Student questions/responses. Student comments in lowercase. My responses in CAPS interspersed.
Are the statutes listed in the syllabus the only ones we are responsible for?
YOU ARE RESPONSIBLE FOR ALL OF THE SECTIONS OF THE VARIOUS STATUTES WE DISCUSSED IN CLASS OR IN THE READING, WHETHER OR NOT THOSE SECTIONS OF THE STATUTE WERE SPECIFICALLY ENUMERATED ON THE SYLLABUS
Are we responsible for the Reform to Patent Act stuff?
YES. WE DISCUSSED PATENT REFORM IN CLASS AND IN THE READING
Are we responsible for the information from the 2 guest lecturers
Is there a difference between invention and discovery?
DISCOVERY IS NOT THE PRODUCT OF MAN-MADE INGENUITY AND EFFORT. DISCOVERY IS MORE LIKELY TO REFER TO FINDING SOMETHING IN NATURE. BUT "DISCOVERY" IS NOT A TERM OF ART SO IT COULD BE USED IN ITS COLLOQUIAL ENGLISH SENSE.
Regarding the 3rd pring of the test for Non-Obviousness from Graham v. John Deer, "Level of ordinary skill in the art," how do I identify the level of skill in the pertinent art?
THE PERSON HAVING ORDINARY SKILL IN THE ART IS DISCUSSED IN JOHN DEERE AND IN THE STATUTE. WE ALSO DISCUSSED IN CLASS. YOU SHOULD REVIEW BOTH SOURCES AND THE NOTES. HERE'S A QUICK SUMMARY OF THE KINDS OF FACTORS YOU WOULD LOOK TO IN ORDER TO MAKE A DETERMINATION.
- Educational level of the inventor
- Educational level of active workers in the field
- Type of problems encountered in the art
- Prior art solutions to those problems
- Sophistication of the technology
- Rapidity with which inventions are made
- Consider factors such as: educational level of the inventor, what is the typical education level of people working in the field, type of problems encountered in the art, prior art solutions to those problems, sophistication of the technology, etc.always considered at the time of the invention.
AH, YES, YOU GOT THIS ALREADY. THE PATENT EXAMINER HAS TO PUT HIM OR HERSELF IN THE SHOES OF THE PERSON HAVING ORDINARY SKILL IN THE ART AT THE TIME OF INVENTION (NOT AT A LATER POINT). IT IS AN INQUIRY AS OF THE TIME OF INVENTION AS TO WHETHER THIS FICTITIOUS PERSON WOULD HAVE KNOWN TO PURSUE THE INVENTION AND WOULD HAVE THOUGHT THAT HE HAD A REASONABLE CHANCE OF SUCCESS AT IT.
So the person trying to argue validity will argue a low level of skill to try to show obviousness?
THE PERSON TRYING TO ARGUE VALIDITY WANTS TO SHOW THAT THE INVENTION WAS NOT OBVIOUS AT THE TIME OF INVENTION. HE OR SHE WANTS TO SAY THAT THAT NO ONE WOULD HAVE KNOWN TO DO THIS. HENCE THE PERSON TRYING TO ARGUE VALIDITY WILL TRY TO SHOW THAT THERE IS A HIGH, NOT A LOW, LEVEL OF EDUCATION REQUIRED. IT IS THE INVERSE FOR THE ALLEGED INFRINGER WHO IS TRYING TO DEFEAT THE VALIDITY OF THE PATENT.
Display (Right of copyright holder)
Owner has right to control the public (not private) performance and display of her works including both literary and performance oriented works. Right extends to computer programs and other audio visual works. How does the owner not have right to prevent the display of a particular original or copy of a work of art in a public place?
YOU MAKE A PAINTING. I BUY THE PAINTING FROM YOU. THIS GIVES ME THE RIGHT TO HANG THE ORIGINAL PAINTING WHEREVER I WANT TO AND TO DO WHATEVER I WANT WITH THAT COPY OF THE PAINTING. IT DOES NOT, HOWEVER, CONVEY ALL THE COPYRIGHTS TO ME SO I AM NOT ENTITLED WITHOUT A TRANSFER OF THE COPYRIGHT TO MAKE 1000 COPIES OF THE PAINTING.
What are the 3 exceptions regarding original work of authorship and fixations?
I HAVE NO IDEA WHAT THIS REFERS TO.