Rights and Types of Patents for Intellectual Property

Intellectual property is an exclusive set of rights given...
Intellectual property is an exclusive set of rights given to the owner. These rights are given over intangible assets, "An asset that is not physical in
nature. Corporate intellectual property (items such as patents, trademarks, copyrights, business methodologies), goodwill and brand recognition are all
common intangible assets in today's marketplace" (investopedia.com, intangible asset, 2014) Apatent is the inventors bread and butter of the intellectual
property world.
There are three types of patents: utility, plant, and design. A utility patent is the most common available to individuals who have a mechanical,
electrical, or chemical invention, or have a significant improvement to a process, machine, or composition of matter. It has ... Show more content on
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Design patents are protected for only 14 years from the date the patent was granted. With the protection of these patents, maintenance fees are required
only for utility. "All utility patents which issue from applications filed on or after December 12, 1980 are subject to maintenance fees, which must be
paid to maintain the patent in force. Maintenance fees are due three times during the life of a patent, and may be paid without surcharge at:
Three to three and a half years after the date of issue for the first payment;
Seven to seven and a half years after the date of issue for the second payment; and
11 to 11 ВЅ years after the date of issue for the third and final payment.
Maintenance fees may be paid with a surcharge during the following "grace periods:"
Three and a half years and through the day of the fourth anniversary of the grant of the patent;
Seven and a half years and through the day of the eighth anniversary of the grant of the patent; and
11 ВЅ years and through the day of the 12th anniversary of the grant of the patent."
(http://www.uspto.gov/patents/process/maintain.jsp, 2009)
According to the USPTO the amount of submitted patents has grown dramatically since 1963. The amount of patents applied for (including: plant,
utility, design, foreign and domestic) in 1963 was 90,982. The number of applications has been steadily growing and in 2012, 576,763
... Get more on HelpWriting.net ...

Critique Of Pozzoli Case: Inventive Step Test
Critique of Pozzoli case (Inventive step test)
Introduction
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical
solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S.
2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in
order to be patentable must show an element of novelty, must show "an inventive step", and must be of practical use. Particularly, the Patents Act,
1970 defines "inventive step" as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic
significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new
advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a
requirement to establish the extent of common general knowledge that exists while ... Show more content on Helpwriting.net ...
This case dealt with an invention relating to a windsurfing board. A patent had been granted to the plaintiff for the invention of windsurfing board. The
plaintiffs challenged the defendants for infringing the patent. The defendants on the other hand counterclaimed for revocation of the patent on the
grounds that the claimed invention was obvious and lacked novelty. The Court held that the patent was invalid based on prior use and prior publication.
The Court found that the invention in question was an obvious improvement and that a person skilled in the art could anticipate the design of the
surfing board. The Court laid down the following tests to be followed while assessing inventive

Genetic Discoveries And Intellectual Property Rights
Genetic Discoveries and Intellectual Property Rights
As technology has change, grown, and evolve so has the application of the Canadian Patent Act. Which before was used to deal with inventions that
could be shown with prototypes, the Act is now being used to protect more abstract innovations, such genetic material.
Patents cover new inventions such as process, machine, manufacture, composition of matter, or any new and useful improvement to an existing
invention . Patents represent a contract between an inventor and society. By granting 20 years market exclusivity, patents create the potential for
inventors to generate high monetary returns on their successful innovations and discoveries. In exchange, the inventor provides a complete ... Show
more content on Helpwriting.net ...
In order for any discovery or new invention to be patentable, as stated by the Canadian Intellectual Property office "the invention/discovery must show
novelty, utility, and ingenuity. Novelty: you must be the original inventor or the person who discovered what you are trying topatent. Utility: a valid
patent cannot be obtained for something that does not work, or that has no useful function. Ingenuity: To be patentable, your invention/discovery must
be a development or an improvement of an existing technology that would not have been obvious beforehand to a person of ordinary skill in the
technology involved."
Gene Patenting in Canada
Patents are necessary for technology to flourish. They provide an economic incentive to take the initial costs of researching and developing of new
inventions and discoveries, which later on benefit and advance society. Without the protection of patents, as soon as a product enters the market,
competitors would be able to copy and manufacture and sell the product directly without having to take the initial costs, that others have, which risks
putting a stop to the creation and development of new discoveries that continue to benefit society.
In Canada, gene patents are subject to the Canadian Patent Act. Which intends to "stimulate the creation and development of new technologies". A
patent lasts 20 years and gives its holder the exclusive right and liberty of making, manufacturing and using the invention and selling it to

Patent Indirect Infringement Of Patent Infringement
1.Introduction
Patent indirect infringementпјЊas the name impliesпјЊis opposite to patent direct infringement. Generally, the conception of patent indirect
infringement is to meet the need of pantent protection. It expands the protection domain of the patent right to the no–patented products, improves patent
protection's horizontal and provides sufficient legal protection for patentees.
Nowadays, more and more countries ordain the system of indirect infringement in their patent laws in order to protect the patentees effectually, and the
system of indirect infringement has become a full–blown law operating mechanism in the protection of patentees. But so far it is not prescribed in
Chinese patent law. However, as China is more and more ... Show more content on Helpwriting.net ...
2. Case Description(Actavis V Liily [2015] EWCA 555 (Civ))
In June 2015пјЊEli Lilly won a patent case to Actavis in the the Court of Appeal in London. The case was about Lilly's key blockbuster Alimta lung
cancer drug, which was granted a Patent (EP 1 313 508 B1) on April 18 2007. The decision of the Court of Appeal overturned the decision last year in
UK high court, and would also apply to France, Italy and Spain.
At the first instance, Mr Justice Arnold used " the improver questions " to decide that there was no direct or contributory infringement of using generic
products containing pemetrexed diacid, pemetrexed dipotassium or pemetrexed ditromethamine. In that decision, Mr Justice Arnold relied on the
prosecution history of the patent and concluded that during prosecution of this case, Eli Lilly had narrowed the claims

Legal Laws Of The U. S. Drug Patent Laws
U.S. Drug Patent Laws Some pharmaceutical companies are feeling grief from a decline in research slump but the issues are more serious in
reference to the United States intellectual property laws on which these same companies need to inflate their profits. Maybe the focus should be on
an idea that came about several years ago. Give drug patents a shorter term of 15 years but don't start the clock until the FDA approves the drug.
Although this may sound like a simple process, it is unlike how the system works at this time. Currently, patents shield drugs from imitation types for
up to 20 years after the drug is developed. This does not make pharmaceutical companies happy since it can take eight years give or take after
development to... Show more content on Helpwriting.net ...
A flawlessly competitive market has several different representatives selling the exact same products. These representatives are considered to be
price takers in reference to the competition. Price takers are firms that have no market power. They simply have to take the market price as given
(Lumen, 2017). A monopoly starts when a single company sells a product that cannot be reproduced. Microsoft is a perfect example of a company
that is seen as a monopoly due to its control of the operating systems market. Monopolistic competition involves many firms competing against each
other, but selling products that are distinctive in some way. For instance, stores that sell different kinds of apparel; eating places or markets that sells a
variety of food. You can even think about sporting goods and alcohol. These are items that may be similar to a certain extent, but totally different in
terms of perception because of the brands, and how they are marketed. When merchandise is unique, firms can have a mini–monopoly on a certain style
or a certain brand. However, the companies that make these products have to compete with other brand names. The term monopolistic competition
captures this mixture of mini–monopoly and tough competition. Another type of competitive market is oligopoly. Oligopolistic markets are pretty
much controlled by a small amount of firms. A good example of this

The World Trade Organization and Intellectual Property Rights
I. INTRODUCTION
One of the most controversial provisions of the World Trade Organization's (WTO) Agreement on Trade
–Related Aspects of Intellectual Property Rights
(TRIPS) patent regime is the compulsory product patent protection for pharmaceutical inventions. In order to comply with the TRIPS obligation, India
introduced product patent protection from 1 January 2005. In doing so, India in a way reinstated the patent regime, which is believed to favour the
pharmaceutical Multinational Corporations (MNCs). While carrying out the amendment, Indian policy makers were confronted with two major
concerns, viz. the future of the Indian pharmaceutical industry and access to affordable medicines within the country and other developing countries.
Thus the "major concern was how the adoption of intellectual property regimes would affect their efforts to improve public health, and economic and
technological development more generally, particularly if the effect of introducing patent protection was to increase the price and decrease the choice
of sources of pharmaceuticals". To make use of the flexibilities available within and outside of TRIPS turned out to be the most pragmatic solution
available for developing countries, including India, to address the concerns on the availability and accessibility of medicines. According to this
approach, TRIPS provides only minimum standards of protection and does not set the universal common standard for the

Advantages And Disadvantages Of Compulsory License
A compulsory license is an authorization given by a national authority granted without the permission of the patent/IPR holder. Historically speaking, a
compulsory license can be invoked on one of the various grounds, and should be issued on a case–by–case basis. Using compulsory license is one of
the flexibilities retained under TRIPS, and hence permitting Member States to determine the appropriate circumstances within certain limits.
Particularly, compulsory licensing provisions in India have been under criticism regarding compliance with international treaties. The Indian Patent Act
does not confine the grounds to public health needs only. The grounds and types of compulsory license under the Indian Patent Act are listed in Table 3
succinctly. This part would discuss the failure of working (non–working), the especially contested grounds in the following passages. 1.The Rationale
behind the Local ... Show more content on Helpwriting.net ...
In order to adjust high prices brought by granting exclusivity to IPR owners, some countries assert that using local working requirements as a means to
the end. Labeling this rationale as "protectionism," Cottier et al. argue that there are still other useful means to achieve the same end, such as
increasing foreign direct investment (FDI) or reverse engineering. The positive relationship between FDI and IPR protection has long been argued,
while the latitude for competitors to reverse engineer is decreasing owing to the higher harmonization pressure from IPR maximalist countries.
Conversely, the quality of human resources and business environmental soundness maybe has more influence on FDI. Professor Ragavan points out
with discernment that countries having increasing FDI are actually the countries recognized to have disreputable fame in IPR protection once before,
such as China and

International Laws And Its Effects On Public Health
Patents have always been a burning topic of discussion due to its mixed response in the human society. Some people eulogize patents at the same time
some criticize it for the impact on public health. Companies that develop and market patented drug always commends about the essential benefits of
developing drugs to the society. In contrast, consumer always complains about the patents being the rationale behind unreasonably high price of the
life–saving drugs and its limited access.
Although there is a continuous debate pertaining to this matter, International laws has made the patent mandatory. This law governs only for those
countries who are the members of the World Trade Organization and falls under the WTO side agreement known as... Show more content on
Helpwriting.net ...
These information includes their scientific, legal and commercial aspects corresponding to patent requirements. Second part of the book is more
focused on international legal system related to global access to medicine. Finally, the third part of book, which emphasis on the change over time
brought about into the legal system pertaining to the patent right to make the medicine easily accessible globally.
First chapter tells us about the drug development process. This chapter illustrates the difference between patented and generic drugs, how they are
made, approved and sold in market. Further, this chapter explains the legal formalities related to the protection of these drugs and different laws of
countries pertaining to the marketing of these drugs.
Second chapter is based on the basic concepts of patent rights. This chapter has tried to explain the preexisting beliefs of some countries related to
international patent laws. Most of the beliefs were concerning the operational model of patent–owning pharmaceutical companies, which according to
them isolate themselves to maximize their own profit by acting as monopoly. They also talked on the issue related to international exhaustion and
parallel importation i.e. the supply of the patented product available in one country to be imported to other country without breaching patent law.
Chapter three explains the formation of TRIPS as the stepping stone of all the international laws

Patent Trolls Research Paper
Memo to Congress: Help Small Business by Deterring Patent Trolls
Darrell Issa (Republican of California), the incoming chair of the House Intellectual Property Subcommittee said recently (http://blogs.rollcall.com
/technocrat/issa–to–head–house–judiciarys–courts–intellectual–property–and–the–internet–panel/?dcz=) that legislation to curb patent trolls is high on
his agenda. That's good news for small business owners who have faced a growing problem in recent years – letters from trolls demanding payment for
alleged patent infringement. When House–passed legislation to curb the problem stalled in the Democratic–controlled Senate last year, small business
owners were left without a Congressional solution.
Patent trolls are businesses that acquire intellectual property for the sole purpose of collecting damages for infringement. More often than not they
employ unscrupulous tactics to extract compensation from alleged infringers. One commonly employed technique is to send a vaguely worded letter
alleging an ill–defined infringement and demanding that the recipient take a license to the troll's ... Show more content on Helpwriting.net ...
The American Intellectual Property Law Association (AIPILA) (http://www.aipla.org/learningcenter/library/books/econsurvey/Pages/default.aspx)
estimates that the average cost of defending a patent infringement case is $650,000 for lawsuits of $1 million or less and $2.5 million for those of $1
to $25 million. Because patent trolls know that many small companies lack these kinds of dollars for a fight over intellectual property, they often ask
for relatively small sums of money – in the tens of thousands of dollars. The difference between the trolls' demand for compensation and the cost of
defending an infringement charge gives small business owners a strong incentive to pay up rather than

The Use of Compulsory Licensing as a Policy to Combat the...
This paper examines the use of compulsory licensing as a policy to combat the monopoly problem associated with the patent system. It introduces the
notion of an optimal patent–one where the patent life and the licensing royalty rate are both determined optimally. Under certain simplifying
assumptions it is shown that the optimal patent will have an indefinite life, for both process and product innovations. Some preliminary calculations
suggest that the use of compulsory licensing may lead to substantial welfare improvements, even if the patent life is left unchanged at 17 years.
India has put in place a patent regime that allows the grant of patents for both products and processes for all eligible inventions. The changes made in
1999, 2002 and 2005 have been ostensibly to comply with its WTO ob–ligations on intellectual property. How–ever, an analysis of the changes
suggests that there were some in Indian industry and government who believed that stronger patent protection, even beyond what is required under
India's international obligations, will attract local R&D as well as foreign direct investment.
It is universally recognized in patent laws that an invention must meet the triple criteria of novelty, inventive step (or be non–obvious) and industrial
applicability (or utility) in order to be granted a patent.
NEED FOR PATENT:
In the 2005 amendment, in the case where patent applications were filed in the 'mailbox' between 1995 and 2005, and these were commercially

Design Patents : A Design Patent
A.Design Patents Can Protect Simple Ornamental Designs Elements.
A design patent can be declared invalid, and thus unenforceable, if the design patent claims primarily functional elements rather than primarily
ornamental elements or if there is prior art that serves inspiration for the competing products. Courts utilize various factors in determining whether a
claimed design is dictated by functional as a whole, or whether its ornamental elements can be separated from the functional elements. In High Point
Design v. Buyers Direct, the Court found that designers made choices that are clearly separable from the functional elements of a shoe. Further, the
Court used its opinion to restate that it is a design patent prerequisite that the article in question be an article of manufacture. Suggesting that most
manufactured articles serve some function, it would be against congresses intent to interpret the law in such a manner. Similarly, in Apple Inc. v.
Samsung Elecs. Co., the Court states that ornamental elements of functional components are the breadth of the claim and should not be excluded for
their placements.
It is clear that simple products are design patentable, as long as the requirements are fulfill. Innovation and simplicity are not mutually exclusive, in fact
innovation often comes in the form of creating more user friendly products. Similar to both Apple Inc. v. Samsung Elecs. Co., and High Point Design v
Buyers Direct, Maptote manufactures

Who Did NOT Discriminate Against Foreign Patentees?
Mueller states a working requirement bears the expectation of forcing a patentee to manufacture domestically, thereby eventually increase capital
investment and job creation. She argues that this requirement is only facially equally applied, but de facto discriminates against foreign patentees.
Therefore, according to this view, the "requirement" violates article 27.1 of the TRIPS Agreement and the legislation is aimed to protect and create
incentives for indigenous industry. This argument follows the conclusion of discriminatory treatment between foreigners and domestic industry.
Regarding this point of view, the IPAB ruled that the Controller did not discriminate against a foreign patentee in its Bayer v. Natco opinion, because the
patent was granted. This thesis argues the IPAB correctly held discrimination not able to be found, because patent rights indeed... Show more content
on Helpwriting.net ...
Paragraph 5 of the Preamble of the TRIPS Agreement provides that "the underlying public policy objectives of national systems for the protection of
intellectual property, including developmental and technological objectives" Accordingly, the Preamble is not an operative provision. Therefore,
Professor Grosse Ruse–khan suggests that the position of the Preamble "merely opens a door" for other national interest to be taken into consideration,
nonetheless the interest would not necessarily prevail. He contends that non–economic interest would be only considered as an "exception" to the right.
Through the use of the flexibilities embedded in TRIPS, Professor Gervais contends the Preamble recognizes developing countries' need to realize their
developmental objects, such as innovation policy. However, he also stresses that the flexibility should be used in a manner that "[creates] a sound and
viable technological

Crisis in Software Patents and Copyrights Essay
Crisis in Software Patents and Copyrights
Introduction
Gaining the knowledge and skills to provide computer technology products, services and software requires a significant amount investment of both
time and money. The individuals who do such a work should receive financial rewards for their efforts. These rewards create an atmosphere of
creativity and competitiveness that becomes a driving force of the economy of the world. The products of this creativity must therefore be protected
and we call it intellectual property. Simply, intellectual property is a product of human intellect that has a commercial value. There are three major
mechanisms that US law offers to protect software intellectual properties. These are trade ... Show more content on Helpwriting.net ...
To summarize, a copyright protects a particular piece of software, and a patent protects the idea embodied in the software.
One weakness of copyright law is that even though it prevents someone from copying the expression of an idea such as a program or screen images, it
does not prohibit from writing code that uses the same idea. In contrast, patent laws protect ideas such as algorithms, functions, systems or techniques
incorporated in the software but not the source code itself. Although it is fair to protect inventors from software piracy and infringement, existing
software patent and copyrights laws already brought ultimate crises in software industries and societies.
This paper will discuss the impacts of several crises involving software patents and copyrights by analyzing the affected stakeholders. The questions
we will try to answer are:
Will software patents laws force to halt programmers?
What if the software copyright laws accomplishes globally?
At the end of each discussion, I will look at the moral issues from theological and deontological ethical perspectives.
Will Software Patent Laws force to halt programmers' creativeness?

One of the big issues in software industry is the creativeness of developers are being trapped. How is this true?
Software Patents are increasing exponentially. Figure 1 shows two estimates. One is by Greg Aharonian, a software patent expert, and the other is
based on patent specifications

Bibliography On Intellectual Property Rights
Contents Page Overview of intellectual property rights and how it relates to Computing3 Introduction3 What are Intellectual rights?3 What is Patent?4
What is copyright?4 Why patent over copyright5 Patentability for and against5 Work arounds6 Overview of intellectual property rights and how it
relates to Computing Introduction An ongoing debate is rife in the world of law as to whether computing has its own law. However this debate had
risen to both national and international levels before it was quelled by individuals such as Judge Frank Easterbrook, who stated in a ground–breaking
paper that there is no such thing as computer law (Easterbrook, 1996). What is commonly called computer law actually refers to a myriad of
connected concepts that exist in current case law, and said laws are subsequently applied to the claiming of intellectual rights for technologies of
computer software, e–mail, security theorems and the Internet and other such networks. An offshoot of this debate has been further calls for
clarification as to the specific nature of intellectual protection of software, an example of which is the EU directive draft on the Patentability of
software and other computer–based inventions. The draft is being discussed in order to unify the interpretation of the national patentability
requirements and despite it being rejected in 2005, the very existence of this draft highlights the complex nature that enshrouds how software is
perceived and subsequently

Trademark Vs Patent Law Essay
As much as both trademark and patent laws are bother covered by intellectual property protection, there are some core differences, especially since
both laws do protec unlike assets. The difference between patent and trade mark law is that, patents give exclusive righs to individuals who invent to
keep others businesses from making, using or selling of their innovations without their consent. On the flip side of that,Trademarks, are not worried
with how new inventions are utilized. Insteads, they secure names of services, products and logos, services and different gadgets.For example, sounds,
color and scent – that are utilized to recognize the oriigin of products or services and this helps to create seperations amongs the opposition. Normally,
trademark and patrent laws dont overlap each other. With regards to the design of a product, however, lets say, the design of a watch or a particularly
formed T.V set– it might be conceivable to acquire a design patent on the decorative or design part of the ... Show more content on Helpwriting.net ...
While a trademark can be greatly significant to its proprietor, a definitive reason for a trademark is to protect purchasers meaning, the purpose of a
trademark is to illuminate the shopper where the products or services came from. The purchaser, knowing were the product originated can help urge the
custometer to decide on purchasing the good based on earlier knowledge or experience, and reputation.
A trademark alludes to the utilization of a symbol, name, mark, or signature, or gadget utilized as a means to separate an item from others its by
demonstrating its origin. On the other hand, a patent alludes to inventions that concedes specific rights to the inventor of the item or product.
At the end of the day, a trademark alludes to the brand name of an item, while a patent alludes to an invented

Supreme Court Case: Alice Corp. Vs. 35 US
I. Introduction
The Supreme Court's Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision changed the scope of patent subject matter eligibility under В§ 101. Since the
Supreme Court's decision, the patent litigation fora has seen a significant increase in the number of motions to dismiss under 35 U.S.C. В§ 101.
II. Alice and the Creation of the В§ 101 Rabbit Hole
In the United States, patent–eligible subject matter includes four statutory categories as defined by 35 U.S.C. В§ 101 of the U.S. Code. Specifically,
these four categories include "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement
thereof." In 2014, the U.S. Supreme Court in Alice Corp. Pty. Ltd. v. CLS Bank Int'l further expanded... Show more content on Helpwriting.net ...
В§ 101. However, since the Supreme Court's Alice decision on June 19, 2014, through May 31, 2016, district courts have issued 97 decisions on
these types of motions. This is nearly a 400% increase in the total number of motions to dismiss filed since Alice. By a mere glance of the statistical
data, one can see the rising number of motions to dismiss based on invalidation of claims directed to patent–ineligible concepts is the direct result of
the Supreme Court's Alice decision in mid–2014. In addition to the fact that the two and a half years prior to Alice, district courts decided only 20
decisions on these motions, the total number of these motions experienced a downward trend each year prior to Alice. In 2013, district courts saw a
decrease of 30% in the total number of these motions filed compared to 2012. Similarly, in the first half of 2014, district courts saw a decrease in the
total number of these motions filed compared to

Computing Ethics And Globalization
Patents John Thompkins
Student
jthompki@uccs.edu
ABSTRACT
In this paper, we discuss patents as it relates to computing ethics and globalization.
General Terms
Your general terms must be any of the following 16 designated terms: Algorithms, Management, Measurement, Documentation, Performance, Design,
Economics, Reliability, Experimentation, Security, Human Factors, Standardization, Languages, Theory, Legal Aspects, Verification.
Keywords
Keywords are your own designated keywords.
1.INTRODUCTION
A patent is a grant generally given by the government of a country certifying that a particular individual or group was the creator of an invention or
innovative process. The patent holder is given exclusive rights to their invention ... Show more content on Helpwriting.net ...
Prior to this intellectual property was addressed in the American Constitution stating that inventors would have exclusive rights to their discoveries. The
Patent Act made patents last for fourteen years and gave inventors exclusive rights to their invention. There was no possibility of extending this time.
Many inventors argued that this was unsatisfactory and that since inventions could take many years to initially be commercialized they did not have
much time to make use of their patent. Another key point in the act was that foreigners were not allowed to apply for patents. The Secretary of State,
the Secretary of War, and the Attorney General were the only three people initially given power to approve or reject patents. Patents were examined by
these three to ensure applications met the given criteria but this process was criticized as taking an unreasonable amount of time to complete. It could
take months before a patent was sufficiently examined.
2.3 Patent Reform
There have been a multitude of times in history where patent laws have been either updated or thrown out. The Patent Acts of 1793 and 1837 are two
such cases. These acts reformed how patents were processed, changed what the criteria for patents were, and organized how patents were filed. In 1849
the Department of the Interior became responsible for managing patents. The Patent Act

U.s. Patent Law And United States Essay
In the United States, both U.S. Patent Law and U.S. " Food and Drug Administration" (FDA) law govern the exclusivity rights for new pharmaceutical
products. As Chinese companies invest research time and money in developing new drugs, it is important to keep in mind both the relevant U.S. patent
law and the applicable FDA law that could affect the exclusivity period for that drug in the United States. Mistakes in not obtaining proper patent
coverage or satisfying the FDA laws could cost the drug company valuable exclusivity rights when that drug is sold in the United States. For a
successful drug, the lost of exclusivity rights usually means the loss of substantial revenue and profit.
How can a drug innovator have exclusivity in the United States without a patent? The FDA will give a five year exclusivity period for a "new
chemical entity" (NCE) used in a drug. What does this mean? During this five year exclusivity period, no other company can submit an "Abbreviated
New Drug Application" (ANDA) to the FDA seeking approval of a drug product containing the NCE. This exclusivity period rewards the innovator
for all of the research and development effort, including expensive clinical tests to show the safety and efficacy of the NCE that must be done to
support a "New Drug Application" (NDA). The five year exclusivity period allows the NDA holder to recoup this investment. Importantly, this
exclusivity occurs regardless of whether or not a U.S. patent has been issued.
An ANDA

Patent Laws And Its Legal Justifications
About a third of the total world population has no access to essential drugs, and more than half of this group lives in poor regions of Asia and Africa
(Sterckx 21). There are many factors that affect the accessibility of drugs to patients in developing countries, one of them being the patent system. Patent
is an intellectual property right that relates to innovations and grants exclusive ownership right of an invention to a patentee, and protects the patented
product to reproduction, using, selling, importing, or process producing the patented product (John and Wendy 1). This paper explores the patent law
in India in relation to its legal justifications(domestic and international), as well as the ethical considerations in relation to patent medical drugs. The
purpose of the patent system is to encourage innovations by ensuring that they are protected and utilized in a way that contributes to the development
of industries, and to promote technological innovation and dissemination of technology (John and Wendy 1). Patent laws are territorial in nature and
are not enforceable to another country from which they were not issued unless there is separate patent applications filed in those countries. However,
when it comes to protecting medical drugs, the patent system becomes a controversial issue, and this majorly relates to the provision of drugs in
developing countries.
While patent protection for pharmaceutical products in the developing world may serve to promote the

Apple Inc. v. Samsung Electronics Co.: An Exploration of...
Apple Inc. v. Samsung Electronics Co.:
An Exploration of Patent Law and Ever–Evolving Technology
April 15, 2011 marks the date that kick–started the most high–profile US design patent cases of all time; a lawsuit that could possibly change the face
of technology as we know it. Apple Inc. sued Samsung Electronics Co. on the grounds that Samsung's smartphones as well as tablets infringed upon
Apple's technology and design patents (Apple Inc. v. Samsung Electronics Co., 2013). Deemed by the United States Court of Appeals for the Federal
Circuit to be "The Patent Trial of the Century", the case drew an extraordinary amount of worldwide attention, grabbing the headlines and taking center
stage. The jury found that Samsung had infringed ... Show more content on Helpwriting.net ...
Supreme Court case of Gorham Co. v. White in 1871. According to this precedent case, infringement occurs if two products appear to be similar
enough for one to have inspired the other. In 2008, another clause was added to the test that stated it should be conducted "in view of the prior art"
[Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008)]. Prior art is an earlier publication that shows a similarinvention. The obvious standard
requires the patent office to view the manner in which the invention occurred to insure the innovation was not made obvious by another idea at that
period in time. When determining whether or not a product accused of infringement has truly crossed the line, investigators are asked to use everyday
perceptions, discernment, and awareness (Carani, 2012). This idea of patenting technology has been long debated. In some ways, patents help push the
boundaries and expand the horizons of technology. Patent laws help protect innovators who create never–before seen technology from having their idea
stolen and mass produced by a competing brand name. Furthermore, these laws encourage these visionaries to be the first to brainstorm and develop a
game–changing idea or to take a good idea and expound upon it. The Coalition for Patent Fairness is a group of companies dedicated to "enhancing
U.S. innovation, job creation, and

Case Analysis : ' Utility Patent Law ' Essay
Utility Patent
Xinyu.Zhang (Sirie)
IT266
12/12/2016
Utility Patent
Utility patent is the most well–known patent. It is belong to the protection of intellectual property. However, applying to it is a big challenge foe both
money and time. Utility model is easier to apply, but it isn't recognized in the U.S. Because of the patent law is enacted by the country, so different
countries have their own explanations. This paper will focuses on the U.S, Chinese patent law. What is patent? Patent is one way to protect intellectual
property. The other ways that can protect intellectual property are through copyright and trade secret laws. These three laws protect distinct subjects.
Copyright will protect the work with authors, such as arts or books. Trade secret will protect an organization's important information that are unknown
by the public. Patent will protect inventions and it's certificated by United States Patent and Trademark Office (USPTO). Once the organization or the
person has the patent, the patent's owner will have the monopoly for this subject and can sue the others "patent infringement" if they use or sell the
invention without owner's permission. Even if someone is using the invention without previous known about the owner's invention, it's also not legal.
Different patents have the different valid statutory period. After it's expired, the patent owner need to pay for the maintain fee in order to keep the
patent. And the U.S patent is

Product Of Nature And The Patent Law
PATENT LAW PROJECT
ON
THE ISSUE OF 'PRODUCT OF NATURE ' IN PATENT LAW
SUBMITTED BY:
POORVI SHAH
FOURTH YEAR
SECTION–A
ID– 211035
WBNUJS
THE ISSUE OF 'PRODUCT OF NATURE ' IN PATENT LAW
INTRODUCTION
There exist several areas where further research and development is essential to promote the longevity of mankind and enhance the quality of life, and
since the aim of the patent system is to promote innovation, it incentivises the same by looking after the financial aspect of the research through funds
and research grants. At the same time, certain domains of extremely important research, requiring heavy funding, fall into the patent–ineligible
category, hit by one or more of the clauses of the patent related ... Show more content on Helpwriting.net ...
A CHRONOLOGY OF SELECTIVE JUDGEMENTS ON PRODUCT OF NATURE
A product of nature could be understood as something which exists in nature and the invention or discovery of which is bereft of significant human
intervention. Ex parte Latimer was one of the earlier cases which disallowed for a patent for a natural product. The Judge opined that the fibre for
which a patent was requested existed in a natural state in the needles of the Australian pine and its existence was also known of. However, a couple of
decades later, in Parke–Davis & Co. v. H.K. Mulford Co., a purified version of adrenaline was found to be patent eligible by Judge Hand, who stressed
on the difference in kind, not in degree. The US Supreme Court found an aggregation of naturally occurring non–inhibitive microorganisms to be
lacking for a patent . While the Court accepted that the combination was a step forward and useful, the fact remained that the state of inhibition was its
natural state and had nothing to do with human intervention, and hence, this naturally occurring phenomena ought to be part of the common
knowledge for all men.
One of the major cases , post the enactment of the 1952 Patents Act held that there was nothing in the wording of the statute that disqualified a

Patent Laws
The U.S. has one of the best patent law systems in the world, but there are still those who take advantage and control it. Patent laws are made to protect
innovators with there products from others attempting to steal their unique ideas. However, some people try to abuse these laws by creating companies
that buy multiple patents and these companies are called patent trolls. Non–Practicing Entities (NPEs), widely known as Patent Trolls, never make the
products that they buy patents for and instead wait till someone else uses the same concept no matter how small and then they swoop in and sue the
real innovators. Patent trolls create distrust in the innovation atmosphere and put fear into inventors. They disrupt the innovation industries that... Show
As a nation and as one people we need to come together and push our government to stop being influenced by patent trolls. We need the
government to go back to being for the people as it was made and set up to do. Patent trolls have too much influence in the judicial system and
have laws created just for them, which will only put us down as a nation. NPEs only care for their own benefit and it hurts the rest of the world.
Some say that it is their right to do so and they are using their freedom, but they fail to realize that there freedom is being lost to these large patent
troll corporations. Patent trolls are only causing constant problems in the economy and are driving away innovation, which we as a country and
world need to bring back together as one. No matter what people say they need to realize that at the end of the day NPEs, patent trolls, have all these
negative affects just for their own selfish personal benefits. Patent trolls have a tight grip on every aspect of the innovation world and it needs to be

The Impact Of Globalisation On Patent Law On Developing...
COVER–SHEET FOR PRE– SESSIONAL COURSEWORK
Module Code: Law Pathway
Group 1
Name of staff member for whom the work is intended:
Mira Shapur/ Mark Holloway
Your Details
Family Name Seeherunwong
First Name Apapan
Student ID 140493597
Declaration
"I certify that this coursework that I am submitting is my own work, that it has not been copied in part or in whole from any other student, and that
any ideas or quotations from the work of other people, published or otherwise, are fully acknowledged"
Signature
Please attach this sheet to the front of your work before submission
Queen Mary Univeristy of London
Pre–sessional Programme 2014 – Course C
September 5, 2014

Discuss the impact of globalisation on patent law with respect to developing countries and pharmaceutical patent
(Word count: )
Name: Apapan Seeherunwong
Student Number: 140493597
Class1, Mira Shapur/ Mark Holloway
Discuss the impact of globalisation on patent law with respect to developing countries and pharmaceutical patent
While globalization has raised the standard of health care in developed countries, it has failed to raise the standard of living in developing countries and
it continues to be difficult for such countries to access pharmaceuticals. Risks to public health are increasing in developing countries for many reasons
including the high cost of medicines, insufficient production, and lack of research and development. Thus, one–third of the world 's

Harmonization Of International Patent Law
Today, business often crosses the boundaries and thus inventors are required to protect their inventions in the countries where they wish to operate.
Patent systems of different countries are different and this creates much problem. They are often very reluctant to do business in countries where
protection is very less or almost nil for their invention. Thus, neither inventor nor the countries enjoy the benefit of patent. If we examine rules of
different countries then many differences can be found but at the same time many similarities can also be traced out. However, by effort and
cooperation many of these differences can be minimized. Harmonization is considered as a tool for minimizing these differences of patent system of
different countries.
The term 'harmonization' can be defined in many ways. In its narrow sense, it can be defined as, "countries negotiating agreement to follow the same
substantive regulation". Hansson has given a broader definition of harmonization as "the coordination of economic policy actions and measures in
order to reduce international differences in such actions."
Harmonization of international patent law means creation of uniform patent laws around the world. It can be said that it means the patent rules which
are streamlined and made equal in all national and regional patent system. Thus, we can say that the term harmonization is a very broad concept and
includes every measure to bring patent system of different countries together so

Advanced Topics in Patent Law
The Patent Reform Act
INTRODUCTION
The USPTO has been unable to keep up with its workload, resulting in major delays. There have also been questions about patent quality and
increased litigation. The last time the patent system was updated was more than 50 years ago. Since then, there have been major improvements in
science and technology. Recent Supreme Court decisions have made it clear that it has been easy for questionable patents to be obtained and difficult
to challenge them. However, it is not up to the courts to change the law, this is a task for Congress. As Senator Leahy has stated, "[if] we are to
maintain our position at the forefront of the global economy and continue to lead the world in innovation and production, we ... Show more content on
Helpwriting.net ...
This is because small patent holders are obtaining patents for products that they do not sell or manufacture, wait for a large company to infringe, and
then demand a high royalty to continue to make the patented product. These small patent holders are disparagingly called "patent trolls." The
Coalition for Patent Fairness agreed with Supreme Court Justice Kennedy in his concurring opinion in eBay Inc v. MercExchange, L.L.C., 126 S. Ct.
1837 (2006) which noted that, "An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead,
primarily for obtaining licensing fees." Employees at large firms are now spending a great deal of time in litigation rather than on innovation.
Some of the companies that are members of the Coalition for Patent Fairness include: Apple, Comcast, Dell, eBay, Hewlett–Packard, Intel, Microsoft,
Palm, Inc., and Time Warner. A number of other institutions and experts have also joined the coalition including the Federal Trade Commission and the
National Academy of Sciences.
2.Coalition for the 21st Century Patent Reform
The Coalition for the 21st Century Patent Reform ("the Coalition") is made up of more than 40 pharmaceutical and technology–based corporations.
Each of the members of the Coalition operates major research, development, and manufacturing facilities in the U.S. and sells their products abroad.
Members of the coalition believe

Software Patents and Copyright Laws Destroy Free Competition
Software Patents and Copyright Laws Destroy Free Competition
Introduction
If Haydn had patented "a symphony, characterized by that sound is produced [ in extended sonata form ]", Mozart would have been in trouble. Patent –
a writing securing to an inventor for a term of years the exclusive right to make, use, or sell an invention; or it may be the monopoly or right so
granted[i].
The traditional rationale for patents is that protection of inventions will spur innovation and aid in the dissemination of information about technical
advances. By prohibiting others from copying an invention, patents allow inventors to recoup their investment in development while at the same time
revealing the workings of the new invention to the ... Show more content on Helpwriting.net ...
We will look into patent law of different countries and then we will see how it will affect the Indian sub–continent. At the end I will do an ethical
evaluation of the issue along with my standpoint on the issue raised. Much of the content of this paper may seem to be influenced by the idea of
Stallman, as I completely agree his view on this subject and respect his view.
Software Patent/Copyright Laws
What is Patent and Copyright Laws ?
In effort to save/protect the innovators and rewards them all the countries around the world has some or other form of patent. Some places the law
gives one the ability to patent anything he/she wants or other have imposed a restriction what the innovation means when we think or talk about the
software program and the algorithm. To reward the innovator the lawmakers has took a step further and added a term (time) for which one can own the
patent and different country has different regulations about this.
To copyright and patent laws are really two different thing that cannot be mixed together. The basic differences between copyrights and patents: a
copyright deals with a particular work, usually a written work and it has to do with the details of that work. Ideas are completely excluded from it.
Patents, by contrast – well, patent covers an idea. It's that simple and any idea that you can describe – that's what a

Software Patents : Are They Worth It?
Ethics Paper
Software Patents – Are they worth it?
Ajmal Kunnummal
Fall 2014Software Patents
Are they worth it?
History of Software Patents in the US
The level of patentability of computer software has not always been clear cut in the United States or around the world. The laws and interpretations of
them have changed from the time software came to use. The ease of patentability used to be much higher in the 60s then kept coming down for a few
decades. It is still a contentious subject and it is not sure that the current status quo will hold for long.
Through the 60s and 70s, the U.S. Patent and Trademark Office was very reluctant to grant patents to inventions relating to computer software (Beck &
Tysver). In Gottschalk v. Benson,... Show more content on Helpwriting.net ...
After this decision, it became very easy to obtain a software patent in the US as the requirements to qualify were very easy to meet. What is Patentable
Now?
In recent years, the patentability of software has started to come down (Beck & Tysver). In the decision, In re Bilski, 2008, the Federal Circuit
rejected it's earlier holding that software is patentable if it provided a useful and tangible result. It replaced it with the 'machine–or–transformation test'.
This test holds that a process is patentable if either "it is tied to a particular machine or apparatus" or "it transforms a particular article into a different
state or thing." It rejected the patent in question because it failed this test. (In re Bilski, 2008).
In Bilski v. Kappos, 2010, the Supreme Court rejected the machine–or–transformation as a definitive test to check for patentability and partially
overturned the In re Bilski decision. It stated that the test can only be used as a guideline, not as rule. It did not however give us any other test or
analysis by which a process should be considered patentable. It also did not change the Federal Circuit's decision on whether the Bilski patent was
eligible.
Even though the machine–or–transformation test cannot be used as definitive test after Bilski v. Kappos, it is still used as an important guideline by
the USPTO and many courts. Something is not considered patentable if it's directed to an abstract idea and and the

Patent Law And The Patent System
Patent law provides the strongest monopoly rights of the intellectual property (formally known as IP) system (Kratz, 2010). Patents may be thought
of as a statutory monopoly right granted to an individual for their specific invention (Kratz, 2010). Two observations about the patent system may be
made clear; it is often times thought of as a race, and inventions are built on the work of others (Kratz, 2010). The idea of patenting is a largely
controversial debate within the realm of research; as any dispute, there are both pros and cons to each side. This paper will first look at both sides of
the argument regarding the patent system; however, by the end it will be made clear that the negatives outweigh the positives of the patent system.
Benefits
The most predominate benefit to the patent system is that it gives the inventor the right to stop others from taking credit for their work or ideas. By
keeping the patent system, as a monopoly, companies and individuals are more likely to be motivated to become innovative which, in turn has the
possibility of advancing the economy (Inventor Basics, 2011). Along with possibility of further innovation, the patent holder maintains exclusive rights
to use the invention as they wish. Therefore, in some cases this leads to a higher profit for the inventor; which can balance out the costs of applying for
a patent (Inventor Basics, 2011). One further positive for the patent holder maintaining all rights to their invention deals with the

Questions On Law And Property Law
Running Head: Unit 5: Property Law, Property Law Student's name: Unknown University of the People Patent of develop modified organisms
Question: Scientists have isolated genes that cause particular diseases and modified genes that alter organisms for particular reasons (for example, to
help beneficial plants and animals to survive under harsh conditions). Make an argument as to why businesses that develop modified organisms
should be able to preserve their property rights by patenting such organisms. Then, make a counterargument as to why such organisms should not be
patentable. Research the issue online to develop supporting facts and arguments for each position. If you begin with a Google search of "patenting
organisms" you will find several articles from institutions of higher education and government organizations that will present a good overview and
various perspectives on the issue. Look for URLs ending in ".edu" and ".gov." Helpful resources specifically for why organisms should not be
patentable include Web sites for advocacy groups such as Greenpeace and the Council for Responsible Genetics. You will also want to read the United
States Supreme Court decision of Diamond v. Chakrabarty. Be sure to cite your sources. Abstract: Intellectual property is very important, without such
protection, almost everything would have been like a chaos, because, people would not be encouraged to invent, innovate or discover anything, the fact

Human Gene Patenting : A Specific Sequence Of Dna Essay
Human Gene Patenting While researching texts written about genes the most interesting topic that came up was human gene patenting. Gene patenting
is the exclusive right to a specific sequence of DNA given by a government to the individual , organization or corporation who claims to have first
identified the gene. Human gene patenting is one of hot topic in today's world and it could have a major effect for generations to come. Gene
patenting represents a contract between an inventor and society. The goal in this paper to explain some of the benefits and risks involved in gene
patenting.To achieve this goal, the paper has been organized into four sections. The first section discusses what gene patenting is and some of the
events that took place prior to gene patenting. The second section includes some of the benefits of having a gene patent and how it can help people
with some diseases. The third section explains the risks of having a gene patent. Some of the companies that hold patents and do nothing will impact
people who need help. In the last section discusses what could be done to improve gene patenting and how it will help humanity. Before staring the
paper a historical context is provided so one can understand how it all started.
Historical Context It all started with a women name Henrietta Lacks. An African American women who died because of cervical cancer in 1951. Cells
were taken from her while she was alive and they were taken without her consent or any

The Patent Law Of Taiwan
This thesis is to address the possibility of adapting the patent law in Taiwan, compared with what is done in India. These adjustments utilize the
so–called "TRIPS flexibilities" embodied in the TRIPS Agreement (The Agreement on Trade Related Aspects of Intellectual Property Rights), as Annex
1C of the Marrakesh Agreement establishing the World Trade Organization (hereinafter the WTO) which came into effect in January, 1995. As a
trade–off between promoting knowledge diffusion and exclusivity to use the knowledge, the patent system is part of the minimum standard established
in the course of the globalization of intellectual property right (IPR). The formation of TRIPS also demonstrates that the strength of private sector and ...
Show more content on Helpwriting.net ...
Because of the root of the intellectual property rights inevitably goes to the inherent "public goods" analysis, favoring partially the inventor 's power
of control will become a burden for users and competitors. Excessive protection may ultimately reduce competition barrier and weaken the power of
the national innovation. If developing countries can render their laws to curve it to "the pro–competitive strategy," and this would allow the technology
free rider countries to become "fair followers," as Professor Reichman indicates. In this way, developing countries can make use of "TRIPS
flexibilities," because "wiggle room" in fact exists in the TRIPS Agreement. For example, Brazil employs this idea in constructing its compulsory
license requirements in its copyright law; South Africa adopted a more stringent patent protection than the TRIPS Agreement demands while
incorporated a safeguard clause to facilitate the use of essential drugs. Another good example of employing TRIPS flexibilities is the patent law of
India. Before the TRIPS Agreement was negotiated, India's patent law did not regard pharmaceutical chemicals as subject matter of protection and
India consequentially became one of world 's top generic drug producers. However, in order to comply with

In Some Manner, It Would Be Strenuous To Realize All Of
In some manner, it would be strenuous to realize all of the goals, such as removing "distortions to international trade" and promoting "technological
innovation" and "the transfer and dissemination of technology" in the Preamble and other provisions. To be specific, "technology transfer" was
introduced in article 7 of the TRIPS Agreement. Article 7 stipulates: "protection and enforcement of intellectual property rights should contribute to the
promotion of technological innovation and to the transfer and dissemination of technology." However, the scope and language of this provision are
quite vague and extensive, whereas many formal or informal institutions, such as pre–grant disclosure and post–grant licensing contribute more ... Show
Except for the machinery industry, there was little difference regarding willingness to transfer technology in other industries. Policy transparency,
quality of human capital, and market size are very important factors of FDI, while the degree of IPR protection is only one of them. Failure to work a
patent failure to work a patent might be discussed under the context of article 7 of the TRIPS Agreement, as Professor Gervais indicates. A number of
supporters of the local working requirement argue if the patentee would be entitled to a territorial legal monopoly, she should to contribute to the
development of the industry in that territory as an act of reciprocity. Nonetheless, K. McCabe explains the reason why defining the working
requirement would be a burden for transnational companies. If comprehensively every country requires local working as one of the requirements for
granting a patent, then exportation to a new foreign market means to establish a manufacturing facility in the country. Defining local working as a
"requirement" therefore constitutes an unnecessary burden for a foreign patentee to build manufacturing facilities in all the signatories of TRIPS who
have legislation as such. For this reason, the grounds for granting compulsory licenses should be limited to countries with a lower standard of
technology

Intellectual Property And Technology : The Real World :...
Intellectual Property and Technology in the Real World
Legal Matters Sweet as Candy
Roald Dahl's well–known children's book, Charlie & the Chocolate Factory, depicted a talented inventor of candy known as Willy Wonka. The
talented inventor's creations were constantly under seize by his competitors, specifically Mr. Slugworth, Mr. Fickelgruber, and Mr. Prodnose. Wonka
went to extreme measures to ensure his trade secrets, creations, and technologies were kept safe from his competitors. The amount of effort put into
protecting his secrets was incredibly overworked. The challenges Willy Wonka faced in protecting his secrets are literary example of the real world
obstacles inventors face with their creations. In today's technological ... Show more content on Helpwriting.net ...
While each type of patent serves a purpose, utility patents are most commonly used by inventors for their technological inventions.
Obtaining a Utility Patent
A utility patent protects inventions such as machines, processes, and compositions of matter. In the United States, congress typically oversees the
distribution of patents; however, state governments may also oversee and grant intellectual property rights to individuals if the request does not conflict
with federal intellectual property laws and regulations. When inventors petition for utility patents to protect their creations, the inventions must meet
specific criterion. The inventions must be functional, serviceable, original, and non–obvious. If the inventions meet the specific requirement than the
applicant is granted the patent and its benefits.
Benefits of Obtaining a Patent
If the inventions meet the specific federal patent requirements the applicant is granted a utility patent, which provides 20 years of protection before the
invention enters public domain, insuring that the invention is not patented or manufactured by another person during that time. If another person tries
to utilize the patented ideas and inventions of another, that person has infringed on the inventor's patent and could be tried in court. With patents
inventors no longer have to worry about having their original ideas stolen from them. Also, the risk of losing

Why Is It Important To Contract Law-Patent Attorney?
Law– Patent Attorney As a patent attorney you'll assess whether inventions are new and innovative and therefore eligible to be patented. Specially
trained in drafting patents and with knowledge of intellectual property law, you will lead individual inventors or companies through the required
process to obtain a patent and then act to enforce inventors' rights if patents are infringed. Patents are granted by the government and give inventors the
right to prevent other parties from using or copying their invention for up to 20 years. You can only use the title 'patent attorney' once you're qualified
and entered on the Register of Patent Attorneys. Most patent attorneys are also chartered patent attorneys and European patent attorneys, and some

The Conflict of Gene Patents
Patents are licenses granted by the government that give permission to an inventor the right to rent, hire, or sell his invention. In the science community
gene patents have created conflict between those who believe that patents have helped science and those who believe it is actually hindering science
advances. Genes are important because they are the heredity of a living organism and it is given from a parent to their offspring. Scientist study genes to
find cures for the many diseases found in the world. Unfortunately gene patents focus on the commercial side, therefore I believe gene patents should
be banned. In this essay, I will outline arguments for and against gene patents. There have been many cases that have raised the public's awareness over
gene patents. It was recently brought to attention again in the case of Association for
Molecular Pathology v. Myriad Genetics (2013), when the U.S. Supreme Court ruled that companies cannot patent naturally occurring forms of DNA;
they can only patent artificial produced DNA. Naturally occurring genes are genes found on living organisms while artificial genes are products of
genetic material that occur when a gene has been isolated and they cannot be found in an organism. There are many commercial uses of gene
sequences for example in agriculture a particular product such as rice contains genes once scientist isolates and clones them, he can find uses for those
genes, such as being able immune to particular

Essay Issues on Patent and Copyright Laws In China
Issues on Patent and Copyright Laws In China
This site contains information on China's patent and copyright law. It goes on to discuss some ethical issues about China's lack of law enforcement on
intellectual property protection.
History of Patent System
China's patent system can be traced back to the late Qing Dynasty when China began signing international treaties. For example, on August 18, 1903,
China and the United States agreed on a treaty on navigation and commerce. The treaty provided for a "reciprocal patent–granting arrangement
whereby citizens of one contracting party could apply for and secure patent rights for their inventions in the other contracting party."1 After the Qing
Dynasty was over thrown in 1911, the ... Show more content on Helpwriting.net ...
Scope of Protection:2
In Article 1 of the Patent Law, it states the right to patent protection for "inventions–creations." Article 2 defines inventions–creations as inventions,
utility models, and designs. These are also defined by rule 2 of the Implementing Regulations:
1. 'Invention' means any new technical solution relating to a product, process, or improvement upon either of these;
2. 'Utility models' means any new technical solution in respect to the shape and/or structure of a product fit for practical use; and
3. 'Design means any new design of a product's shape, pattern, color, or combination thereof which creates an aesthetic feeling while also being fit for
industrial application.
The patent rights can be granted to these types of intellectual property as stated above. The patent right for an invention will last for a period of 15
years. Utility models or industrial design patents last for five years.
Limitations on Patent:3
According to article 25 of the Patent Law, there are certain exclusions of product and inventions to which the Chinese government refuses to grant a
patent right. The list is as follows: 2
a) scientific discoveries; b) rules and processes of mental activities; c) methods for the diagnosis and treatment of

Paragraph 8 Of The U.s. Constitution
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order "to promote the
Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries" (U.S. Const. art. I, В§ 8). Apatent provides the inventor with an exclusive right to "use, license or sell and invention," (U.S. Const. art. I,
В§ 8), as such the product, service, process or design becomes the personal property of the inventor(s).
The Patent Act of 1793 redefined the subject of a patent that remains in effect today. The Act reads, "That when any person or persons, being a citizen
or citizens of the United States, shall ... Show more content on Helpwriting.net ...
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the
type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be
strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus
of the proceeding text and justification for patent reform in the United States.
Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions, rather buy patents in order to sell licenses to other
organizations interested in utilizing or commercializing the invention. Nonproducing companies like Bellevue, Washington–based Intellectual
Ventures, argue that licensing of patent rights supports innovation, as they are able to broker access to companies and individuals that have the
capacity to do something with the intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing companies
aggressively defend their patents by filing patent infringement lawsuits in federal court against companies or groups of companies that that they believe
have infringed on their patents. The focus on litigation is in fact a core component of these firms

Deadly Diseases By John E. Calfee
Deadly Diseases'
There 's at least one person we all know who maybe have a deadly disease and may not be receiving the treatment they desperately need. Michael
Crichton a film producer, critic and author of "Patenting Life," earned his degree from Harvard Medical School, and author John E. Calfee a resident
scholar of American Enterprise Institution and economist author of "Decoding the Use of Gene Patents" both share their views on gene patents.
Crichton and Calfee share similarities on the research itself, but do not share the same ideas on whether or not gene patents put a halt on research, and
paying a royalty to study the gene. Both Crichton and Calfee find research on the genes important. They may show it in different ways such as
Crichton. Crichton believes money should not be made on the process of patenting genes. While Calfee believes making money and charging
researchers and patients to pay. They both share the importance of finding treatment or acure in their own ways. One may think their point is better
than the other but the readers; ourselves should be the judge of that. We all have the right to our own beliefs and how morality plays a part in our
lives and what we believe is right.
The Dr.'s view on gene patents is the halt they put on testing and studying of genes and current studies to find a major breakthrough for the disease.
(441) It is not only fair to the researchers who spend their lives trying to develop a cure but also to the loved ones and

Rights and Types of Patents for Intellectual Property

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