This article addresses the manner by which the principles and rules of United States ("U.S.") patent law are addressed, especially those that are not controversial. We often seem driven to use labels that are misleading to external observers, making the subject seem more complex than it is. The principal misstatements addressed in this article are: (1) saying that under American Invents Act, the U.S. is moving to a first-to-file system; (2) reciting that U.S. patent law has no extraterritorial reach; (3) characterizing the term of a U.S. patent as twenty years from filing; (4) purporting in patent licenses to grant rights to do things, rather than immunities under the licensed patents; (5) mischaracterizing what falls into the public domain when a patent expires; and (6) abbreviating the types of knowledge required for inducement of infringement.
Paul M. Janicke, A Need for Clearer Language About Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012)