Patent And Trade Secret Protection

Patent And Trade Secret Protection
When issuing a compulsory license, the effect is to exempt the user who produces the patented substance or uses technology from liability of
infringement. If a patentee applies for a patent for a newly discovered or an alienated substance, or a synergy of entities, she is not required to disclose
the "know–how" to the public. Therefore, she can retain the information undisclosed as trade secrets. Ordinarily, companies use patent and trade secret
protection together in a synergistic manner to enhance exclusivity as a common strategy. As a result, if the user of a compulsory license does not
comprehend the know–how, then the production of the final product would eventually come to naught. Under the situation of a ... Show more content on
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Nonetheless, arbitrariness is inevitable due to analytical difficulties faced by examiners and courts. Without setting up a utility model, examiners and
courts are plagued by hindsight bias in the U.S., let alone to say having a sub–requirement as such. Section 3(d) of the IPA is also designed to narrow
the scope of patent protection, notwithstanding it has a definite goal – preventing evergreening. Section 3(d) also utilizes an explanatory note to
delimitate special conditions of nowadays pharmaceutical practices. This thesis considers an explanatory note is a workable solution to comply with
the non–discrimination obligation under article 27.1 of the TRIPS.
2.The Capability of the Patent Office The Indian Patent Office (IPO) has full authority under law to determine what is patentable and what should be
excluded from patentability if the condition set in section 3(d) is met. Owing to no patents granted to pharmaceutical substances before the
amendments coming into effect, the Indian Patent Office received 8,926 mailbox applications prior to January 1, 2005. For the blank period of no
protection for nearly 35 years, the capability of the IPO examiners to review and evaluate efficacy data was in
... Get more on HelpWriting.net ...

Patents And Its Impact On The World
For hundreds of years inventors have been able to obtain monopolies through patents for their innovations. A patent is a set of exclusive rights granted
by the government to an inventor for their privately owned innovation with an expiration of 20 years. This gives the patentee the right to legally
withhold other human resources from the production, consumption, distribution and vending of their invention. In order to receive a patent, its
application must include claims which define the invention as innovative, original and useful or otherwise applicable to industry. Patents were initiated
for many reasons including providing property rights for accomplishments of people along with preventing market failure to occur through free riding.
... Show more content on Helpwriting.net ...
While inventors of different innovative technologies may experiment on each other's inventions, those with ownership of patents are the legal vendors
to rights to go ahead in the step process of placing their product on the market. On behalf of the world's economy and technological stance the WTO
developed an agreement for Trade Related Intellectual Property Rights (TRIPS). Through this agreement the WTO attempted to create balance between
long term and short term objectives for future innovations, which helps progress technology through dissemination. Basically rights over production
and sale of new technology are protected while new inventions are allowed to be studied. According to article seven of the TRIPS Agreement stating its
objectives;
"The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and
dissemination of technology, to the mutual advantage of producers and users for the technological knowledge and in a manner conducive to social and
economic welfare, and to a balance of right and obligations."
This led to a number of benefits for pharmaceutical patents. With the agreement being established, the incentive to create new drugs increased due to
the contracted availability of patented information for research along with the possible future benefits from the creativity of the inventors. A patent

Gene Patent Persuasive Essay
Imagine this you're a scientist about to make a groundbreaking discovery finding the gene to cure HIV but, you get hit with a lawsuit because a gene
was previously patented. All research is stopped by law and due to the patent you give up your research and if that is not enough you have to pay
over $3,000 in royalties which leads to giving up on the project. "Patenting Life" (2007) writer Michael Crichton,, a well educated man in the medical
field earning his degree from Harvard Medical School,, is trying to end yet, on the other hand "Decoding the Use of Gene Patents" (2009) John E.
Calfee an economist believes Gene Patents are beneficiary and not harmful. Crichton and Calfee disagree in many ways being halt on research,
worrying about a ... Show more content on Helpwriting.net ...
One of Crichton's fears of Gene Patents is it becoming a monopoly and after further reading you'll wish it was the board game, for instance Crichton
states "And they raise the costs exorbitantly: a test for breast cancer that could be done for $1000 now cost $3000." (2007) the owner has the power
to raise the price to whatever he/she fits leaving some patients for dead literally. But wait couldn't somebody just make a cheaper more affordable you
say? Well according to Crichton "thepatent blocks any competitor's test." this frustrates all researchers. Gene Patents supporters argue the cost to be
"a tempest in a teapot" Crichton further explains it's simply not true explaining how millions are paid towards Hepatitis research causing researchers
to choose something else to work on. Calfee has been a staff economist for 16 years and manager in the Bureau of Economics at the Federal Trade
Commission also a scholar at the American Enterprise Institute which means Calfee is all about the money. To point out the importance of money to
Calfee he states "and like most economist I support the granting of patents and their consequent pricing power as a tool to foster innovation." while
Crichton is all for saving money Calfee wants pricing

What Is Product Patent Cost?
Product Patent Cost: Everything You Need to Know
Product patent cost depends greatly on the type of invention you have along with the type of protection you are seeking. You'll either want to file a
utility or design patent, which can be in the form of a non–provisional or provisional patent application. Since there are other costs included in the patent
process, including potential legal fees and illustration fees, you'll want to create a list of the various fees that you could be charged during this process.
Creating a Checklist
Before you decide to apply for patent protection, you'll want to do your homework and ensure that you have a checklist handy when going through the
process. Not only will you be filing the patent application ... Show more content on Helpwriting.net ...
The $65 (micro entity)/$130 (small entity) filing fee is usually the only fee associated with this patent. After filing, you will have a period of one year
to expand upon your invention, promote it, and establish the product before filing for non– provisional patent protection. If, within the 1–year
timeframe, you choose to move on from the invention, then you've only spent $65. However, if you're ready to take it to the next level, market your
invention, and obtain absolute protection of it, then you'll file a non–provisional patent application.
You'll pay a non–provisional filing fee of approximately $400. Once you've obtained protection, an additional issuing fee of $450 will be due by year
3. Additional maintenance fees will be due throughout the life of the patent, on year 7.5 and year
11.5. The fees associated with these time periods are $900 and roughly

Patent Rights, And Foreign Patent Protection
In the encyclopedia excerpt on the patent it explains what may be patented, obtaining a patent, the nature of patent rights, and foreign patent protection.
To begin, this article describes what maybe patented. There are three types of patents utility patents, design patents, and plant patents. Each of these
give the inventors ownership of their idea or invention. The utility patent is created for the usefulness of the invention. The utility patent is the most
common patent used. A design patent is how the invention looks over how it works. Lastly, the plant patent, which is granted to a developer or
discoverer and new variety of plant, reproduced by cuttings, grafting, or other asexual means. All types of patent are governed under title 35 of the
United States codes. Under this code it explains that all patents are under the patent statues. Getting approval on a patent does not meant that it is a new
invention all the time it could just be an improvement or just a new way of doing something. In addition, obtaining a patent is a long and challenging
process. It takes time to apply for a chance to submit an application to the examiners. After the application is approved it is then published into the
public. The invention has to be a new or novel invention. Being novel means that it is nonobvious. Furthermore, the patent holder has 17 years to
exclude others from making, using, or selling the invention throughout the United States. A patentee can give people some rights to the

What Makes A Biological Patent?
ATENTING ORGANISM
"A biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using,
selling, or importing the protected invention for a limited period of time. The scope and reach of biological patents vary among jurisdictions, and may
include biological technology and products, genetically modified organisms and genetic material. The applicability of patents to substances and
processes wholly or partially natural in origin is a subject of debate."
This is how Wikipedia explains what a biological patent is. What is doesn't say is that when this refers to a gene, this actually came from a living
organism and was created by nature (God from the beginning), yet when is patented, it becomes a human invention. What an irony!
The advances in technology in the biology field has been huge in the last ten years or so, which have aloud doctors and scientist to manipulate nature,
analyze it, change it and make it behave as we wanted and needed. These advances have also allowed to create and to be able to fight diseases that go
from none–deathly to deathly and extreme. For most of the diseases known in the world, doctors and scientist have found a cure or treatment, but there
are quite a few still that we know little about, don't know where they started, how they started, how to treat it, cure it, or stop it completely for that
matter.
Now a days, almost anything can be patent but it is important 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

International Patent
International Patent: Everything You Need to Know
An international patent, also referred to a PCT patent application, is a request that your invention be patented outside of the United States. It is
important to note that there is really no such thing as an "international patent." Rather, if you want to obtain patent protection in countries outside of the
United States, you'll file a PCT patent application. PCT, also referred to as Patent Cooperation Treaty, is an international patent treaty that provides a
procedure for filing for international protection. The treaty helps those wanting to seek patent protection in other countries as it delays the process for
up to 30 months (2 and a half years) so that inventors can further produce their ... Show more content on Helpwriting.net ...
The application, however, may not automatically provide you with protection in each of these countries. The PCT application can only be used as a
reservation for submitting your patent to those specific countries, allowing you to delay the process for up to 2 and a half years so that you can make a
determination as to which countries to seek protection in. Only after that point is the PCT application converted into a formal patent application.
In simpler terms, the PCT process includes two phases: [1] filing the international application and [2] choosing which countries to apply for patent
protection, and
converting the PCT application into an actual patent application within each specific country you wish to seek protection in.
PCT Timeline
As previously noted, the main benefit of the PCT is to defer your international patent requests for a period of up to 2 and a half years. Therefore, when
you want to file a
PCT, you'll visit the WIPO website and gather all necessary documentation needed for filing. There are still steps and guidelines for you to abide by
for the PCT application itself. Once you have filed your application, it'll be reviewed by a patent examiner who will then draft a written report and
opinion indicating the likelihood of you obtaining patent protection in each country you identified in your application. For example, if, in your
application, you indicated that

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

Pharmaceutical Patents And Its Effects On Society
Everyone loves a good bad guy. It seems to make complex issues easier to deal with when there is a scapegoat defined. Disease kills many people on a
daily basis all around the world. However, many people view the big drug companies as evil profiteers in the fight against disease, wielding patents to
protect their profits rather than wielding medicine to combat disease. Medicines have been created to combat disease which greatly improves survival
outcomes and daily quality of life. Many of the large pharmaceutical companies are responsible for inventing and manufacturing a majority of the
medications that have had this positive impact on society. Although it may seem that many view pharmaceutical companies as profiteering from illness
via patents, people world–wide benefit from the process, especially when generic production is authorized. This would never happen without the
current model utilizing pharmaceutical patents.
Patents give intellectual rights to a person or a group of people that invent something. Patents fuel innovation because they give a temporary monopoly
to the inventor that received the patent. Otherwise, the originator of a product may not receive the credit, more specifically, the financial reward for
creating something useful and sharing it with the world. This applies to medicine just as much as anything else. Pharmaceutical companies spend
enormous amounts of time and treasure to research and develop new, effective and safe medications to

The Patent Of The Pharmaceutical Industry
With new innovations and products coming out every day patents become very important, especially in the pharmaceutical department. A patent is a
grant by the government permitting the inventor exclusive use of an invention for 20 years. During this period, no one could make use, or even sell the
invention without authority. With the India'spatent laws covering a manufacturing method rather than the finished product, this causes problems. A
patent provides incentive for pharmaceutical companies to continue to create new and better drugs for, but this may cause conflict with the intellectual
property issue.
While the intellectual property law is supposed to balance the rights of those who create intellectual property and those who enjoy ... Show more content
on Helpwriting.net ...
It limits their business which in result causes them to do less research. While India has done this many other countries have put human rights over
intellectual property rights. In every argument there are two sides of the story. In this issue, the person is all for the big companies stating that they
should rule and that generic companies should not be allowed to steal from the main brand companies. An alternative to this is to let the generic
companies sell, question is why would they be able to sell? "The way of drugs has been instrumental in treatment scale–up for resource–poor settings
hard hit by the AIDS epidemic. Around 6.64 million people in low– and middle–income countries are currently receiving drugs to take care of the HIV
/AIDS. This would simply not have been possible without a reduction in the price of the antiretroviral drugs."(http://www.avert.org) With that being
said, do major companies actually save people's lives? From a generic brand point of view, one could argue not. How can a company save people's lives
when a majority of the people who have the disease cannot even afford to buy the drug? With the HIV/AID drugs costing $10,000–$15,000 per year
that is very expensive, but $554 from a generic brand in low income countries is much more reasonable (http://www.avert.org) Therefore, generic
companies are

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

Questions On Patents And Copyrights Essay
WRITTEN ASSIGNMENT (worth 20% of the final grade) Lala Afandi 1.(i) What are the similarities and differences (if any) between patents and
copyrights? (ii) Could there be and is there a subject matter (if any) that is both copyrightable and patentable? Discuss (6 points). Patents and
copyrights are both types of intellectual property aimed to protect product of mind. Firstly, it would be suitable to provide their definition. Patent –
form of protection of intellectual property aimed to protect invention, having obvious following properties: –Benefit: invention must have apparent
behoove; –Not obvious: invention must be matter of obvious knowledge to the professionals of field; –Newness: invention must bring some innovation,
not patented before (facts can not be patented); Patented intellectual property prevents anyone else from producing, using, selling, offering to sell and
importing. For patents US law follows first to invent rule. Copyright – form of protection of intellectual property authorship aimed to protect pieces of
art (paining, literature, music, architecture etc.), having following properties: –Creative work must be recorded in material form (ideas cannot be
protected under copyright); –Creative work must be original work, created independently and contain some creativity; There is a number of similarities
and differences between them shown in a graph below. SimilarityDifference PatentProtects intellectual propertyTypes: utility, design, plant

Patent Trolls : An Essay
Patent Trolls
A Hindrance to the Economy and to Computer Science
By Shawn Karber
PHIL 343 Final Paper
05/02/2015
Patent trolls, often referred to as Patent Holding Companies (PHC) in the media, are a defamation to the ideals that the United States patent office were
meant to promote, that is protection for the innovators and inventors of America. Wikipedia definespatent trolls as "a person or company who enforces
patent rights against accused infringers in an attempt to collect licensing fees, but does not manufacture products or supply services based upon the
patents in question...".1 ("Patent troll.") Not only do they undermine the ability of small companies or individuals to experience success and
profitability through invention, they also hamper the progress of society, especially in fields of technology. PHCs are a devastating problem in the
United States, not only in terms of their impact on global markets and progression, but also in terms of how many PHCs there are and how big they
can become.
To understand the breadth of the problem, it is important to understand how prevalent patent trolls have become. According to an article in the
Washington Post, patent trolls now account for 67 percent of all new patent lawsuits. Just five years ago, the article says the number of PHC–filed suits
was 28 percent less.2 ("Patent Trolls Now Account for 67 Percent of All New Patent Lawsuits.") With an average increase of 5.6 percent a year, it is
evident that patent trolls are

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

Intellectual Property, Copyright, And Patents
Copyright was incorporated to promote advancement of knowledge and to protect the right of the inventor, yet the law's interpretation to the present
society is doing the exact opposite. Intellectual Property consists of two systems in protecting your ideas and inventions, copyrights and patents.
Patents are usually used for creators or inventions while copyright is more of expression or ideas like music, movies, etc. The intellectual property,
copyright and patents placed in nowadays are causing a big issue and are not doing the original laws justice. The first amendment prohibits abridging
the freedom of speech (1st Amendment Bill of Rights). Based on what the first amendment allows us to do, individual should not be prevented from
exercising that right. Intellectual property, copyright and patents are causing the very problems they were created to prevent. Companies are misusing
these rights for their own economic advancement. Kembrew Mcleod made similar arguments in his piece, Freedom of Expression: Overzealous
Copyright Bozos and Other Enemies of Creativity. There has to be middle ground within these laws so that issues do not arise.
Points that support this idea occur in the build up of the social networking site called Facebook. Mark Zuckerberg the current CEO of Facebook was
sued by Divya Narenda, Tyler Winklevoss and Cameron Winklevoss on grounds of breaking the intellectual property clause. Harvard Connection
(currently known as ConnectU) is a social networking site

Paper on Patents
PATENT– THE AUTOCRAT
The very utterance of the word patent frightens us with the sheer complexity and wordplay it can subsume us with. Here is an attempt to demystify
patents and the world of legal wrangling. As the lexicon definition goes, it is "the exclusive right granted by a government to an inventor to
manufacture, or sell an invention for a certain number of years". However, over the years, as patents and workarounds have evolved, companies have
gone out of their ways to exercise monopoly over innovation and prevent competition from innovating in a related area of research and development.
In the US, the International Trade Commission is the disinterested body which oversees trade and takes a final call over unfair trade practices. All
patents have to go through a process of prosecution before being approved and pursued in a commercial setting. Patents are also governed by the
purview of jurisdiction. In such a scenario, what may apply in The United States of America need not hold true in the United Kingdom.
With that being said, patents have 'changed' to become entities which prevent other people from 'doing'. In other words, patents have regressed from
being a mechanism to safeguard innovation to an instrument to cartel against opposition. As far as patents in the world of computers go, there are only
hardware patents. There is no such thing as a 'software patent'. Additional cause for concern is the fact that the boundaries between software and
hardware are

Patents : An Invention Of Man
Patents are ingenious – they allow for security in preventing theft of ideas through government licensing for the exclusive rights to manufacturing,
utilization, and sales of inventions. However, lines are crossed when private companies are allowed to patent life forms, including genetic material.
Patents are only designed to prevent intellectual property theft on inventions. Human genes are a product of nature and are not a result of an invention
of man. Furthermore, allowing genetic information to be patented would profoundly impede progress on study of the patented material, letting patent
–holders deny the rights for other scientific bodies to study and manipulate it, when these other scientific groups could have easily added to progress
involving it. If only a single group is authorized to sell a specific product or service related to patented genetic material, there is no competition to
compare the quality or prices of products of patented genetic material. The levels of risk and consequence associated with allowing the patenting of life
forms, including genetic material, is dangerous and should not be authorized.
Imagine Isaac Newton as he watches an apple fall to the ground from a tree. 'Eureka!' he thinks. Newton was the first person to discover the force of
gravity. What does he do next? Patent gravity? No: Newton merely discovered gravity, in contrast to inventing it. According to Wagner (2009), "Laws
of patent are meant to be used to protect inventions – things

The Application Of The Patent System
Intellectual Property Midterm
Question #2
The core purpose of the patent system is to incentivize innovation but the current system often has the opposite effect. Patents give inventors
monopolies over their inventions for a period of time in order to allow inventors to recoup the costs of research and development ("R&D") and to
generate profits that reward inventors' efforts, encouraging future investment. In exchange, patentees dedicate their inventions to the public domain
once their patents expire. The traditional model of patent licensing, whereby a company pays a patent owner to license an invention that a company
legitimately uses has been appropriated by non–practicing entities ("patent trolls") and aggressive patent holders that initiate frivolous lawsuits. Patent
trolls often purchase patents from bankrupt companies, for the sole purpose of extorting licensing revenues from organizations that are actually
creating new products.
Patent examiners increasingly grant overly broad, obvious, and non–novel patents particularly in high–technology industries. The massive increase in
U.S. patent awards in the past few decades has not been associated with more rapid economic growth, largely because many of the patents issued are
for advances of marginal value, which slows high–quality development and rollout by enabling patent trolling. Some companies aggressively assert
their patent portfolios to prevent competitors from entering the market. Small companies are

Importance Of Apple Trademarks And Patents
1– Why are trademarks and Patents so important to a company like Apple? What benefits do they provide? What kind of role did Apple patents play in
its case against Samsung?
Trademarks and Patents are important to big companies like Apple because the trademark gives them the right to decide who and who cannot use their
patented invention. This benefits them because if they were not to have the trademark, anyone could recreate their product without the company's
consent and make money off of the product and they can sue other companies with their patent. People could resell Apples products in mass amounts
legally without a patent. Apple's patent protected their creative and inventive rights on their product. Against Samsung, it protected Apples creative
rights over their product, the Iphone. After Apple released their new Iphone, Samsung recreated it and therefore they put themselves at risk of
litigation. The Trademark law allowed Apple to sue both the company and the distributors of the product because of recall.
2– How is Apple changing the field of Trademark protection? What is a non–traditional trademark?
Why is Apple in pursuit of such trademark?
Apple is changing the field of Trademark protection because of the new exceptions involved in Trademark protections. Now companies can defend
their products patent for the shape and feel of it. The Ipod shape Trademark has given Apple a new weapon to knock out the competition. This
Trademark is known as a non–traditional

Software Patent Law Essay
Software Patent Law
A patent can be defined as "a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a
specified number of years." 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents
are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th
century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued
in 1449 for a method of making stained glass.2
Since those medieval beginnings, patent law has grown and ... Show more content on Helpwriting.net ...
How do U.S. and European policies affect the global perspective on patenting software?
In the sections that follow, the policies of the U.S. and Europe will be analyzed to see how these ethical questions may be answered.
Background Information: Governing Bodies
Up until recent times, the organization of the global patent system has simply been that each country has their own patent laws and offices. These
offices deal with their own domestic patent filings, as well as those of foreigners seeking protection against infringement in that particular country.
Manufacturers have come to embrace the idea of distributing their goods to the world market; so as globalization grows, so does the need for
international patents.
In 1973, thirteen European countries signed the European Patent Convention (EPC), with the objective of developing a uniform patent system (the
European Patent Organisation) in order to make patent protection in Europe easier and less costly. Four years later, the European Patent Office (EPO)
was founded as the executive branch of the Organisation. The EPO currently has twenty–seven member countries, and is still expecting more to join.
Though the EPO does include all fifteen members of the European Union (EU), it is important to note that the EPO is not governed by the EU.3 Each
country still maintains its own patent office and applies its own laws. However, since the goal of the EPO is to harmonize

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

The Pros And Cons Of Gene Patents
Gene Patents: More Harm Than Good?
Michael Crichton and John E. Calfee explain the factors and outcomes that have come from gene patents. While Crichton is against these patents,
suggesting that patents are a barrier to research and increase the cost of medical expenses, Calfee refutes these ideas; furthermore, the authors disagree
as to whether genes meet the criteria for a patent to begin with (Crichton, paras. 1–13) (Calfee, paras. 1–6).
Innovation of research for diseases is a key part to their treatment, and Crichton and Calfee disagree whether patents barrier this research. When an item
or idea is patented it means it's owned; therefore no one else can use it without the owner's permission. Michael Crichton discusses how patents are ...
Show more content on Helpwriting.net ...
It is one of the main points that Crichton uses to show that gene patents are unethical. Crichton brings up breast exams. The exam can be done for
$1,000, but because the gene involved is patented, it now cost $3,000 (Crichton para. 2). In his article he states "Couldn't somebody make a cheaper
test? Sure, but the patent holder blocks any competitor's test" (Crichton para. 3). Since the gene is patented, the owner has complete control of
pricing making it impossible to make or find a cheaper test. He also uses the example of Canavan disease. The owner of the gene connected with
Canavan's disease began to require that royalties be paid before tests could be run. Calfee on the other hand discusses the case about breast exams and
states that most patented genes are owned by universities on behalf of researchers (Calfee para. 2). Calfee suggests that because the patents are mostly
owned publically, all testing can not be inflated and monopolized as believed. He states, "The other article concluded that 'prices of patented and
exclusively licensed tests are not dramatically or consistently higher than those of tests without a monopoly'–a very different scenario from that
suggested by the Myriad lawsuit" (Calfee para.

Patents And The Patent Act Of 1952
Patents Patents are government–granted, temporary rights to exclude, awarded in return for an individual's disclosure of a new useful invention.
Patents are granted by the USPTO and last for nonrenewable term of 20 years (Ferrera et al, 2012). Patents grant exclusive rights to exclude others
from engaging in making, using, selling of patent products (O 'reilly, 2007). Online businesses must be aware of other's patent rights even if they do
not copy other companies' business methods or technologies. XYZ Technologies must perform adequate research before developing and promoting
any new software products. Business may search both issued patents and published application at the USPTO website as well as via Google's patent
search tool (Ferrera et al., 2012).
According to the Patent Act of 1952, patent may only be granted for inventions that are within the scope of patentable subject matter, useful, new,
nonobvious and enabled (Ferrera et al., 2012). There are subject matters that are not patentable such as laws of nature, physical phenomena and
abstract ideas. To be considered new, at least the person pursuing the patent be the person who invented it and must not have copied it from others
(Ferrera, et al., 2012). To check novelty, prior art is review. Prior art is existing patents, publications, or knowledge (Ferrera, et al., 2012). Additionally,
an invention can be patentable if the level of ordinary is low. There are expenses that go with obtaining and maintaining a

Should The Patents That Are Owned By The Defendant Be...
5P
v.
5D
ISSUE:
Should the patents that are owned by the defendant be evaluated in a patent court?
FACTS: The plaintiff is a gaming studio that developed a video game that uses an online, multi–player platform, which includes audio and video
functionalities so that players (alone and in groups) can watch television and listen to audio streams, in game.
After development of the functionality got out the studio received a "cease and desist" letter from a lawyer of the defendant, whom allegedly claims to
hold patents for the Internet transmission of audio and video signals within a game environment. The defendant's lawyers also represent media
companies that originate the streaming content. The plaintiff then filed an injunction to keep the defendant and the media companies from suing them.
DEFINITION:
For purposes of the recitations of "signal" in the claims it is important to cite what a signal is. A signal, as defined in re Nuijten, is "a means of
communication".
HOLDINGS:
No holding yet, because there hasn't been a court case that has invalidated the defendant's patent.
REASONING:
The court concluded there was a sufficient amount of evidence, based on other cases that reviewed similar types of signals and were invalidated. The

first case being in re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007). The issue in this case was regarding Nuijten's patent application toward a technique for
reducing the noise created in a signal by the introduction of watermarks into

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

Why Are Patents Important For Technology?
Introduction: What is a Patent? (Natashua Hester)
A patent is a limit of property rights that are related to an idea or an invention, which is granted by the United States Patent Trademark Office (Ji,
2011). Patents laws were created in 1787 by Constitution Article I & 8 Class 3, which regulates commerce within a foreign nations, states and the
trade of Indian tribes (Calvert, 2016). The U.S. Constitution Article I Class 8 stated that progress innovated by Science and Arts are secured by limited
inventors and their discoveries (Calvert, 2016). Apatent consist of a man invented process of chemical composites and inventible machine materials.
Patents now are allocated by whether or not the invention is based on knowledge available ... Show more content on Helpwriting.net ...
Imagine a world without patents; inventors would have every incentive to be secretive and to guard jealously their discoveries from competetors
because those discoveries could be copied with impunity.
Patent VS. Copyright, what is the Difference? (Edward C.)
Intellectual property Patent and Copyrights what is the difference.
Patent and Copyrights for intellectual property are designed to provide lawful protection and allow people to be recognized for they invent or create. It
also allows one to benefit financially though their inventions.
What is a Copyright?
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from
books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. (1)
What is a patent?
A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how – or
whether – the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly
available in the published patent document. (1)

How Patents and Copyrights for Intellectual property differ.
There is a distinct difference between copyrights and patents. Although both

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

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 ...
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

Research Articles On Plant Patents
Research articles can be quite complex and adding patents to the mix seems to make the comprehensive level even more challenging. In this paper lies
three parts commonly seen within a research article and explains how each of them are connected and deemed vital for approval of a plant patent. The
three parts are the methods done in the experiment, the results from the experiment, and the textual features that make the article more credible and
organized. This paper will go on to talk about a couple of instances that can occur as well when dealing with plant patents and the research behind them.
Once this has been read, perhaps those who want to do research can learn how research articles and plant patents have an outstanding correlation ...
There are genre agents which are "structural elements of a document or communicative situation that exert agency within a context that includes
player–agents" (Moeller). For example excerpts or results taken from the research article can be used in a scientific article or to make textbooks
seem more up to date by giving new information that is popularly being studied. Now onto to the three parts shortly discussed earlier. The first part
of the research article that connects back to plant patents are the methods section. This is where the player agents such as the researchers get involved
in order to make sense of the whole process. Methods are a great way for other player–agents such as competing researchers or patent reviewer to
follow the procedures. It also helps other scientists who are interested in the study to see if the experiment actually works. A play scenario could be
where research is done to create the model plant Arabidopsis thaliana. This plant was created in order to possibly reduce carbon dioxide in the
atmosphere which was done first by Liang and his colleagues. Liang had gathered information on" Arabidopsis thaliana ecotypes Columbia were [to
use] in this study" (Liang). Their methods describe how the model plant was created and how they were able to analyze the plant for this use. Without
this section others would have no knowledge of how this plant was created. Thus without these methods described in all of the patent applications

Advantages And Disadvantages Of Patents
1.The market reward rationale for the patent system is based on the ability of patents to reduce transaction costs and serve as a transferable asset,
thereby allowing for inventor to control the supply of the technology, and for the technology to maintain competitive pricing in the marketplace and
recover costs of invention. Specifically, a patent allows for disclosure which prevents inventors from overlapping efforts or from keeping the technology
a secret, thereby reducing transaction costs and making it easier to work with interested parties. The transferability of the patented technology further
eases collaboration and commercialization efforts, allowing inventors work with appropriate companies who are well able to commercialize the ... Show
more content on Helpwriting.net ...
If a company creates a new drug to treat a certain disease, for example, they can get a patent for it and can charge supra–competitive prices as they are
the only market player, since the patent restricts other competitors from manufacturing the same medication.
3.The Ex post rationale focuses on the economic functions of patents after they are granted, claiming that the patent system incentivizes the technology
to be constructively utilized, enhanced, and commercialized post–patent. In particular, this rationale holds that patents improve economic efficiency
(i.e. by reducing transaction costs, allowing for transferability & divisibility, promoting collaboration), allowing for a more efficient marketplace, and
promoting investments in the patented technology due to the chance of large rewards in the marketplace in return. For example, the University of
Illinois develops a significant amount of patented technology, including the Dry–Grind Corn Milling Process. The patent on this technology signifies to
investors and other interested parties in the important functions of the technology in terms of processing corn into more corn products, and the fact that
it was developed at a credited institution, initiating outside firms to invest in, enhance, and commercialize the product, improving the technologies
competitive edge in the marketplace. The University of Illinois similarly has an incentive to ensure that the technology is productively

The Value And Importance Of The Rights Of Patent Holders
The value and importance of the rights of patent holders cannot be underestimated. In our current state of the law and economy, patent holders (and
holders of all forms of intellectual property) contribute immense value to the total worldwide economy. The US Chamber of Commerce suggests that
almost 35% of the total US GDP is revenue generated by intellectual property. (US CoC, 2017) The idea of patents and intellectual property has a long
history in America and was considered so vital to innovation and progress that it was put into Article 1, section 8, clause 8 of the US Constitution. The
US Constitution is the foundation of all laws in America and has the final say whenever there is a question about how new innovations or ideas should
be ... Show more content on Helpwriting.net ...
Such thievery dis–encourages enterprise.
Laws were put into place and enforced by the central authority to prevent one thug from stealing other peoples things. Today, intellectual property laws
offer the same protections to creators. In the same way that a thug cannot come by and take a farmers harvested crops, neither can a thug today come
by and take an inventors plans for his invention.
Without intellectual property laws, there would be no incentive to create new innovations since it would be assumed that it was only a matter of time
before someone came and took it away from you and made it their own.
Patented organisms are no different from any other invention; they are a new creation that someone invented. Without the inventor, the thing would not
exist. It is theirs. Still using the logic our founding fathers had, we see that without intellectual property rights to protect the newly invented
bio–organism, any thug could come by and steal the idea, manufacture their own and leave the true inventor penniless and destitute... never to bother
inventing anything again.
Patent & other forms of intellectual property rights are important to incentivize creation and innovation; Perhaps even more valuable than any physical
piece of property. Patent and intellectual property is a major foundation of our global economy. Regarding the question of modified biological life;

What Makes A Patent?
Every engineer strives to achieve a certain goal throughout their career. Some focus on becoming successful both in their job and in their lives, while
others work to build a better world. Some engineers might have different goals, yet each engineer reaches certain milestones throughout their career that
have a worthy value. Creating a patent, is by far one of the most prestigious achievements an engineer, inventor, or anyone acquire in their lifetime.
Being able to brainstorm and formulate a specific item or article no other has thought of is truly something that most can only dream of. Yet what does
making a patent really consist of, apart from bragging rights and maybe self–satisfaction? Patents serve as potential money–making ideas that can
increase in value over time. Some patents can be worth millions while others have less worth than your pocket change. Regardless of the exact amount
a patent can be worth, they still hold value which could potentially increase over time, making it a worthy investment. Next, having a patent hung up in
one's office or stated in a resume or CV is truly an eye–catching achievement that is highly regarded. It represents one's creative and innovative
abilities which can be very much needed when applying for a job or a certain position within a company. Finally, patents allow one to sell, use or make
an invention with under legal protection from the country they live in. The key word there is invention, which is an idea or creation that can

Biotechnology in Malysia : Medicinal Patent Essay
In Malaysia, pharmaceutical inventions in the form of products or process can be protected as patents upon meeting the patentability requirement and
do not fall under statutory exceptions for non–patentable subject matters. The requirements for patentability of pharmaceutical inventions are that the
invention must be new, involves an inventive step and it is industrially applicable. According to Biotechnology In Malaysia (2008), granted patents in
the healthcare field are showing an increasing trend by scoring 121 patents amongst 296 patents in total. These patents are under legislation of the
Patents Act 1983 in Malaysia.
This biological patent can be referring to the gene sequences patent (Ramachandran, 2009). A patent with MY140009A,... Show more content on
Helpwriting.net ...
Bhd instead. However, Universiti Putra Malaysia owns an intellectual property in medicine. An example is antioxidant rich nutraceutical formulation
with application number PI20050102. This neutraceutical product compose of three antioxidants; tocopherols, tocotrienols and gamma oryzanol that
improve antioxidant status and reducing the risk of coronary heart disease.
The Patents Act(established on 1st August, 2001) provides thedrug patent owner certain exclusive rights in respect of its patent within twenty years
from the filing date of the application regarding the patent applied (Lim &Ooi, 2006). The merit of drug discovery can reduced the risk of heart disease
which is common in Malaysia. The drug which haspatented prevents generic drug competition. Patents provide legal protection for inventors in order
to prevent other people from making use of their ideas. Therefore, only the pharmaceutical company that developed the drug is allowed to sell it. Drug
patent gives impact in the economy by that the pharmaceutical companies often maintain that patent protection for drugs ensures that they are able to
dominate the market. They do this by investlots of money into the development of new products, by making sure that they will be able to take
advantage of the sales.Patent protection for pharmaceutical can help to

Biological Patents And Their Associated Exploitation
Biological Patents and Their Associated Exploitation "There is no patent. Could you patent the sun?" This quote by Jonas Salk, the researcher who
invented the polio vaccine in the height of the polio scare, demonstrates the natural resistance people have to patents on biological agents. If society
can grant individuals or small groups of individuals the exclusive rights to the production and use of biological agents in the form of a patent, the
morality of such patents must be taken into consideration. David Resnik's adaption of Marx's theories of economic exploitation to a biomedical
setting can be used to determine whether biological patents are moral. According to Resnik, "A exploits B if and only if 1) A takes advantage of B and 2)
... Show more content on Helpwriting.net ...
Together, they grantedColumbia University the exclusive rights to an important technique in biotechnology and pharmacology which, "allows foreign
DNA to be inserted into a host cell to produce certain proteins". The university earned almost $800 million through the licensing of these patents to
various companies and institutions. For A to exploit B, as per Resnik's definitions, there must exist an A and B. So let A, the exploiting party, be
Columbia and let B, the exploited party, be the academic institutions and the private companies that wish to use the technique described in the patents
to further medicine. A did indeed take an advantage over B with the advantage being the university discovered the technique before any institutions
discovered that same technique or a technique very similar to what Richard Axel discovered. A used this advantage of having the discovery first to
harm B financially by suing any institution in B for their use of Axel's techniques without the proper license. So A exploited B. A cannot morally
justify this exploitation because any financial gain A received from exerting control of their patents gets canceled out by that equal financial loss of
B. Furthermore, A does not gain any productivity from enforcing their exclusive rights to the patents but B loses productivity for having to apply for
the licensing or not being able to attain licensing for the technique so there is a net loss for A and B. To

The Patent Of Patent And Design Patent
1a) A patent is a new invention, or any new and useful improvement of an existing invention. The patent owner has an exclusive right, in which the
invention can normally only be exploited (manufactured, used, sold, imported) by the owner. An invention may relate to a product or process. There is,
however, an important distinction between a utility patent and a design patent. A utility patent protects the functional aspects of aninvention; a design
patent protects only the appearance of an invention and not its structure or utilitarian features. Moreover, a utility patent covers any process, machine,
article of manufacture, or composition of matter, or any new and useful improvements thereof. A design patent covers any new, original, and
ornamental design for an article of manufacture. The word "useful" is critical in differentiating between utility patent and design patent. Despite their
cleverness and novelty, many design patents lack utility. The shapes or ornamentations that make up a design do not necessarily perform any function
or contribute to the utility of the underlying article. Nevertheless, the design clearly can have commercial value without having a functional aspect. For
instance, the shape of a particular brand of a sippy cup lid may influence purchasing decisions due to its familiarity or appeal.
It is important to note, however, that in Canada (and Europe), "design patents" are protected as industrial design registrations (a separate form of IP).

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

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

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 And Trade Secret Protection

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