Fall 2009 - Scientific Evidence - Patent Questionnaire

rjm 10/23/09 rev 091023:1210
Your e-mail address       Send a copy of this message to that address.
Please convey your answers to me by hitting the SEND MESSAGE box below by 9 a.m., Tuesday, 10/27/09. 
If you hit SEND before you are finished, please do not be concerned. 
Just continue to fill out the form and hit SEND
again when you are done. 
If the earlier answers have disappeared from your computer, I'll still have them. 

If they have not disappeared, you can edit them and they will be in the next SEND. 
I won't look at prior SENDs unless the last one is incomplete.

The name you are known by in class

If you are a GRAD STUDENT: find a patent number on something in your lab OTHER THAN what you used for week 01.

If you are a LAW STUDENT: find a patent number on something in a friend's lab, or something in your home or in a restaurant or store (except NO COFFEE SLEEVES).

THE ITEM; PHOTOGRAPHS

What do you call the item (your phrase)? 
Commercial name, if any. (E.g., trade name, trademarked name. If you don't know, type "DNK".)
Manufacturer 

Please take a first photograph of the patent number in situ on your item (or on its packaging or instructions)
so that we can see the numbers and at least some of the item (or packaging or instructions).
Take a second photograph so that we can see the whole of the item itself.  Include something for scale (ruler, hand, soda can, etc.). 
Post the pictures on Coursework in the forum called 1028 as a response to my message and with a helpful subject line.

THE PATENT

Patent Number  (include commas)
Issue Date
Assignee  listed on cover sheet

APPLICATIONS AND TIME IN PROSECUTION

Filing date of application on which patent issued. (This is the date in field 22.)
Had applicant(s) filed a PROVISIONAL application? (If they did, this information will be listed in the Related US Applications section of the cover sheet).  YES NO
Number of earlier applications referenced in the Related US Applications section (other than provisionals): 0 1   2 3 or more
Filing date of earliest US regular application (NOT provisionals). If there are no parent applications, type NONE
If priority is claimed from a foreign filing, what country? If no foreign filing, type NONE.
Elapsed time in prosecution.  Measure from the earliest US application's filing date until the issue date.  Express answer in years + months (rounded to an integer less than 12)
  Years months 
Patent Expiration Date
Sometimes this is stated on the patent, or another patent's expiration is cross-referenced, or there is a statement that the expiration date is adjusted by a certain number of days pursuant to 35 USC 154(b), a provision that adjusts expirations based on delays by the PTO or the applicant.) 
In any case, if you have to figure out an expiration date yourself (possibly before adding/subtracting delay days)
If the latest application was filed after 6/8/95, then the patent expires at {earliest filing date + 20 years}.
If the latest application was filed before 6/8/95, the the patent expires at {issue date + 17 years}, UNLESS, subject to certain additional conditions, F+20 is later than I+17.
See handout from 09/30.
Number of sheets of drawings
Number of the column in which claim 1 appears

CLAIMS

Number of claims
Total number of independent claims 1    2    3    4    5    6 or more
(An independent claim does not refer to any other claim.  A dependent claim does.
For example, "The apparatus of claim 5 wherein ..." is a dependent claim.)
Does claim 1 include a chemical formula or DNA sequence? YES NO
Is claim 1 to a:
  method or process
  composition of matter (a molecule, DNA sequence, etc.)
  "machine or manufacture"  [It might be a "system" or "apparatus" or a THING of some sort. 
If you're not sure, then use this category for anything that is NOT a method, process, compound or sequence.]
 
State the noun or noun phrase that begins claim 1 (NOT the whole preamble, just the words up to the first noun).
Is claim 1 in Jepson format ("In a ... [possibly many lines], the IMPROVEMENT comprising .... or CHARACTERIZED IN THAT/BY ...")
             YES NO
Number of lines in claim 1 in the printed patent
Number of lines in claim 1 in your first, fast attempt at reformatting.
Show that first, fast attempt here. Since tabs won't work, use dots or dashes or whatever you like)

IDEAS FOR SIMULATION PROJECT

What is the field that an expert would testify about in connection with validity or infringement?
What word or phrase would most likely be the subject of a claim interpretation dispute?
If there are other candidates for claim interpretation, enumerate them here. 
What jumps out at you as a possible noninfringing design-around?  If  nothing does, please type "NO IDEA."
Do you have a hunch there might be invalidating prior art?  If yes, what and why? (Briefly)  If no, type "NO."
Use this box to explain more about your ideas for basing your simulation project on this patent. 
Note 1.  If you think the patent would be TERRIBLE, you can say that.  But if time permits, please see if you can find another patent and send me the information on that one.
Note 2: Grad Students Only:  If you think the patent you found for Week 01 would be better for the simulation project, please fill out a SECOND questionnaire for that patent.

Has this patent been litigated?  Check LEXIS if you have access to it; search publicly available information otherwise.  If yes, give court, year litigation commenced and current status, to the extent you can tell that.  Type "DNK" if you can't find any information.

Done?