The Patent Right

a$.$ To a patent right holder, what benefits may be reaped by have a patent granted by the USPTO?

b$.$ In view of these benefits, what challenges may arise when deriving benefits from a patent from the legal system?

II$.$ History and Origins of the Patent Right

a$.$ Describe Europe$$s advances in patent law and procedures prior to the $20$th century and its impact on the U$.$S$.$ system? Specify each country$$s contribution.

b$.$ Discuss Queen Elizabeth I and James I influence on the British Patent System and its influence on the U$.$S$.$ Patent system. Namely, what were their specific contributions and compromises? Discuss the intended impact on commerce in the UK$.$

III. U$.$S$.$ Constitutional Basis: Adoption of the Copyright and Patent Clause

a$.$ How might the U$.$S$.$ patent system be if the founding fathers had left patent rights to have state jurisdiction?

b$.$ Discuss the contributions of James Madison, Thomas Jefferson, and Alexander Hamilton to the shaping of U$.$S$.$ policy concerning patents.

c$.$ Discuss the differences between U$.$S$.$ patent system as a result of the $1836$ Patent Act and that under Queen Elizabeth$$s rule?

IV$.$ Foundations of Modern U$.$S$.$ Patent Law

a$.$ Discuss the intangible nature of an idea and how a patent provides remedy for extracting value from information or an idea?

b$.$ Discuss the four incentives of U$.$S$.$ patent law and their relative importance to commerce and innovation?

c$.$ Discuss the importance of U$.$S$.$ patent law in commercialization

V$.$ How Does the Patent $$Right to Exclude$$ Operate?

a$.$ What is an infringement?

b$.$ Discuss the importance of claims relative to infringement?

c$.$ Does in intent matter relative to infringement and why?

VI$.$ What Does One Do with a Patent?

a$.$ Discuss defensive and offensive strategies for utilizing patent rights?

b$.$ What is cross$-$licensing?

c$.$ How have large technology companies like Microsoft and Apple used cross$-$licensing to combat Patent Trolls $($aka Non Practicing Entities or Patent Assertion Entities$)?$

d$.$ Take a position on the whether or not Patent trolls are good for the commercialization of innovation. Discuss your thoughts in light of the articles provided and support your position with data and examples.