3 Chi.-Kent J. Intell. Prop. [i] (2003-2004)

handle is hein.journals/jointpro3 and id is 1 raw text is: <--- 3 CHI.-KENT J. INTELL. PROP. 1 --->

Festo and the Future of the Doctrine of Equivalents
By Brian J. Teague
Candidate, J.D., 2004, University of Richmond School of Law.
I. INTRODUCTION
Patent protection in the United States is rooted in the United States Constitution, which
grants Congress the power To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries.   A patent is a property right granted ... to an inventor to exclude others from
making, using, offering for sale, or selling the invention ... for a limited time in exchange for
public disclosure of the invention.'' Pursuant to this grant of authority, the Patent ActP
enumerates, inter alia, the procedural requirements to apply for and receive a patentl4 and
specifies the temporary monopoly received by the inventor.H
One of the key requirements of the Patent Act is that the inventor must describe the
invention in full, clear, concise, and exact terms.''1 This requirement is essential for the patent
holder (also called the patentee) to know what he owns and for the public to know what he does
not.7  The law attempts to balance the interest of the inventor to maintain a temporary
monopoly, thereby allowing him to capitalize on his innovation, with the interest of the general
public to pursue innovations, creations, and new ideas beyond the inventor's exclusive
rights.M
This requirement to describe the invention in full, clear, concise, and exact terms is
hampered, however, by the difficulty in finding words to describe an invention with complete

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?