Introduction

This guide provides an introduction to key resources for conducting patent law research at Georgetown. It focuses primarily on United States law and sources but includes a few resources that contain foreign and international materials. For information on researching other types of intellectual property law, such as copyright and trademark, see our Treatise Finder and other research guides on those subjects.

Getting Started

The following sources provide a good introduction to patent law:

• Chisum on Patents (KF3114 .C47)
  Also available through LexisNexis (Chisum on Patents)
  Authoritative multi-volume treatise on patent law that covers everything from patentability to infringement.
  
  
• Moy's Walker on Patents (4th ed.) (KF3114 .W3)
  Also available through Westlaw (MOY-PAT)
  Five-volume treatise on patent law that covers the patent system and process, patentability, and infringement.
  
  
• Martin J. Adelman et al., Patent Law in a Nutshell (2008) (KF3114 .A343)
  A concise introduction to patent law that covers patentability, acquisition of a patent, claims, infringement, and international patent law.

Primary Law Sources

Case Law

• BNA's United States Patents Quarterly (KF2975 .A2 (1st Series), KF2975 .A2 2nd Ser (2d Series)) (1929-2009, print cancelled)
  Also available from 1929 to present through BNA's Intellectual Property Resource Center, Westlaw (USPQ), and LexisNexis (BNA United States Patents Quarterly)
  Contains patent cases from federal and state courts and decisions of the Board of Patent Appeals and Interferences and the Director of the U.S. Patent and Trademark Office.
  
  
• Chisum on Patents (KF3114 .C47)
  Also available through LexisNexis (Chisum on Patents)
  This treatise includes the "Federal Circuit Guide," which has over "2,000 precedential, patent-related decision of the United States Court of Appeals for the Federal Circuit and the Supreme Court of the United States from October 1982 through December 2007." The guide provides case citations and abstracts organized by topic. The Federal Circuit Guide is updated by the Patent Law Digest.
  
  
• Patent Law Digest (2010)
  Available through LexisNexis (Patent Law Digest)
  The 2010 edition of the Patent Law Digest updates the Federal Circuit Guide. It contains case citations and abstracts organized by topic for all Supreme Court decisions from 1982 to 2009 and all en banc Federal Circuit Court of Appeals decisions on patent law through 2009. It also includes other Federal Circuit decisions on patent law from 2007-2009 not included in the Federal Circuit Guide.
  
  
• Robert L. Harmon, Patents and the Federal Circuit (9th ed. 2009) (KF3114 .H347)
  Also available through BNA's Intellectual Property Resource Center
  Analyzes patent opinions from the Federal Circuit Court of Appeals. It covers all patent opinions reported in the United States Patents Quarterly that were issued through the end of September 2008 and a few other important decisions.
  

For information on researching U.S. case law generally, see Georgetown Law Library's Case Law Research Guide or the Case Law Research Tutorial.

Statutes

• The U.S. Constitution (Art. 1, sec. 8, cl. 8) grants Congress the power "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
  
  
• Patent laws are contained in Title 35 of the United States Code.

For information on researching U.S. statutory law generally, see Georgetown Law Library's Finding Statutes Research Guide or the Statutory Research Tutorial.

Administrative Materials

• Regulations promulgated by United States Patent and Trademark Office are codified in Title 37 of the Code of Federal Regulations.
  
  
• Manual of Patent Examining Procedure (8th ed. 2010)
  Available through the USPTO and HeinOnline
  This manual outlines the practices and procedures patent examiners follow in reviewing patent applications. Older editions of the manual are available from the USPTO (1948-2010) and HeinOnline (1949 - ). For other USPTO guidance, see USPTO Policy & Guides.
  
  
• Official Gazette for Patents (USPTO)
  The official journal of the USPTO, which is published every Tuesday and contains information on patents issued that week and other important notices. The USPTO website has all notices published in the Gazette from 1995 to present and a compilation of important notices and rule changes from 1964-1998. The complete Official Gazette for Patents is available online from December 22, 2009 to present. The Official Gazette is no longer published in print (last print issue was September 24, 2002).
  
  
• Agency Decisions
  
  
  • Board of Patent Appeals and Interferences
    • Westlaw: FIP-BPAI
    • LexisNexis: USPTO Board of Patent Appeals & Interferences Decisions
    • BNA's United States Patents Quarterly, also available on Lexis
      
    • USPTO
      
      
  • Commissioner of Patents / Director of the USPTO
    • Westlaw: FIP-PTO
    • LexisNexis: USPTO Commissioner of Patents and Trademark Decisions
    • BNA's United States Patents Quarterly, also available on Lexis
      
    • USPTO
    • Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trademark Cases (KF3120 .A55) (also available electronically through HeinOnline and LLMC Digital)

For information on researching U.S. administrative law generally, see Georgetown Law Library's Administrative Law Research Guide or the Administrative Law Tutorial.

Secondary Sources

Treatises

The law library has many treatises available in print and electronically on patent law. Below is a select list of treatises:

• Chisum on Patents (KF3114 .C47)
  Also available through LexisNexis (Chisum on Patents)
  Authoritative multi-volume treatise on patent law that covers everything from patentability to infringement.
  
  
• Moy's Walker on Patents (4th ed.) (KF3114 .W3)
  Also available through Westlaw (MOY-PAT)
  Five-volume treatise on patent law that covers the patent system and process, patentability, and infringement.
  
  
• Ronald B. Hildreth, Patent Law: A Practitioner's Guide (3d ed. 1998) (KF3098 .H54, print cancelled in 2008)
  Also available through Bloomberg Law.
  One-volume treatise on the fundamentals of patent law from a practitioner's perspective.
  
  
• John Gladstone Mills et al., Patent Law Fundamentals (2d ed. 2002 -) (KF3114 .R66, print cancelled in 2012)
  Also available through Westlaw (PATLAWF)
  Multi-volume treatise that provides an introduction to patent law, obtaining a patent, and exploiting patent rights.

To find other treatises on patent law, see our Treatise Finder, search GULLiver, or browse the patent and intellectual property treatises on Westlaw and LexisNexis.

Study Aids

The library has a number of study aids that provide a good overview of the subject and help students prepare for courses on patent law.

• Stephen M. McJohn, Intellectual Property: Examples & Explanations (4th ed. 2012) (KF2980 .M42)
  
  
• Roger E. Schechter & John R. Thomas, Intellectual Property: The Law of Copyrights, Patents, and Trademarks (2003) (KF2980 .S3)
  
  
• Arthur R. Miller & Michael H. Davis, Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell (5th ed. 2012) (KF2980 .M52)
  
  
• George W. Kuney & Donna C. Looper, Mastering Intellectual Property (2009) (KF2979 .K86)
  
  
• Janice M. Mueller, Patent Law (3d ed. 2009) (KF3114 .M84)
  
  
• Martin J. Adelman et al., Patent Law in a Nutshell (2d ed. 2013) (KF3114 .A343)
  
  
• Amy L. Landers, Understanding Patent Law (2d ed. 2012) (KF3114 .L36)

Tip: If the current edition of a study aid is not available in the Reading Room Reserve and an older edition will suffice, check the catalog to see if one is available in the stacks.

Patent Prosecution, Licensing, Litigation, and Other Practice

The following is a select list of resources that provide information on patent applications and prosecution, patent licensing, and patent litigation and practice. To find similar resources, search GULLiver (try the subject headings below), or browse the patent and intellectual property practice material on Westlaw and LexisNexis.

• Anatomy of a Patent Case (2012) (available through Bloomberg Law)
  A concise, step-by-step guide to patent litigation prepared by the Complex Litigation Committee of the American College of Trial Lawyers.
  
  
• Brian G. Brunsvold et al., Drafting Patent License Agreements (7th ed. 2012) (available through Bloomberg Law)
  Guide to drafting patent license agreements; includes many examples.
  
  
• Jeffrey G. Sheldon, How to Write a Patent Application (KF3120.A6 S48, print cancelled in 2008) (available through Bloomberg Law)
  A step-by-step guide from the Practising Law Institute on preparing a patent application.
  
  
• Stephen A. Becker, Patent Applications Handbook (2010) (available through Westlaw (PATAPP)
  Covers procedures and requirements for filing and prosecuting patent; appendices include many examples.
  
  
• Mark S. Holmes, Patent Licensing: Strategy, Negotiation, and Forms (available through Bloomberg Law)
  A guide from the Practising Law Institute on patent licensing that covers royalties, infringement, arbitration, export controls, and more; includes many examples.
  
  
• Lester Horwitz, Patent Litigation: Procedure and Tactics (available through LexisNexis (Patent Litigation Procedure and Tactics)
  Concise guide to patent litigation that includes checklists and sample jury instructions.

Academic Journals and Journal Databases

Law Journal Databases

• Westlaw and LexisNexis each include the full text for approximately 500 law reviews and journals. Coverage varies by journal, but in general they include articles starting from the late 1980s/early 1990s:
  
  
  • Westlaw: JLR
    
    
  • LexisNexis: US & Canadian Law Reviews, Combined
    
    
• HeinOnline includes approximately 500 law reviews and journals from the inception date of the publication to present (about a year behind)
  
  
  • HeinOnline also has a subject-specific Intellectual Property Law Library which includes law journals.
    
    
• LegalTrac (formerly known as the Legal Resource Index) Tutorial
  Index of approximately 1,300 journals; coverage begins in 1980. Also available throughWestlaw LRI

• Index to Legal Periodicals and Books
  Index of approximately 1,000 journals (with some full text); coverage begins in August 1981.
  
  
• Index to Legal Periodicals Retrospective: 1908-1981
  Index of over 750 journals; coverage from 1908 to 1981.
  
  
• Index to Foreign Legal Periodicals Tutorial
  Index of approximately 470 legal journals published throughout the world. This database covers 1985 to present. To find older articles, use the Index to Foreign Legal Periodicals in print (KF8 .I35).

Science & Technology Journal Databases

The following is a select list of databases containing journal articles on science and technology. For more databases on these subjects, see our topical list of databases (Science, Medicine, and Technology) or Lauinger Library's list of science databases.

• IEEE Explore
  Journals, conference proceedings, and other publications in the areas of electrical engineering, electronics, and computer science.
  
  
• Proquest Science Journals
  Full-text database containing over 1,500 titles (over 1,200 in full-text) with coverage as far back as 1986. Subjects include physics, engineering, biology, chemistry, and more.
  
  
• Sage Journals
  Full-text database of journals published by Sage in the areas of health science, life and biomedical science, and materials science and engineering.
  
  
• Science Direct
  Full-text database of over 2,500 science journals. Subjects include physical science and engineering, life sciences, and health sciences.

For more information on finding law journal articles generally, see our Articles for Legal and Non-Legal Research Guide or our Law Reviews Tutorial.

News and Current Awareness

• BNA's Patent, Trademark & Copyright Journal (K2976.5 .B95) (1973-2008, print cancelled in 2008)
  Also available through BNA's Intellectual Property Research Center (July 1997 - ), Westlaw (BNA-PTCJ, Jan. 1986 - ), and LexisNexis (BNA Patent, Trademark & Copyright Journal, Jan. 1982 - )
  Weekly newsletter covering recent developments in patent, trademark, and copyright.
  
  
• BNA's Patent, Trademark and Copyright Law Daily
  Available through BNA (July 1998 - ), Westlaw (BNA-PTD, Sept. 1989 - ), and LexisNexis (BNA Patent, Trademark & Copyright Law Daily, Jan. 1990 - )
  Daily newsletter covering recent developments in patent, trademark, and copyright.
  
  
• BNA's World Intellectual Property Report (K1401 .A13 W67) (1987-2008, print cancelled in 2008)
  Also available electronically (Jan. 1997 - ) via BNA, Westlaw (BNA-WIPR), and LexisNexis (BNA World Intellectual Property Report)
  Monthly report on developments in intellectual property law worldwide.
  
  
• BNA's BioTech Watch
  Available through BNA (Apr. 2001 - )
  Daily newsletter that provides "comprehensive regulatory and legal coverage of biotechnology issues." The newsletter contains many articles related to patent law.
  
  
• BNA's Computer Technology Law Report (KF390.5.C6 Y3) (2000-2006, print cancelled in 2006)
  Also available through BNA (May 2000 - )
  Semi-monthly newsletter "comprehensive, in-depth coverage of the major legal issues affecting the computer technology industry, on federal, state, and international levels." The newsletter contains many articles related to patent law.
  
  
• BNA's Life Science Law and Industry Report
  Available through BNA (Mar. 2007 - )
  A bi-weekly newsletter providing coverage of recent developments in pharmaceuticals, biotechnology, and more. The newsletter contains many article related to patent law.
  
  
• Landslide (KF2972 .L36, May 2009 - , and electronically, 2008 - )
  Bi-monthly magazine of the ABA Section of Intellectual Property Law.
  
  
• Official Gazette for Patents (USPTO)
  The official journal of the USPTO, which is published every Tuesday and contains information on patents issued that week and other important notices. The USPTO website has all notices published in the Gazette from 1995 to present and a compilation of important notices and rule changes from 1964-1998. The complete Official Gazette for Patents is available online from December 22, 2009 to present. The Official Gazette is no longer published in print (last print issue was September 24, 2002).
  
  
• Patent and Intellectual Property Law Blogs
  To find patent and intellectual property law blogs, see the ABA Blawg Directory or the Justia Blawg Directory.

Dictionaries and Encyclopedias

• Attorney's Dictionary of Patent Claims
  Available through LexisNexis (Attorney's Dictionary of Patent Claims)
  A deskbook for patent drafters containing terms used in patent claims.
  
  
• Black's Law Dictionary (9th ed. 2009) (KF156 .B53)
  Also available through Westlaw (BLACKS)
  
  
• Chisum on Patents (KF3114 .C47)
  Also available through LexisNexis (Chisum on Patents)
  This treatise has a glossary of patent-related terms.
  
  
• McCarthy's Desk Encyclopedia of Intellectual Property (3d ed. 2004) (KF2976.4 .M38)
  Provides straightforward definitions of intellectual property terminology and includes references to secondary sources and cases.
  
  
• Modern Patent Law Precedent (7th ed.)
  Available through Westlaw (MPATLAWP)
  A dictionary that defines "more than 2,000 terms and concepts from patent law."

Other Resources

Patent Searching

The following databases contain the full-text of patents issued, patent applications, and related information.

• USPTO Patent Searching
  Search the full-text of patents issued since 1976 and images of patents from 1790, patent applications published since March 2001, and patent assignments since August 1980.
  
  
• Google Patents
  Google Patents contains information on patents and applications from the USPTO. Viewing images of patents is easier in Google Patents than it is in on the USPTO site, which requires a special plug-in.
  
  
• Westlaw and LexisNexis
  
  
  • Westlaw (US-PAT-ALL) (Patents issued (1976 - ), patent applications (March 2001), and patent assignments (1980 - ))
    
    
  • LexisNexis (Utility, Design and Plant Patents) (Patents issued from 1790 - )
    
    
  • For other databases containing patent filings in Westlaw, see Patents & Copyrights.
    
    
  • For other databases containing patent filings in LexisNexis, see Find Patents.
    

For more information on how to conduct a patent search, see Patent Searching: Tools & Techniques (David Hunt et al. eds., 2007) (T201 .P38).

Government Entities, Professional Associations, Organizations, and Institutes

• United States Patent and Trademark Office (USPTO)
  A part of the Department of Commerce, the USPTO is the agency responsible for issuing patents.
  
  
• U.S. Court of Appeals for the Federal Circuit
  Established in 1982, the Court of Appeals for the Federal Circuit has nationwide jurisdiction over appeals of patent cases and decisions of the Board of Patent Appeals and Interferences. The website has caseload statistics, opinions and orders, court rules, and oral argument recordings.

• ABA Section of Intellectual Property Law
  Special section of the American Bar Association for intellectual property attorneys. The section is responsible for numerous useful publications on intellectual property law, including its magazine, Landslide (KF2972 .L36, May 2009 -, electronically, 2008 - ).
  
  
• World Intellectual Property Organization (WIPO)
  WIPO is a special agency of the United Nations that promotes the protection of intellectual property rights. The website contains a great deal of useful information, including a patent search, statistics, and access to documents and publications.
  
  
• American Intellectual Property Law Association (AIPLA)
  National Bar Association of lawyers involved in the practice of intellectual property law. The website includes amicus briefs filed by AIPLA, comments on proposed rules and regulations, a list of key IP legislation introduced in Congress, and more. Some content is restricted to members.

Sources for Statistics

• Proquest Statistical Insight
  This database contains statistics from U.S. government publications, state governments, international organizations, and private sources as far back as 1973. To find statistics related to patents, search by keyword or by "Subject: Patents" and then apply any relevant filters.
  
  
• Patstats.org
  From the Institute for Intellectual Property and Information Law at the University of Houston Law Center, this site contains patent litigation statistics from 2000 to present. The site also has statistics on jury patent damage verdicts from 2005 to present.
  
  
• U.S Court of Appeals for the Federal Circuit: Statistics
  Caseload and filing statistics (dates vary).
  
  
• U.S. Patent and Trademark Office Statistics
  Links to statistics available from the USPTO website. The USPTO also has a Data Visualization Center, which is a graphical display of key office statistics.
  
  
• WIPO Statistics on Patents
  Statistics from World Intellectual Property Indicators, which obtains its data from national and regional intellectual property offices, WIPO, the World Bank, and UNESCO. WIPO also has a list of links to statistics and reports from national and regional intellectual property offices (like the USPTO).

For more information on statistical sources generally, see our Statistics and Empirical Legal Studies Research Guide.

Further Research Tools

Subject Headings

To find additional sources on patent law in the Georgetown Law Library, search GULLiver by subject using the following select list of subject headings. To find additional subject headings, view the record for a relevant book and click "Find similar items" or "Full Record".

• Patent infringement -- United States
• Patent laws and legislation -- United States
• Patent licenses -- United States
• Patent practice -- United States
• Patent suits -- United States
• Intellectual property -- United States

For more information on searching the GULLiver by subject, see our Searching GULLiver Tutorial.

Other Research Guides

In addition to this guide on patent law, the Georgetown Law Library has other research guides on intellectual property law:

• Copyright Law Research Guide
  
  
• Trademark Law Research Guide

For a list of all our research guides, see Research Databases, Guides and Tutorials.

There are other guides on patent law research that may also be useful, including those listed below. However, you will have to search GULLiver or contact the reference desk to see if the resources discussed therein are available at Georgetown.

• Federal Regulatory Research: Selected Agency Knowledge Paths (Rachel W. Jones ed., 2002) (KF241.A35 F43)
  See the chapter "U.S. Patent and Trademark Office--Patent Information"
  
  
• Introduction to Online Legal, Regulatory & Intellectual Property Research (Genie Tyburski ed. 2004) (KF2979 .I58)
  
  
• Patent Law (Boston University, Pappas Law Library)
  
  
• Patent Law Research Guide (University of Chicago, D'Angelo Law Library)
  
  
• Penny Hazelton, Specialized Legal Research (KF240 .S64)
  See Chapter 11 ("Federal Patent and Trademark Law")
  
  
• U.S. Patent Law Research (George Washington University, Jacob Burns Law Library)

Links 3/13 (ET, MF)
Created 12/10 (MS)