an IP patent and the structure for protecting it. In the global information technospace of today's business, nothing is more important than understanding and controlling access to proprietary ideas. Knowing just what steps to take will help us all, inventors and users. As a holder of patents, I feel relieved to know that there is now a map for navigating the labyrinth in this area.
( Arthur “Skip” Moen, Ph.D.)
Essentials of Intellectual Property is an essential read for anyone managing an enterprise that invests resources in innovation. This book provides, with the clarity of plain English, valuable guidance for both protecting the intellectual property created by a firms creative efforts, and deriving revenue and value from them as well. After being read, it should be kept close as a handy desk reference.
( Norman Zafman, Founding partner of Blakely, Sokoloff, Taylor & Zafman)

Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio Capitalization (Inside the Minds) (Paperback) (May 15, 2005)
by Aspatore Books
Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio Capitalization is an authoritative, insider's perspective on the issues surrounding intellectual property law including patent and trademark protection, maintaining IP portfolios, and the future of intellectual property law, on a global scale. Featuring Department Heads, Group Chairs, and Leading Partners, all representing some of the nation's top firms, this book provides a broad, yet comprehensive overview of the practice of intellectual property law, discussing the current shape and future state of patent and trademark protection from the founding doctrines, to the pivotal case law of today. From the steps involved in policing intellectual property portfolios, to crucial tactics around avoiding common IP legal risks, these authors articulate the finer points around intellectual property now, and what will hold true into the future. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as experts offer up their thoughts around the keys to success within this fascinating practice area.
About Inside the Minds:
Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.

The Economic Structure of Intellectual Property Law
by William M. Landes, Richard A. Posner
Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World : Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate.
Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit : An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law.
William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee : The most important book ever written on intellectual property.
Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law : Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding.
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.

Essentials of Licensing Intellectual Property (Essentials (John Wiley)) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
"Poltorak and Lerner have produced a highly readable and informative introduction to intellectual property licensing, written with style, grace and occasionally tongue in parenthetical cheek. It should be required reading for those new to the field as well as for others needing a 'Licensing 101' course."
- Emmett Murtha, President & CEO, QED Intellectual Property (USA); Past President of the Licensing Executives Society and former Director of Licensing for IBM
"Professionals in manufacturing and in supply chain management have little time or motivation to grapple with legal texts. Yet, they need precise, complete, easy-to-read material that can educate them both quickly and well. Alexander Poltorak and Paul Lerner, in Essentials of Intellectual Property Licensing, understand their audience's needs, and produced a work that is actually fun to read. More to the point, it is easy to read, amazingly concise and clear for a legal text, and encourages the reader to step forth as a partner with legal counsel to tackle issues head-on."
- Alexis N. Sommers, Ph.D. Professor of Industrial En gineering at University of New Haven & President of the Connecticut Association of Purchasing Managers
Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best practices, this handy and concise paperback will help you stay up to date on the newest thinking, strategies, developments, and technologies in licensing intellectual property. Order your copy today!

Intellectual Property Examples & Explanations (The Examples & Explanations Series) (Paperback)
by Stephen M. McJohn
Reviewer - Domo Kun: This book has pretty good coverage of topics: Copyrights, Patents, Trademarks, Trade Secrets. The information is pretty complete, but could be organized better. My main complaint is that there is no table of case law. This is a pretty serious ommission from a law book. No table of statutes, either. And the index is pretty sucky too - no entries for "cybersquatting", "GATT", "Licensing", "genericide" - I won't go on, but I could.

Intellectual Property: Patents, Trademarks, and Copyright (Nutshell Series) (Paperback)
by Arthur Raphael Miller, Michael H. Davis
It has been said, with respect to tort law that anyone can recognize a punch in the nose. Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussion to what may be called the metaphysics of the law, where the distinctions are, or at least may be, very subtle and refined, and, sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller, includes patents, trademarks, and copyrights. Further, it addresses torts and property; antitrust and government regulation; concepts of federalism and state and federal conflicts. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney (advocate).

Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2006 Supplement
by Gordon V. Smith, Russell L. Parr
This book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. It provides practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements; examines the business economics of strategies involving intellectual property licensing and joint ventures; and provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements.

Intellectual Property: Omnipresent, Distracting, Irrelevant? (Clarendon Law Lectures) (May 6, 2004)
Intellectual property rights (IPRs) are increasingly significant elements of economic policy: they are vital to developed countries in an age of global trade. This book focuses on the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs across some recent technologies, the distraction caused by rights that achieve little of their intended purpose, and the seeming irrelevance of IPRs in the face of new technologies such as the internet.