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Patent Law Keyed to Adelman
Diamond, Commissioner of Patents and Trademarks v. Chakrabarty
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Plaintiff artificially created an oil-eating bacterium and filed a patent application with three claims. The first two were method claims regarding the method of making the bacterium and the application of the bacteria to oil. Both were approved. The third claim was for the bacterium itself and the Patent Trademarks Office (Defendant) rejected this on the grounds that it was living matter and was not included in Title 35. The appellate court reversed. The Supreme Court granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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