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Intellectual Property Research Guide: Patents

Background

A patent is a monopoly granted by the federal government for a limited period of time to make, use, or sell an invention. Today, patents are granted in the United States by the Patent and Trademark Office (PTO) of the Department of Commerce. The British origins of American patent law extend back to the Letters of Protection to John Kempe, issued in 1331, and the Statute of Monopolies, enacted in 1624. After American independence, under the Articles of Confederation, the power to grant patents was retained by the states. Under the Constitution, the federal government was so empowered by Article I, Section 8, Clause 8. Since Gibbons v. Ogden, 22 U.S. 1 (1824), as a practical matter, the states have not been in the business of granting patents.

The First Congress passed the Patent Act of 1790. Subsequent statutes involving patents were enacted in 1793, 1836, and 1870. During the next 82 years, some 60 additional amendments were enacted. The next major revision came in the form of the Patent Act of 1952, which is the statute still in effect, as amended. This may be found in 35 U.S.C. Sections 1-376.

General Resources in the Law Library

Intellectual Property materials are generally found in the call number range KF2971-KF3193.  Print resources are available in the Academic Success section (or on Reserve) on the 6th Floor or the 10th Floor of the Law Library. Related Subject Headings include the following.

Intellectual property -- United States

Patent laws and legislation -- United States

Patents -- United States

Patent licenses -- United States

Lexis & Westlaw

Both Lexis and Westlaw have subject-specific tabs that can be added to your personal page to help focus your research. Be aware that all resources listed may not be available as part of UIC Law's academic subscription.

General IP Treatises

Jay Dratler, Jr., Intellectual Property Law: Commercial, Creative, and Industrial Property (Lexis). 10th Floor -  KF2979.D72

Michael A. Epstein, Epstein on Intellectual Property. 10th Floor - KF2976.5.E67

Roger E. Schechter & John R. Thomas, Intellectual Property: The Law of Copyrights, Patents, and Trademarks. 6th Floor (Academic Success & Reserve) - KF2980.S3

Patent-Specific Treatises

Eric E. Bensen, Patent Law Perspectives (Lexis)

Donald S. Chisum, Chisum on Patents (Lexis). 10th Floor - KF2994.A47

Ronald B. Hildreth, Patent Law: A Practitioner’s Guide10th Floor - KF3098.H54

Roger M. Milgrim, Milgrim on Licensing (Lexis). 10th Floor - KF3145.A6 M55

R. Carl Moy, Moy’s Walker on Patents (Westlaw). 10th Floor - KF3114 M69

Peter D. Rosenberg, Patent Law Fundamentals (Westlaw). 10th Floor - KF3114 .R723

Patent Nutshells

Martin J. Adelman & Randall R. Rader, Patent Law in a Nutshell. 6th Floor (Academic Success & Reserve) - KF3114.A34 2013

Janice M. Mueller, Patent Law. 6th Floor (Academic Success) - KF3114.M84 2016

Craig A. Nard & R. Polk Wagner, Patent Law. 6th Floor (Academic Success) - KF3113.N38 2008