I am happy to announce the release of my book US Patent Law for European Patent Professionals.
An understanding of US patent law within the context of the US legal system has become increasingly important for patent professionals in Europe in recent decades. Europe and the US are closely linked economic zones, and many inventions for which protection is sought in Contracting States of the EPC are also manufactured and/or brought to market in the United States. As a result, European patent professionals are increasingly confronted with questions from multi-national clients on how best to protect and leverage their inventions within the US. The protection of intellectual property rights in the US and Europe is rooted in different legal systems, which gives rise to various differences in practice, ranging from highly significant to inconsequential.
This book is a practical and straightforward guide for European IP professionals on how the patent system works in the US. This guide is divided into five parts (see table of contents):
The first part, “The Basics of US Patent Law,” provides a necessary foundation for further reading of the book. The structure and hierarchy of US patent laws, regulations, guidelines and case law is presented. The types of US patents and the requirements for patentability in the US are discussed in detail.
The second part, “Prosecution of US Patent Applications,” gives detailed overviews on preparing and filing applications, as well as examination proceedings before the USPTO from filing up to grant, including chapters on the US definitions of novelty and inventiveness. The second part closes with a description of appeal proceedings at the US Patent and Trademark Office (USPTO).
The third part, “The US Patent and Post-Grant Proceedings,” includes chapters on the protection conferred by US patents, as well as US post-grant proceedings analogous to the EPO’s Opposition proceedings and Requests for Limitation and Revocation (Art. 105a EPC).
The fourth part, “Index of Procedural Elements,” is a comparative listing in alphabetic order of procedural elements in the US with references to corresponding elements under the EPC.
The fifth and final part, “Advanced Topics,” includes chapters on the structure, history and principles of the US patent system and a description of the USPTO’s ties to the US judiciary.
The book is designed not only to be used by European patent attorneys and paralegals, but also by academics and anyone with a background in European patent law who needs to understand US patent law.
US Patent Law for European Patent Professionals, by: Audrey Nemeth, April 2015, ISBN 978-90-411-6044-7, 215 pp. hardcover.