Jim Lampert – Lawyer, MIT Alum, IP Guru
In this E-Learning series, join James Lampert, retired partner at WilmerHale, Harvard Law School (’64) and MIT alumnus (’61) for a comprehensive overview of what you as an entrepreneur should know about intellectual property.
When might you be able to get a patent on your invention? At the last lecture, we talked about what kinds of things are, and are not patentable, and what is prior art. In this lecture, the questions are obviousness and what standards your patent application meet.
There is no clear answer to “is this claimed invention obvious,” but there is a hundred and fifty years of history, a 1952 patent act laying out a framework, and two Supreme Court decisions telling the patent office and courts what they should consider. As for your patent application itself, what does it have to include to meet the statutory requirements that it tells a reader what your invention is and how to use it, and how precise must your claims be to strike the proper balance between a patentee’s and the public’s interest. And what is likely to happen to your claims as your application wends its way through a patent office.
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