Business Negotiations Advantages And Disadvantages Title

Business Negotiations Advantages And Disadvantages
Business negotiations are deliberations that ensue from different motivating factors and whose
agenda have a common ground. Such a phenomenon brings the conflicting sides together in the aim
of seeking a lasting solution to the conflict. Often the conflicts being resolved emanatefrom interests
among the parties, which happen to be coinciding. As such, one party feels less advantaged and
seeks reprieve. It is a common case nowadays and it features a series of across the table discussions,
which happen to be under the watch of the court system. Therefore, both partners have the privilege
of accessing the courts in case they feel there is a breach of contact or patent for that matter. The
negotiations between apple and Samsung are a perfect eample of such a phenomenon. In this case,
apple accuses Samsung of breach of its patent rights. Apple claims that Samsung copied the look
and feel of an iphone, through their galay brand. !illing of the case was in "#$$ when the conflict
began.The issue of business negotiations is a common phenomenon these days especially on matters
of patents and royalties. The desire to protect the uni%ue characteristics of various products has
become a fundamental element of business negotiations nowadays. It is often argued that in order to
hold enough leverage to such a negotiation, one should commence the negotiations way before the
two parties even meet face to face on the table negotiations. Only that way, will a given party ensure
their
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United States Copyright Law
United States copyright law recognizes that certain portions of software are protected by copyright
law. Like other items protected by copyright law, copyright protection attaches to software as soon
as it is "fixed in a tangible medium"––for instance, when written to a disk.Copyright law requires a
work to be presented in a "fixed, tangible medium." When computer software first appeared, courts
saw it as intangible and labeled it a "utilitarian good" that arose from the running of source code on
a machine. In 1980, Congress added computer software to the list of works protected by copyright
under the U.S. Copyright Act. Congress clarified the rules surrounding software copyright in the
1998 Digital Millennium Copyright Act, which prohibits ... Show more content on Helpwriting.net
...
A patent is a twenty year exclusive monopoly on the right to make, use and sell a qualifying
invention. This legal monopoly is considered a reward for the time and effort expended in creating
the invention. In return, the invention must be described in detail to the Patent Office, which
publishes the information, thus increasing the amount of technological knowledge available to the
public. To obtain a U.S. patent, an inventor must apply to the Patent Office and demonstrate that the
invention is new (as compared to prior technology), useful, and "nonobvious." An invention is
nonobvious if it is more than a trivial, obvious next step in the advance of the technology. Software
patents can be extremely powerful economic tools. They can protect features of a program that
cannot be protected under copyright or trade secret law. For example, patents can be obtained for
ideas, systems, methods, algorithms, and functions embodied in a software product: editing
functions, user–interface features, compiling techniques, operating system techniques, program
algorithms, menu arrangements, display presentations or arrangements, and program language
translation methods. Since patent rights are exclusive, anyone making, using or selling the

Case Analysis : § 101
§101 cases are a particularly vexing subject for currently practicing patent attorneys. Specifically,
there is a high state of flux with respect to patentable subject matter, causing uncertainty not only for
attorneys, but also for inventors, investors, and engineers, whose life blood depends upon the patent
system. A "101 conundrum" has resulted from Supreme Court's creation of ineligible categories of
patentable subject matter. These categories are: abstract ideas, laws of nature, and naturally
occurring substances . The Supreme Court has neglected to define these categories , and attempts to
define them have been rejected . While determining whether a claimed invention is directed to an
ineligible category or not should be binary and ... Show more content on Helpwriting.net ...
v. Activision Publ., Inc. Part III provides two historical backgrounds. In the first background of (A),
I draw parallels to the Court's current jurisprudence on §101 and the Court's jurisprudence prior to
the enactment of §103. The second background in (B) is comprised of a detailed history of the
ineligible categories and reveals some of the themes that have arisen in the cases. This brief history
of patent law specifically pinpoints the genesis of problematic language utilized in Alice and the
uncertain implications. In Part IV, I address some of the inconsistencies created by the cases outlined
in Part III (B) and attempt to answer some of the key questions raised. At the end of Part IV, I
introduce a more qualitative standard for approaching the all–important question of whether subject
matter is patent eligible under §101. In Part V, I address recent developments in the law.
Specifically, I explain the Court's reasoning in Mcro, and how it could have benefitted from a more
rigorous standard instead of relying on outdated precedent. Lastly, I address the first Court of
Appeals for the Federal Circuit decision following Alice: Ultramercial, Inc. v. Hulu LLC and
highlight the impact of this decision and how it will hurt not only so–called "patent trolls", but small
inventors as well.
I. ALICE AND ITS IMPACT
The Supreme Court established the most recent §101 framework in Alice Corp. Pty. Ltd. v. CLS
Bank Int'l. In

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

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

Npe's Argumentative Essay
Patents are legal guarantees to exclusive rights to new products and software patents specifically are
crucial for anyone pursuing a niche in technology. Within the last few decades, attention has been
brought to the issue of increasing quantities of software patent infringement litigation being
contested in court. Of the many plaintiffs who file against infringers, Non Practicing Entities or
NPE's are publicly considered the worst offenders because they do not manufacture or offer any
services. Many see this increasing quantity of filings as a sign that NPE's are maliciously taking
advantage of a burdened patent system and call for reform of the United States Patent and
Trademark Office to restrict NPE's from filing patent applications and

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

Modern Day Intellectual Property: The Alice V. CLS Bank Case
Modern Day Intellectual Property
In modern times, the faith that society has in the intellectual property system of the United States of
America is fading. "[Patents] include a wealth of attempts to reward friends of the government and
restrict or control dangerous technologies. Trademark law has shuttled uneasily between being a
free–floating way to police competition so as to prohibit actions that courts thought were "unfair"
and an absolute property right over an individual word or symbol." (Boyle. n.d.) Today, the patent
office routinely approves patents that are broad and vague without demanding more information
about the patent. This allows the patent owners to claim ownership of a broad range of topics,
leaving little room for new ... Show more content on Helpwriting.net ...
The answer to this question is simple, the generics have to have the same number of milligrams of
medication that is included on the label of the brand name medication. In addition to this, the pills
need to get within ten percent above or below the blood concentration of the original brand name
drug that was approved by the FDA. However, the generic drugs usually only vary by three to four
percent in one direction or the other. Most people never notice the difference between generic and
brand name medication. The only major difference between the generic and brand name medication
is that according to the FDA, generic drugs do not need to contain the same inactive ingredients
such as gelatin or flavoring. Therefore, if the original brand name drug is marketed as a one hundred
percent vegan, cruelty free, organic, gluten and soy free product, then the generic version of the
medication may have different inactive ingredients that could change the medication. This is why
medications made by different manufacturers may look different, however they still contain the
same active ingredients. (Levine,

Bibliography On Intellectual Property Rights
Contents Page Overview of intellectual property rights and how it relates to Computing 3
Introduction 3 What are Intellectual rights? 3 What is Patent? 4 What is copyright? 4 Why patent
over copyright 5 Patentability for and against 5 Work arounds 6 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

Why Government And Law Makers Should Support Intellectual...
Intellectual Property
Omid Ashrafi
Nov 27, 2014
City University of Seattle
Abstract
This paper is clarifying intellectual property as one of most important keys in innovation and
research. It is explaining why government and law makers should support intellectual property right,
and also how far government should support intellectual property. Finally, it will mention the two
main elements like religious and economy which is the red line for any government and lawmakers
who support intellectual property.
Answer: Intellectual property is one of the most important keys in innovation and it should be
supported by government under the curtain rules and regulation which is related to economy,
culture, and religious to support ... Show more content on Helpwriting.net ...
(Schaffer, Augesti, & Dhooge, 2014).
Intellectual Property and Economy
Intellectual property is the main elements for economic growth and national competitiveness.
President Obama mentioned that the United States of America must support intellectual property
rights to be successful in an increasingly competitive international market which help the American
people to meet their goals. It clearly shows that supporting of intellectual property by government
completely related to economy because it has a direct relationship with innovation which is the main
buddy in economy, and its benefits will effect to every single industries. In addition, Intellectual
property is not just the final product of workers and companies but also it has positive effects to
innovation of products, supplies, and commercial activities (U.S. Patent and Tred mark office 2012).
Moreover, Intellectual property needs to be supported by government because it is the most
important keys in creating new jobs. According to U.S. Patent and Tred mark office (2012) the
number of direct and indirect employment in technology industry are related to supporting of
intellectual property right. Direct employment in related to Intellectual Property in technology
industries was 27.1 million jobs in 2010 and indirect activities associated with these industries
provided was 12.9 million jobs throughout the economy in 2010. It

Protecting Trade Secrets Is Beneficial
Firms develop some technologies that might not be patentable, might not be worth the cost of
applying for a patent, or might be more valuable if kept undisclosed. They prefer to keep knowledge
of such processes proprietary as trade secrets, or undisclosed information. Trade secrets are
protected by legal rules against learning by rivals through dishonest means. Such protection lapses if
the technologies are discovered by fair means, such as independent invention or reverse engineering.
Protecting trade secrets is beneficial to the extent it encourages the development and commercial use
of sub–patentable inventions. Rules protecting trade secrets thus promote adaptive innovation and
encourage learning through legal means. Research and ... Show more content on Helpwriting.net ...
R&D creates externalities and is a public good, its sale or use does not preclude others using it and
can be consumed by many without lessening its value (indeed we will argue that the greater the use
of it, in many cases the higher its value). It is difficult to price ideas to sell since this requires
revealing them and avoid the need to pay. Firms with innovations to sell are therefore unable to do
so. There are of course some caveats to these problems. Only firms which are already well informed
in the relevant R&D are able to understand and exploit such research innovations ie developments in
research knowledge, although difficult to exclude others from knowing, are in fact difficult to
understand and develop further without the necessary absorptive capacity (Cohen and Levinthal
1990). Only those people with considerable investment already in that area will be able to carry the
ideas forward and exploit them. Hence only those firms with substantial existing R&D departments
will be in a position to commercialize the new research innovations of another producer. Problems
of appropriability are essentially about the low costs of transmitting information and if these costs
turn out to be high, then appropriability as a problem diminishes. Another caveat to the seriousness
of the appropriability problem is that firms with innovations benefit from being first in the field with
information and capture rents

Advantages And Disadvantages Of Licensing
LICENSING
AND
TECHNOLOGY TRANSFER
Chapter Details Page No.
1 Introduction 2 – 6
2 Basic facts of licensing 7 – 12
3 Rights under a license 13 – 14
4 License agreement 15 – 25
5 How to negotiate a license agreement 26 – 30
6 Transfer of technology 31 – 39
7 The ways technology is transferred 40 – 42
8 Technology transfer cycle 43 – 46
9 Benefits and burdens 47 – 49
References 50
Index of figures 50
CHAPTER 1: INTRODUCTION
The concept of licensing has been around for a long time, but its importance in society and business
is being acknowledged with the evolving time. With the changing economic scenario licensing is
proving to be the new profit generating source. ... Show more content on Helpwriting.net ...
The Japanese economic miracle is built on licensing as Japan develops dominance in consumer
electronics, optics and other fields. It is noted that Japan's strategy of extensive licensing allowed it
to jump–start the country rebuilding and, in the case of consumer electronics, to dominate
worldwide markets with its innovations.
The pharmaceutical industry was the first industry to make use of systematic licensing to speed up
product development and also to capture existing market.
Licensing generate a lot of revenue. Say for example, about 90 percent of the $160 million a year in
sales at Calvin Klein Inc. comes from licensing the designer's name to makers of underwear, jeans
and perfume. The only merchandise the New York–based company makes itself, in fact, is its
women's apparel line.. IBM, after energizing its efforts to license its thousands of technology patents
a few years ago, now attributes $1 billion a year of its corporate sales to licensing..

Thus Licensing deals can be seen in ancient time and it still continues to leave its marks and with
evolving time the importance of having a fair knowledge of license and licensing is becoming even
more felt.
WHY LICENSING IS IMPORTANT?
Why every business is considering licensing options? What is so important about

Intellectual Property in India
Intröductiön
It was never the öbject öf patent laws tö grant a mönöpöly för every trifling device, every shadöw öf
a shade öf an idea, which wöuld naturally and spöntaneöusly öccur tö any skilled mechanic ör
öperatör in the ördinary prögress öf manufactures. Such an indiscriminate creatiön öf exclusive
privileges tends rather tö öbstruct than tö stimulate inventiön. It creates a class öf speculative
schemers whö make it their business tö watch the advancing wave öf imprövement, and gather its
föam in the förm öf patented mönöpölies, which enable them tö lay a heavy tax ön the industry öf
the cöuntry, withöut cöntributing anything tö the real advancement öf the arts. The cöncept öf
"intellectual pröperty" in India över the last few years has taken ön söme epic pröpörtiöns för a
number öf reasöns. öne öf the primary reasöns, attributable tö the gröwing awareness amöng the
urban Indian pöpulatiön, is öf the significance and, möre impörtantly, the cömmercial benefits in
prötecting its intellectual pröperty rights böth within and öutside India. And under traditiönal
principles öf intellectual pröperty prötectiön, patent law is tö encöurage scientific research, new
technölögy and industrial prögress. The fundamental principle öf patent law is that the patent is
granted önly för an inventiön i.e. new and useful the said inventiön must have növelty and utility.
The grant öf patent thus becömes öf industrial pröperty and alsö called an intellectual pröperty. And
the cömputer

Rule Utilitarianism: The Controversy behind Software...
We live in a world where most humans act like sheep following the herd; most people would rather
follow the crowd rather than think for themselves. From cheating on an exam to copying other
people's ideas, that seems to be the norm in our society: most people want the easy way out for
everything, as thinking is actually hard to do. So for the very few people who do put effort into
thinking and use their creativity to develop novel ideas and implement them through the
commercialization of a product or service, they have to be rewarded so that all their effort, time, and
money aren't spent in vain.
From a rule utilitarian point of view, from a macroeconomic perspective, granting software patents
by giving the exclusive right to sell, use, ... Show more content on Helpwriting.net ...
That elevated the standard of living of a significant amount of the population in the U.S., thus
raising the overall aggregate happiness of people.
The United States Patent and Trademark Office granted the exclusive right to the Knoll brothers to
profit from their invention – Photoshop, which Adobe acquired through a licensing deal. While
rewarding a person for his invention is good to promote innovation, rule utilitarians would disagree
in grating the patent to them because it implicates a social cost that far outweighs the benefits of that
one software and the people involved in making it. The inelastic nature of the patent gives
tremendous amounts of leverage to Photoshop as it is the undisputed market leader of photo editing
programs because it has features that its competitors aren't allowed to offer due to the patent.
Additionally, while there are alternatives to Photoshop, none of them have the same amount of
features, leaving the marketplace with no "real" substitutes, which leads the company to charge an
exorbitant amount for its software due to its monopolistic nature. Currently, the price for Photoshop
Suite CS6 is $699 and $999 for the extended version. Very few software sell for this price, not even
the Windows Operating System in which Photoshop or any other software is dependent upon to

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

Germany Company IPCom sued Apple infrining on patented...
Germany Company IPCom sued Apple infrining on patented technology that gave emergency calls
priority on mobile networks. Patent and copyrights provide a set of rights granted by government to
an inventor or assignee for period time in exchange for detailed public disclosure of an invention.It
enables people to earn regonition or financial benefits from what they invent or create. No party or
group can take advantage of the invention for own interest without the permission of inventor. In
this case, IPCom accused Apple violate its patent and Copyrights (technology solutions on
smartphone) for the emergency call application on Iphone without agreement between two parties.
Intellectual property rights have three major types: Copyrights, ... Show more content on
Helpwriting.net ...
A good example will like a VIP service. For those who do not have VIP, they are prevented to get
VIP service.
In Oligopoly market, few firms share the market power, produce different products with various
advertising, has substaintial barriers to entry, and they are interdependent and has the the potential
for long run economic profits. In the smartphone market, we know the software installed in phone
has very high fixt cost, since software and smartphone are bundled, so it will have high barrier to
entry the smartphoen market.Currently in the smartphone oligopoly market, there are some
dominant firms like Apple and Samsung.If Samsung comes up new products or new software
application, it will affact other firms operating profit or otherwise. This market is very competitive
and the market share could change easily. Suppose there is one firm maintian major market share,
the firm gains the market power to set higher smartphone price to maximize the profit. Innovation is
the key in the market. In order to gain more market power and compete with other firms, those
companies pay a lot attention on patent of new inventions. They purchased patents, do patent
licensing, or corporated with other technology companies to get the first hand information of
technology. Rencently, we can see a lot patent cased brought into the court. As the competition goes
firerce, companies realize that they can use the patent laws to prevent other

Gottschalk Case Summary
Regarding our partial discussion on Patents. I spoke to my patent attorney regarding what reveal at
this time, you may recall I stopped short of explaining "Machine or Transformation Test" and how it
relates to Gottschalk v. Benson which made software patents feasible. See below
" The Court looked to Gottschalk v. Benson and Parker v. Flook, and noted that both had explicitly
refused to rely on the machine–or–transformation test as the sole test for patent eligibility.[4][5]
The Court also rejected a categorical exclusion of business method patents "
Regarding your inquiry of SIMP patent rights
Our patents are based on recent well documented precedence, purposely constructed to exclude
major parts of our formula and methods necessary ... Show more content on Helpwriting.net ...
All this being said, I fully agree with your assertion, despite having more than enough reserves to
fight common copy cat legal battles, Patents would be useless against the big boys who have 10s of
millions of dollars at their disposal. Hence the reason our revenue platform was designed to offer
both our software and quantitative services for free to all institutions. You questions are not only
welcome they are very much appreciated. Keep them coming for they expose the fact we have left
very little to chance.
I will be returning to Boston from NYC next week lets touch based then.
All My Best

Software Patents and Piracy in China Essay
Software Patents and Piracy in China
Abstract
Software patents raise a lot of issues during the development of IT industry. As a legal action in
protecting the ownership and intellectual property, software patents are applied to a wide range of
codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use
and profit from the product or process in question." 1 This paper will discuss the general
background and effects of software patents. After presenting its current law and situation in China
and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It
suggests that enforcing intellectual property still has a long way to go in China. From ethical point
of ... Show more content on Helpwriting.net ...
Then a patent search will be performed through patent database. After passing the evaluation of the
commercial potential of this invention, it will be patented. This patent will then be legally protected
by US law. If the patent process is filed in other countries, for example, China, the ownership should
also be protected by the local Chinese government.
China has achieved great success in economic reform in the last ten years. The increasing foreign
investment, especially in high–tech, has made China one of the biggest market for the sale and
licensing of IPR products. During the period 1993 to 1997 alone, high–tech related foreign
investments in China has reached a total of $185.8 billion.2 However, IPR protection in China is
still way behind US. The most common problem is piracy. Software piracy refers to the illegal or
unauthorized copying of software. In a sense it is ethical equivalent to pirates' attacking ships in
public water. "The International Intellectual Property Alliance estimates that millions of pirated
DVDs worth $160 million, and $47 million worth of fake CDs and cassettes were sold in China in
2001,"6 In this paper two cases will be analyzed in ethical and legal perspectives of patent and
piracy.
Case Study: Pirate CD salesman is arrested
The case
In Jiangsu Province, the southern part of China, it is not surprising to find pirate

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

How The Brilski Vs Kappos Case Digest
In the U.S. Code section 101 of title 35, the patent law allows for a patent on inventions and
discoveries on machine, manufacture, or useful improvement, but it rejects anything involving laws
of nature, natural phenomena, or abstract ideas. In the legal case, Bilski v. Kappos (2010), the
Supreme Court was forced to find a new set of rules on software patenting. The case was over a
software that used a mathematical formula to minimize risks from fluctuations in market demand.
Before the case, patenting for software dragged on in court due to the Patent Act 101 machine or
transformation test. Under that test, a patent is eligible if it involves a machine or apparatus or if it
transforms something into a different state. The patent was rejected under 101 because it was too
abstract and not an invention. Following the case, the Supreme Court examined the machine or
transformation test and acknowledged that the test is not the only way to find if a patent is eligible.
The ruling opened up more opportunities to define new processes for patenting software. Of those
new avenues begins Alice, a new two–step process for abstract idea analysis. In the case, Alice
Corporation PTY. LTD. v. CLS Bank International, Alice held four patents for a financial trading
system ... Show more content on Helpwriting.net ...
Microsoft Corporation. Enfish sued Microsoft for infringement on similar database tables that were
used for retrieving data from the computer memory and organizing it in a logical table. Unlike other
cases, Enfish described, using a four step algorithm, the improvements the invention made on
computer processes as the court proceeded with the two step test set forth in Alice. The court went
on to recognize the importance of software and stated that "certain claims directed to improvements
in computer related technology, including claims directed to software, are not necessarily abstract."
The impact of this case subtly changed the Alice

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, § 8). A patent provides the inventor with an exclusive right to "use,
license or sell and invention," (U.S. Const. art. I, § 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

The Patent Of Patent And Its General Applications
Patent is an exclusive rights that uses to protect intellectual property rights. In recent years, with the
development of electronic technology and the widespread use of electronic platforms, software
patents has become a hot topic that frequently discussed by the public. To a certain extent, the patent
brought many exclusive economic rights to the product inventors; the inventors can get a lot of
additional economic benefits with their product patent, especially in terms of software patent.
However, on the other hand, the negative effects of patents also should not be underestimated, such
as it might obstruct creativity, and it might cause an unnecessary litigation in order to compete the
patent. Compared to the positive effects of the patent, the negative effects of the patent seems to be
more prominent. This essay will discuss the usefulness and the harmfulness of patent from three
parts. In the first part, the essay will briefly discuss the concept of the patent and its general
applications. Then, it will analyze the disadvantages of patent. Finally, the essay will explore the
effective solution for the vicious competition of patent.
DEFINITION AND EXAMPLE
The patent is a very fuzzy concept. In general, it can be understood as an exclusive economic rights;
the inventors obtain substantial economic benefits from their invention patent. However, more
people would think of patents as a part of intellectual property; they would think of patents as an
important mean of

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

Microsoft vs. Foss
Microsoft's Foss Patent Infringement
Holly Stark
ITT Technical IT 302
Abstract This paper takes an in depth look at the claims from Microsoft that FOSS (Free and Open
Source Software) committed patent infringement in 2006. It also discusses how the events have
impacted FOSS, whether negatively or positively and how the actions have changed both since
2006.
Microsoft's Foss Patent Infringement
Free software is wonderful and corporate America seems to love it. It 's often high–quality stuff that
can be downloaded free off the Internet and then copied at will. It 's versatile – it can be customized
to perform almost any large–scale computing task – and best of all its crash–resistant. More than
half the companies in the ... Show more content on Helpwriting.net ...
In addition, the software makers struck a deal on patents designed to give customers peace of mind
about using Novell 's open–source products. This partnership made Novell the only company in the
industry that was able to provide the customer not only with the code to run Linux, but also with a
patent covenant from Microsoft. (Evers, Joris 2006) Some thought that it showed that Microsoft was
kind of being forced to see Linux as a significant competitor and the FOSS model as a viable
business model. (Upfold, Peter 2006) My personal opinion is that this was an attack on the open
source community. Microsoft hasn't actually changed its tune; it's still actively attacking free
software and trying to abolish GNU/Linux while promoting Windows and other proprietary software
as though they are complementary to free software, which they are not. It's PR nonsense and
Microsoft is good at PR. Since then, Novell was sold in 2010 to Attachmate Corp. and a concurrent
sale of certain intellectual property assets was sold to CPTN Holdings LLC, a consortium of
technology companies organized by Microsoft Corporation. It plays right into the hands of
Microsoft's PR campaign, which strives for a fusion where Microsoft controls both sides of the
competition and then derails the side which is less favorable to Microsoft. Microsoft has done that
over and over again for many years and victims include giants like IBM and Apple.

Explain The Three Primary Ways To Protect Intellectual...
If you think you've discovered a wonderful idea, useful new invention, or a special twist that
improves an existing product, you certainly don't want someone to steal you idea. Ideas for
products, inventions, trade names and even specialized literary content fall under the category of
intellectual property. Here are the three primary ways to protect your intellectual property.
Copyright ©
If you are an author, or an artist/sculptor, you have a legal right to protect anything you write or
create. Things that fall under the copyright category for intellectual property are books, music,
paintings, sculptures and plays, or motion pictures.
Computer related items also fall under this category. This could be software, databases, video
presentations,

Intellectual Property: An Important Asset in the Current...
Intellectual property is an important asset in the current knowledge economy. Intellectual property
typically covers the areas of Copyright, Patents and trademark law. In recent years, firms have
chosen to protect software based patents commonly used in smartphones. The use of patents to
protect software–based technologies has increased exponentially in the past 10 years since the
introduction of the iPhone in 2007 by Apple. Empirically, there is no clear correlation between
patent protection and economic growth (Iwaisako and Futagami). However companies are investing
more in the protection and acquisition of intellectual property to gain a monopoly and competitive
advantages. For the main this paper will concentrate on the protection of IP. Yet, the benefits of
acquisition strategy of IP should not be ignored. It is itself blended in the fabric of protection
strategies. Protection strategies allows for the acquisition of IP which in turn fosters economic
output and innovation.;
Protection
IP Protection fosters innovation and innovation activities. Protective strategies enhance a firm's
competitive offering. Patent protection strategies described by Mazzoleni and Nelson (1998) align
with the neoclassical view of organisation and profit maximisation. Increased protection of IP allows
companies to create a strategic advantage. The protection offered in IP systems such as patents
fosters innovation and innovative activities. IP systems secure R&D investment, which is

Software Patents, Copyright, and Piracy Issues in India...
Software Patents, Copyright, and Piracy Issues in India
Introduction
India has developed enormously in the field of science and technology. Information Technology has
been one of the fastest growing sectors in the country and a major contributor to the economy.
India's economy has boomed over the past decade due to Government's initiates. With it vast pool of
educated population and its leading presence in the Software arena India is fast becoming a
knowledge hub.
This paper gives an overview of Patent, copyright and Cyber laws, software piracy issues, and
analyses the economic benefits of reducing piracy and the ethical issues of piracy.
Overview of Patent, Copyright and Cyber Laws
The protection regarding Intellectual ... Show more content on Helpwriting.net ...
The legislation is supported by the Patents Rule, 1972("the Rules") which have been amended and
update periodically, the latest amendment being Patents(Amendment) Rules, 1999.
Key Features of Patents:
*) the term of the patents was originally 14 years. This was amended under TRIPS obligations to 20
years
*) Software can probably be patented in India. In the US and the European Union it can be patented
if it shows technical effect. Article 27 of TRIPS lists out the patentable subject matter.
*) Business Method cannot be patented in India as of now. It can be patented in US and European
Union if it uses technology in a unique manner.
*) The international governing patents include Paris convention and the Patent convention treaty.
Copyrights:
Copyright is about protecting the expression of an idea, rather than the idea itself. It covers original
literacy, dramatic, musical or artistic work. Literacy works include computer programs, tables and
compilations including computer database.
Copyright Law:

In India the Intellectual Property rights of computer software is covered under copyright law.
Accordingly the copyright of computer software is protected under the provisions of the Indian
Copyright Act 1957, which was substantially amended in 1994 and reintroduced in 1995. With these
changes, the Indian Copyright Law has become one of the most stringent laws in the world.
The 1995 law clearly explained for 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. Similarity Difference Patent Protects intellectual property
Types: utility, design, plant

Software Patent Protection Research Paper
Software patentability has been a controversial debate for a long time. Some countries, such as the
United States broadly allow software patents. Meanwhile, in most countries, such as Europe and the
United Kingdom, patentability of software is on an ad hoc basis, where the certain tests and
approaches are adopted and shifted over time. The more pressing question therefore relates to the
scope to be accorded to software patents.
Accordingly, this essay examines the boundaries within which software patents are granted under
the jurisdiction of the Boards of Appeal of the European Patent Office ("EPO") and the United
Kingdom. For this purpose, in addition to the introduction and conclusion, with respect to each
jurisdiction, the essay first ... Show more content on Helpwriting.net ...
1.2 Observations
1.2.1 Narrow scope of patent protection for software
As referred to in section 2.1, due to the excluded subject matter, there is a misconception that
software is not patentable in Europe. However, in practice, the EPO has granted thousands of
software patents since its formulation. Scholars assess that the scope of patent protection for
software interpreted by the Boards of Appeals is fairly limited.
Nevertheless, "narrow" or "broad" are the abstract concepts, which should be evaluated in
conjunction with the benefits and costs of software patents. Therefore, it is relevant to examine the
reasons for opening or closing door for software patents to take a stand in assessing how broad or
narrow the scope of patent protection should be.
Some commentators argue that the optimal scope should be broad for the reasons set out below.
First, given that copyright does not protect technical innovation and ideas of software, patent which
protects such aspect may give satisfaction to the inventor for his hard work and intellect.
Second, software patents will stimulate investment and incentives to invent because details of the
invention are available to the public. As recognized by the EPO, it will promote the innovation of
the software industry.
Some researchers also predict that European patent law will follow the lead of the United States in
going through three phases: (i) first doubted; (ii)

Summary On The Court Decision Decides A Software Patent...
Summary
This Supreme Court decision decides a software patent complaint between Alice Corporation Pty.
Ltd.
(Alice) and CLS Bank International et al (CLS Bank). The question in this case asks whether a
patent
claiming the use of a fundamental economic principle is eligible for patent because it applies the use
of
a computer.
Procedural History
The petitioner of the case, CLS Bank, has several patents (Nos. 5,970,479, 6,912,510, 7,149,720,
7,725,375) pertaining to the "exchange of financial obligations between two parties by using a
computer system as a third–party intermediary" i.e. escrow. (Alice Corp v. CLS Bank, 13–298 S. Ct.
2
(2013)) The respondent in this case, CLS Bank, is a cash settlement service dealing in the foreign
exchange market. CLS Bank has filed suit against Alice in District Court, claiming the patents are
invalid, unenforceable, or not infringed. After the Supreme Court decided on Bilski v. Kappos, No.
08–
964 (2010) both parties filed cross motions in District Court seeking summary judgment as to
whether
the asserted claims are eligible for patent. The District Court held that the claims are patent
ineligible

because they are directed to an abstract idea. The U.S. Court of Appeals for the Federal Circuit
reversed the decision with a divided panel. Their assertion stated that there was no obvious use of an
abstract concept. The Federal Circuit then agreed to hear the claim en banc and vacated the panel 's
1
opinion

The Pros And Cons Of Hitachi
I. Introduction
In this decade, "design thinking" has been captured attention from innovation scholars. Design
thinking, originated from basic practices of designers, is a series of activities and attitudes toward
bringing innovation [3][26]. This idea does not claim a necessity of being a designer, but designers
may have a high potential to be an innovator in a various occasion.
In fact, recent management studies discovered that industrial designers contribute to innovative
scientific research in the natural science field [5][29]. These studies clearly illustrate how industrial
designers tactfully set a demand–pull goal and facilitate consensus–building among research project
members.
They are also likely to achieve technological innovation in the industry sector. Reference [27] found
their superiority in setting a consumer–oriented goal. Indeed, a versatile entrepreneur and industrial
designer, James Dyson, invented a novel vacuum technology to resolve a suction problem, which
has long made consumers ... Show more content on Helpwriting.net ...
This company has a certain global market share in the general electronics field, such as electricity
generators or transportation systems, similarly it grabs 25% of the domestic home electrical
appliance market in 2010. It has a central design department and industrial designers basically
assign to the department. A striking benefit of choosing Hitachi is in its design right (a patent–like
protection system for a shape of products, and similar to design patent in the United States)
documents. The majority of patent or design right applicants do not indicate detailed affiliations of
every inventor/creators in their application documents; however, this company exceptionally
indicates its design creators' affiliation at the department level. Thus, by connecting this information
with patent data, we can estimate at a high accuracy that whether an inventor is an industrial
designer or

Intellectual Property ( Ip ) Is Everywhere
Intellectual Property (IP) is everywhere. IP is inventions. IP is literary and artistic works. IP is
designs or symbols. IP is names and images used in commerce. Almost everything is IP. These
things can be protected by patent, copyright, service mark, or trademark. These topics are very
complicated; the consolidated version of US patent laws and rules is over 200 pages long. While
there are many good things about IP protection, there are also many unnecessary problems with it
that should be changed. Some of these problems include IP education, and the lack of it, the time
frame that these protections span, and the major lack of solid international laws. In most grade
schools and high schools, the only IP protection education is your English teachers telling you not to
plagiarize copyrighted works, or a business class may go into it a little. The majority of patent and
copyright education is in law schools but it is important to all of us, even if we don't want to go into
law, that we know these laws. Everybody is affected by IP, everybody creates IP, and everybody is a
copyright holder. Many people don't know that any original work is copyrighted from the moment it
is created in a tangible space, such as paper, film, or silicon chip, no registration necessary.
Copyrightable works include literary works, musical compositions, films, software programs, or
paintings. Patents cover inventions, ideas, designs, and compositions of matter. To get a patent, you
must first

Essay on Sheila Mason and Craig Shepherd
1. What are the most important issues confronting Sheila Mason? Explain you priority of important
issues. The most important issue confronting Sheila is that her previous company, ATS, is claiming
she may be in violation of her Employee Noncompetition, Nonsolicitation, Nondisclosure and
Development Agreement that she signed when she was hired by the company. The day after she quit
she began officially working for her own company, which ATS indicates is in direct competition
with its own business. Her agreement with her former employer indicates that she cannot be
involved directly or indirectly with another company for a period of one year after leaving ATS that
is in competition with ATS. Mason also has another issue with the ... Show more content on
Helpwriting.net ...
This was a direct result of Shepherd disclosing information to his boss that revealed his invention.
This is by far the most pressing issue for Shepherd because if he is unable to fully protect his
invention from his employer, none of the remaining issues even matter. Nova does not develop any
type of translation engine themselves, however they are in the business of rewriting applications to
run on new systems. This demonstrates to Nova that Shepherd could have used knowledge gained
while working at Nova to develop the translation engine. This also brings up the issue of the
translation engine he developed being in direct competition with Nova's current business. Another
issue confronting Shepherd is that the software he created, even though it was development during
his own personal time using his own personal machine, it was created while he was currently an
employee at Nova. Disclosing this information to his employer gives them enough justification to
claim ownership of that software. As agreed by Shepherd when joining Nova, they claim all
ownership of any ideas or software that Shepherd generates while he is an employee of the
company. 3. What is your evaluation of the non–disclosure agreement (NDA)? Would you sign this
as a venture capitalist? Why or why not? The non–disclosure agreement presented by Mason and
Shepherd seeks to safe guard their idea, such

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

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). A patent 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

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

Copyright And Copyright Infringement Trials
Intellectual properties are anything that is created by the mind. This includes inventions, designs,
books, etc. Many people protect their intellectual by copyrighting their work. Copyrights are
trademarks or patents, and give the owners of the work the right to claim their work and protect it
from theft. Use or reference of famous work is permitted when it is for "transformative" or limited
use. This work be considered "fair use" and many copyright infringement trials have been dismissed
because of this. Copyrights are an important tool to ensure that copyrighted work that is referenced
mentions the original inventor, rather than stealing their invention and claiming it as their own.
Copyright
Trademark:
Trademark is a sign, design, or expression used in order to set a business apart. Trademarks serves
as two primary functions. The first is to provide protection to manufactures and traders by not
allowing unfair competition. It also protects customers from impersonations. Trademarks today are
governed on state and federal level. Trademarks today are considered property, meaning that
trademarks can be sold, inherited, or even leased as long as it is not the intent to fool the customer.
Patent:
A patent gives all rights to the inventor and prevents anyone else from making using and selling
their idea. There are three different types of patents. The first is the utility patent, which is the most
common type of patent. Utility patents has to do more so with

Software Patents : Are They Worth It?
Ethics Paper
Software Patents – Are they worth it?
Ajmal Kunnummal
Fall 2014 Software 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

Definitions of Intellectual Property
Definitions Intellectual Property
Name
Institutional Affiliation
Date:
Definitions Intellectual Property
Definitions of intellectual property, its legal protections, and the impact of the moral justifications
that exist in cyberspace
Intellectual property defines a wide range of the property created by investors, artistes, authors, and
musicians. The law governing intellectual property naturally includes the copyrights, trademarks,
and patents law. Its main intention is to motivate the development of art, sciences, and information
giving defined rights of property to all the artistes, who include inventors of science and art. These
rights assist artists to safeguard themselves from violation, unauthorized misuse, and use of their
creations. Service marks and trademarks safeguard distinguishing characteristics (such as a package
and name design) that are linked with certain products and services that display commercial source
(Blakley, Johanna 2010).
Laws safeguarding copyrights have strong links with the England law of the eighteenth century.
Complete patent laws may be tracked from the seventeenth–century in England, but they have
always been part of the law of United States from the colonial period (Spinello, 2004). The concepts
of patent and copyright were all included in the constitution of the United States. The congress has
the power to encourage the development of useful art and science. It does this by safeguarding
constraint time to inventors and authors the

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