Patent Litigation Primer

A concise guide to the maddening complexities of patent law.

Patent lawyer Klinck, in the introduction to his debut, says that despite a sharp proliferation in patent litigation, most people know little about the law involved. To put it mildly, he says, “Patent litigation can be daunting to the uninitiated.” This primer gives a general overview of patent law and process, covering basic concepts and substantive legal rules as well as intricacies of litigation, from the filing of a claim to the appeals process. For readers looking for a straightforward breakdown of the basics, the author helpfully begins by describing what a patent is, how one is acquired, and what types of things one can patent. For the more legally savvy, Klinck details different kinds of patent infringement as well as standards for proof and classic defenses against infringement claims. Each chapter comes with an instructive synopsis. Overall, the author structures the book so that it needn’t be read sequentially, making it a valuable and user-friendly reference. The first part even provides a glossary of key terms, or what the author calls “patent litigation lingo.” The author designed this reference work for both the expert and the newcomer, so it won’t help readers trying to disambiguate some of the thornier problems of patent law (plant patents, for example, remain a stubborn mystery). However, it’s not intended for that purpose; instead, it’s an accessible overview for investors and small-business owners confronted by patent issues they don’t understand. It’s hard to imagine the prose being any clearer or the book being any easier to navigate; Klinck even includes a series of appendices that answer frequently asked questions, explain how to craft a response to an infringement claim, and direct readers to additional informational resources.

A well-designed reference work for anyone who needs a quick understanding of the patenting process.