This course is a brief introduction to the fundamentals of U.S. patent law. The course begins with a primer on the economic rationale behind the patent system and the institutions of patent issuance and adjudication in the United States, as well as the relevant business context. The course covers the doctrines governing patent validity—patentable subject matter, utility, enablement, written description, novelty and nonobivousness. It then explains the process of patent infringement adjudication, including claim construction, direct and indirect infringement, and the doctrine of equivalents, and the remedies available to infringement plaintiffs such as injunctions and damages. The course concludes with a brief consideration of the problem of patent trolls and patent reform.
Introduction and patentable subject matter.  We begin with an overview of the basic economics of the patent system, the system&rsquos institutional structure, and the choices that businesses face in protecting their intellectual assets.  We then consider some of the most significant patent controversies in recent years, which have involved the basic question: What categories of inventions are patentable?
Disclosure and novelty (I).  This morning will begin with an examination of the disclosure requirements &ndash what information an inventor must share with the world in order to receive a grant of exclusive rights.  We will then move on to the fundamental requirement that a patent claim something new.  We will cover both the traditional novelty provisions and the changes enacted in the America Invents Act (AIA).  We will also use the AIA to discuss the political economy of the patent system.
Novelty (II) and nonobviousness.  We conclude our discussion of novelty and then examine the requirement that a patent claim something that would not have been obvious to others working in the field that is, that it takes an “inventive step.”  We will compare the patent system&rsquos approach to that of other types of intellectual property, including design patents, trademarks, and copyright.
Infringement.  Having determined what is required to obtain a patent, this part of the course explores what a patent holder can do with her right.  We begin with claim construction, the process of interpreting the scope of patents, and then discuss infringement &ndash literally and by equivalents, and direct and indirect.  We will briefly consider defenses to infringement.
Remedies.  Here we examine the remedies availability to patent holders who have pursued successful infringement claims.  These remedies include injunctions and damages, and this segment will provide an overview of when these remedies are available and how modulating the scope of remedies impacts patent policy.  We will also consider the problem of patent trolls.
在加入卡多佐法学院之前，Burstein教授是哈佛法学院的克里门科研究员。他曾是华盛顿特区私人执业的上诉诉讼律师，美国司法部总检察长办公室的Bristow研究员，以及华盛顿特区巡回上诉法院法官A. Raymond Randolph的法律书记。他也是麦肯锡公司的管理顾问。Burstein教授拥有法学博士学位，以优异成绩毕业于纽约大学法学院，获耶鲁大学分子生物物理与生物化学、伦理学、政治学与经济学学士学位。