JPO Opposition Proceedings

Questions On New Opposition Proceedings
#7) New opposition proceedings are available at the JPO as of April 1, 2015.
In April 2015, the JPO introduced opposition proceedings which are most like USPTO post–grant review. The opposition petition must be filed with
the JPO within six months of patent issuance. Like post–grant review, anyone can file an opposition and may ground arguments based on evidence that
would be relevant during substantive examination. These proceedings were similarly designed to quickly review and identify defects in a patent shortly
after issuance.
For quick review, opposition proceedings at the JPO are based only on written documents and there are no oral hearings. The JPO Board will review
the opposition petition and decide whether there are reasons ... Show more content on Helpwriting.net ...
From the patent owner's perspective, opposition proceedings enhance confidence in the issued patent; the patent is less likely to be attacked after six
months from issuance since the cost to request trial for invalidation is higher and only interested parties may file.
At this time, there is little data available about the new opposition proceedings in order to evaluate the win–win theory. The most recent JPO Statistics
Update, published February 16, 2016; provides data through December 2015. Thus far in FY 2015, there were 389 oppositions filed and 133 requests
for trials for invalidation. During that same period in FY 2014, there were 146 requests for trials for invalidation.
Since the number of requests for trials for invalidation are similar (less than 10% difference) before and after the new opposition proceedings came into
effect; it is still unclear whether the new opposition proceedings will reduce the number of requests for trials for invalidation. Practitioners should wait
and assess the number of successful oppositions and determine the invalidation rates during the new proceedings. The invalidation rates may encourage
/discourage filing opposition petitions as compared to requests for trials for invalidation.
#8) There is no standard of proof for patent invalidation in JPO proceedings or in Japanese court litigation.
During JPO invalidation proceedings, there is no statutory standard of proof.
... Get more on HelpWriting.net ...

The Professional Standards Board For Patent And Trademark...
Introduction.
The Professional Standards Board for Patent and Trademark Attorneys (PSB) has received a complaint against Michael Masri (Masri) and Julie Chun
(Chun).
The PSB is to decide if disciplinary proceedings are warranted against Masri & Chun before the Patents and Trade Marks Disciplinary Tribunal
(PTMDT).
The professional conduct of Masri and Chen is discussed in relation to the Patents Regulations 1991 (Cth) and Code of Conduct for Patent and Trade
Marks Attorneys .
Breaches are discussed together with the procedures of the PSB in deciding if there is likelihood that either Masri and/or Chen will be found in
breach of either of these regulations. Specifically, Chapter 20 Part 8 the Patents Regulations 1991 (Cth) and Part 3 Section 15 (8) of Code of Conduct
for Patent and Trade Marks Attorneys.
Facts.
1)The Firm acts for a multi–national commercial cleaning equipment company, Clean Space Limited (CleanSpace), and Australian domestic appliance
company Smart Home Pty Ltd (SmartHome).
2)The Firm handles objections and drafting amendments in respect of the patents drafted offshore for CleanSpace.
3)The two companies operate in different areas – SmartHome in domestic appliances – CleanSpace in commercial cleaning equipment.
4)Masri is a partner of The Firm (The Firm) with12 partners and 40 employees, has 25 years post registration experience as a patent attorney and is
responsible for CleanSpace.
5)Chun is employed by The Firm as a registered

Ck Claridge inc
9–910–045
MAY 3, 2010
JOHN S. HAMMOND
C.K. Claridge, Inc.
On a Sunday in mid–September 2009, Christine Schilling was in the office of Ralph Purcell, president of C. K. Claridge, Inc. (CKC). Schilling,
recently hired by Purcell, was going over an analysis she had recently prepared and discussed at a meeting in New York with the firm's intellectual
property attorneys. Purcell hoped that by the end of the afternoon, aided by Schilling's insights, he would be able to establish a course of action that
might hasten the final settlement of a patent suit brought against CKC three years earlier by the Tolemite Corporation and its licensee,
Barton Research and Development (BARD).
The Contenders
CKC was founded in Milwaukee, Wisconsin, in 1948 as ... Show more content on Helpwriting.net ...
In 2005, five years after Tolemite had received its patent, a research chemist at CKC had, quite independently, discovered a very similar process for
synthesizing Varacil. The CKC researchers, however, had not felt that the new processing techniques could be patented. Thus, no patent search had
been initiated and production facilities had simply been converted to the new process. At the time, no one at CKC had suspected the degree to which
its new process was similar to the one originated by Tolemite and covered by Tolemite's process patent. It was with some surprise then that CKC
management learned that it was being sued by Tolemite and BARD for patent infringement.1 Varacil
Varacil was a chemical substance sold almost exclusively to pharmaceutical manufacturers.
Although it appeared in a variety of drug preparations, it represented only a minor fraction of any one drug. The economics of its manufacture (high
fixed and low variable costs plus economies of scale), however, suggested that it be made in long, high–volume runs. Thus the major drug companies
themselves were not involved in its preparation.
Before 2000, Varacil had been processed from naturally occurring organic chemicals found in animal tissue. As a result of the high cost of these natural
chemicals, the cost of Varacil itself had been relatively high. With the advent of synthetic Varacil, this situation changed dramatically.
Variable costs in

Inventions Of The United States
In the year 1790, the United States had begun to make a name for itself. The United States was ending its own revolution and the world was evolving
around it. The country's new found freedom created a need for self–reliance. The United States was out to prove its worth, that its institutions,
democracy, and military were worth the efforts of so many. During this time the number of inventions created throughout the world was astonishing.
Inventions like: the cotton gin, batteries, cupcakes, crackers, gas turbine, and bicycles are just a few inventions that were created during this time
period. Donalad W. Banner, U.S. Commissioner of Patents and Trademarks, wrote The Book of Knowledge where he explained that before thepatent
was created ... Show more content on Helpwriting.net ...
Also to make sure credit was rightfully awarded to them. With that came the birth of the first patent. Theinvention of the first patent has brought up
many different questions like where does one go to get a patent, who created it, how is one obtained, and what rights do they provide?
A patent is a legal document giving inventors the property right to their own invention. A patent didn't always mean the rights to an invention though.
A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the
patent is used only for the rights to your invention. Virginia Alexandrea from TheUnited States Patent and Trademark Office wrote the article "General
Information Concerning Patents" where she described what Patent rights include.
"The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using,
offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to
make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a
patent is issued, the patentee must enforce the patent without aid of the USPTO" (ALEXANDRIA 1).
A patent grants you 17 years of rights to your invention, and after that time the inventor either

Case Study Of Colgate-Palmolive Case
The rejection of this patent by the European Patent Office comes as a major milestone in the Intellectual Properties legal space. There are direct short
term and long–term implications on the future of international patenting laws and the related stakeholders.
1.13Impact on Colgate
For a start, Colgate–Palmolive are struck with quite a blow, losing their chance to patent the formula, which has a direct impact on their product and
market strategy. The company's plan had been to ride on the success of the mouthwash formula to gain a competitive advantage over other players,
which has been foiled now. Colgate–Palmolive will now have to think of some alternative and innovative strategy to keep its hold over the mouthwash
segment of the oral care market. This patent if granted would have allowed Colgate to introduce some new variety to its mouthwash product portfolio
and cater to the increasingly health conscious consumers.
1.14Impact on Other Companies
This judgment also serves as a deterrent for any third party to blindly copy the traditional Indian recipes, and make profits on an already used
medicine. Not only India, but many civilizations had their own traditional healing methods and formulas, which are still being used in places around
the world. Multinationals will always try to capitalize through such methods, and a case like this will ... Show more content on Helpwriting.net ...
With increasing globalization, patent laws also need to be globalized. Companies have always been trying to patent some inventions from other parts of
the world. But in this information age, the old habits cannot be allowed. Although an Indian formula, Colgate–Palmolive filed the patent in the European
Patent Office. There needs to be an international forum, where patents from all over the world are filed and scrutinized together, rather than some
companies trying to patent knowledge in one part of the world, and making profits in another

Comparison: Patenting Life by Michael Crichton and...
In "Patenting Life," Michael Crichton argues that the government is mishandling the patenting office with the awarding of patents for human genes.
Gene patenting is blocking the advancement of modern medicine and could be costing many patients their lives. The hold on research results in the
discovery of fewer cures for modern diseases. The United States Patent Office awards patents to companies that discover cures, tests, and medical
operations for human genes. These patents are in use to compensate these companies for their discovery and encourage them to advance their research
and create more medical advancements. Canavan disease is a disorder children inherit that begins to show symptoms at three months; they cannot crawl
or walk and ... Show more content on Helpwriting.net ...
9). Michael Crichton has many good points in his paper, but the fact that the argument uses bias word choice and does not give positives and negatives
shows that the argument has fundamental flaws. Crichton needs to state facts and real life situations, while depicting positives on both sides of the
issue. Crichton needs to be more open to gene patenting when writing his essay. Michael Crichton makes a good point when talking about the
examples given. The situation dealing with Canavan disease and the Miami Children's Hospital Research Institute is a good example of how gene
patenting can block the general population from enjoying a medical advancement. Another example is when Crichton states, "When SARS was
spreading across the globe, medical researchers hesitated to study it because of patent concerns" (442 par. 12). Gene patenting has a fundamental flaw
in it because it is slowing the advancement of modern medicine. Gene patenting blocks researchers from looking into genes that companies own and
demands royalties every time the patent is in use. This is a problem that the United States needs to address so that patients can enjoy all the medical
advancements that are in reach for the future. Michael Crichton gives weight to his argument by using the

Essay about United States Patent Office as a Government...
The United States Patent Office ("USPTO") faces criticism from its users and legislators that the timeliness of the patent process and ultimate quality
of issued patents are inadequate. In order to address this criticism Congress made several changes to the authorities of the USPTO in the last decade
and considered more changes in 2009. Nevertheless, problems persist and some stakeholders argue that reorganizing the USPTO as a government
corporation would best alleviate these problems by broadening its authorities even further and releasing it from external constraints. The USPTO had a
backlog of over one million patents at the end of 2008. Given the rapid pace at which technology currently evolves, demand for patents is only... Show
more content on Helpwriting.net ...
This paper begins with a brief discussion of the problems that the USPTO currently faces. Next, it describes the proposal that the USPTO become a
government corporation and how this proposal might alleviate the problems identified in section one. The third section describes the USPTO's current
status as a PBO and how this status both differs from a structure as a government corporation and is inadequate to fully solve the problems identified in
section one. The fourth section presents and analyzes pending legislative changes to the USTPO, which might grant it similar authorities as a
government corporation. The next section describes the specific structures some proponents propose for structure the USPTO as a government
corporation and key legislative steps necessary to do so. Finally, the paper concludes with an analysis of the proposal.
I.Problems at the USPTO
Since the very first patent issued, the public's demand for patent protection steadily increased. In 2008, the USPTO had over one million pending
patent applications. The USPTO sought to increase its workforce by 1,200 employees per year in order to meet this growing demand. However, the
USPTO competes with the private sector for talent and, since government practices in hiring and promotion are more cumbersome than private

Organizational Marketing Case Study: L OrГ©al Company
Table of Contents
1.Part One: Executive Summary
2.Part Two: The Product
3.Part Three: The Market
4.Part Four: The Marketing Plan
5.Part Five: The Competition
6.Part Six: Risk Management
7.Part Seven: Operations
8.Part Eight: The Management Team
9.Part Nine: Personnel
10.Part Ten: Financial Data
11.Part Eleven: Supporting Documentation
12.Part Twelve: Resources
Part One: Executive Summary
L'OrГ©al is the world's largest cosmetics company and has developed activities in the field of cosmetics, concentrating on hair color, skin care, sun
protection, make–up, perfumes and hair care, the company is active in the dermatology, toxicology, tissue engineering, and biopharmaceutical research
fields and is the top nanotechnology patent–holder in the United States. In 1909, EugГЁne Paul Louis Schueller, a young French chemist of German
descent, developed a hair dye formula called AurГ©ale. Schueller formulated and manufactured his own products, ... Show more content on
Helpwriting.net ...
2000 – Acquisition of Matrix and Kiehl's since 1851 in the United States.
2003 – L'OrГ©al is the majority shareholder in Shu Uemura in Japan.
2004 – Takeover of Gesparal holding.
2006 – Acquisition of The Body Shop.
2007 – Creation of the L'OrГ©al Corporate Foundation.
2008 – Acquisition of YSL BeautГ©.

2009 – L'OrГ©al celebrated its centenary and set itself the target of winning over one billion new consumers.
2010 – Acquisition of Essie Cosmetics in the United States.
2011 – Acquisition of Q–Med, by Galderma, and of Clarisonic.
Part Two: The Product
Mission Statement L'OrГ©al has set itself the mission of offering all women and men worldwide the best of cosmetics innovation in terms of quality,
efficacy and safety. By meeting the infinite diversity of beauty needs and desires all over the world. Beauty is a language. Beauty is universal. Beauty
is a science. Beauty is a commitment. L'OrГ©al, offering beauty for all.

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

Copyright And Copyright Of Copyright
Main heading: Introduction
Content:
Introduction
Copyright
What is a copyright
Protection
Registration
Infringement
Trademarks
What is a trademark
Trademark registration
Trademark infringement
Patents
What is a patent
Types of patents
Patent registration
References
Main heading: Copyright
Content: A Copyright is legal protection granted to original works, however it does not cover an idea in and of itself, it only covers the expression
of it in a fixed or physical form. The author has the exclusive right to reproduce or sell the work, distribute copies, display the work publicly, perform
the work publicly, or prepare "derivative works". Each use of that work can be assigned or licensed; any transfer may be terminated ... Show more
content on Helpwriting.net ...
When the copyright expires the work becomes available for anyone to use in any way they like.
While it is not required by law, it is still beneficial to register your copyright to create a public record of the date of creation and the original owner,

which would be required later to take legal action against infringement. To register, visit www.copyright.gov , download and complete the form then
send it to the Copyright Office with documentation of the work that you are registering plus a filing fee.
Copyright infringement is the unauthorized use of a copyright–protected work that was intentionally performed without seeking permission or using
correct notice of ownership. If you are aware that someone is infringing upon your work, you should give them a cease–and–desist letter. If that does
not work the next step is to obtain an injunction or restraining order to stop use.
Main heading: Trademarks
Content: Atrademark is used by a business to distinguish its products or services from those of its competitors and prevent confusion. Trademarks are
grouped into two general categories, "traditional" and "non–traditional." Traditional trademarks include: a word, a letter, a phrase, a design, or a shape.
Non–traditional trademarks include: a color, a smell, a sound, a hologram. You cannot however register a trademark that: Is confusingly similar to
another mark that is already registered, immoral, deceptive, or scandalous, depicts a living

The Invention Essay
So You've Just Come Up With A Million Dollar Idea– Now What?
While there is no set formula on how a would–be inventor can take their great idea from mind to manufacturing, there are some things they must be
aware of and some steps they simply must take as they move forward. If you think you have one of those great ideas, set aside all celebrations for the
time being and start taking real action toward making the idea a productive and profitable reality. Be warned, though: this isn't going to be easy.
1. Ask Yourself Some Serious Questions
It's very important to keep your feet on the ground, even if you feel you've reinvented the wheel in spectacular fashion. An idea itself is worthless until
proven in many ways, but that can be ... Show more content on Helpwriting.net ...
When talking to potential partners, you're likely to get more valuable feedback on setting up a company, manufacturing, distribution and other
important elements of a startup.
A second (third, fourth and beyond) opinion should provide you with affirmation that your idea has value, beyond what you've imagined thus far. These
outside opinions help you to chisel your idea into something with real–world applicability. Also, be prepared for the naysayers, who, although
discouraging at first, can also give you useful information.
3. Analyze Development And Production Costs
It's one thing to create a homemade prototype, quite another to put it into real production. How much is it going to cost to perfect your prototype
enough to actually manufacture it? How much will it cost to produce each unit and who can handle that for you? Ideas are typically modified in the
development stage, meaning your original idea may evolve into something different or even spawn two or more spinoff ideas, equally valuable and
worth pursuing.
Although the technical aspects of bringing an invention to the production stage are tedious and challenging, this is a crucial stage for you and will
determine the economic feasibility of moving forward. You need to figure out who you can trust, where your startup capital is going to come from and
whether or not you should form some type of company now. Depending on your educational level

Intellectual Property : An Important Component Of National...
Intellectual Property is a general term used to refer to independent statutory or non–statutory systems such as patents, copyrights, trademarks and trade
secrets (Drahos). Like the industrial revolution, post–war consumerism and the technology revolution, the world is currently in a state of change
(Daly). Unlike those periods, however, the convergence of economic, social and environmental pressures has created an even more favourable platform
for innovation (Daly). Intellectual Property plays an integral role in many functions of everyday life, specifically in encouraging innovation through
product development and technological change (Daly). IP protection is also an important component of national economic policies (WIPO).
Governments face complex choices regarding how to design a patent system that best serves their specific policy objectives, as well as responding to
ever changing technologies and business models (WIPO). Explanations of economic growth are increasingly focusing on the power of estimated
profits as motivators for innovation (Gould & Gruben, 1). This paper will first explain the premise of Intellectual Property, than give a brief theoretical
background, followed by a discussion of how Intellectual Property is affected by the Economic Growth Theory, and describing the importance of
Intellectual Property rights protection, as a means of demonstrating how Intellectual Property may save the world's economies.
Explanation of Intellectual Property In order to

Intellectual Property in The US
Intellectual Property Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control
and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property
from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these
safe guards. "Intellectual Property has the shelf life of a banana." Bill Gates
Why Protect Intellectual Property "Protecting your intellectual property is crucial to your business." (Hinson, 2014) When business have intellectual
property that is going to be popular or helpful in ... Show more content on Helpwriting.net ...
("Patents," 2014)
Copyrights
"A copyright provides protection for original works of authorship, fixed in a tangible medium of expression including literary, musical, and dramatic
works, as well as photographs, audio and visual recordings, software, and other intellectual works." (Hinson, 2014) Copyrights are often the most
difficult intellectual property to protect. The internet has become such an important tool for business and commerce. However, it is becoming
increasingly difficult to enforce laws that are broken via the internet. Many times piracy is the biggest issue of copyright infringement that involves
intellectual property.
Trademarks
"A trademark protects the name of your product by preventing other business from selling a product under the same name." (Hinson, 2014)
Trademarks are incredibly important to business and especially corporations that produce many products that can be mimicked easily. A service mark
falls under trademarks. A service mark is used when a business offers services rather than products. (Hinson, 2014)
FBI'S role The Federal Bureau of Investigation (FBI) tracks and helps to enforce violations of intellectual property crimes. "The FBI's strategic objective
is to detect and disrupt state sponsored groups and international and domestic criminal organizations that manufacture counterfeit and pirated goods or
steal, distribute or otherwise profit from the

Summary And Background Of Stryker Corporation
Summary and Background Currently, Stryker Corporation is in a law suit centered on patent infringement with their competitor, Zimmer Corporation.
The case which will be analyzed and explored is currently pending hearing by the Supreme Court. The current questions that the petitioners, Stryker,
are asking of the Supreme Court are as follows: "1. Has the Federal Circuit improperly abrogated the plain meaning of 35 U.S.C. В§ 284 by forbidding
any award of enhanced damages unless there is a finding of willfulness under a rigid, two–part test, when this Court recently rejected an analogous
framework imposed on 35 U.S.C. В§ 285, the statute providing for attorneys' fee awards in exceptional cases? 2. Does a district court have discretion
under 35 U.S.C. В§ 284 to award enhanced damages where an infringer intentionally copied a direct competitor's patented invention, knew the
invention was covered by multiple patents, and made no attempt to avoid infringing the patents on that invention?" (SCOTUS Blog, 2015) Stryker is
petitioning the Supreme Court to explore these questions, because prior to Supreme Court filing, there had been a series of lawsuits and appeals
between the plaintiff, Stryker, and defendants, Zimmer. The preliminary suit was focused on infringement of pulse lavage medical devices. Stryker
and Zimmer are the two main developers and manufacturers of this medical device noted in the suit. Medical pulse lavage systems are complicated
devices which are used by a surgeon

The Pros And Cons Of The Biotechnology Revolution
The biotechnology revolution offers extraordinary new possibilities for preventing and treating diseases, and for a deeper understanding of how
organisms interact with each other and their environment. Many of the recent breakthroughs in molecular genetics, biochemistry, and cell biology also
promise valuable commercial applications, such as new methods of manufacturing vaccines, enzymes, and new organic compounds.
An unforeseen and deeply troubling aspect of this commercialization, however, is the transformation of biological entities –– the products of hundreds
of millions of years of evolution –– into private property. This is taking place through a radical extension ofpatent law to encompass gene sequences,
isolated cells and tissues, genetically engineered animals, and even natural ... Show more content on Helpwriting.net ...
government, in response to pressures from corporations in the United States, is seeking to force all countries to accept U.S.–style patent laws. For
example, the government threatened to end science and technology agreements with India, unless the Indian patent laws were extended to cover
pharmaceutical and agricultural products. The public is only just realizing the speed and scope of this privatization of biological material. For instance,
Monsanto owns a patent covering all genetically engineered cotton, and Duke University has patented genes involved in Alzheimer's disease. Human
Genome Sciences has patented the entire genomes of certain bacteria that can cause serious diseases in humans, to gain a monopoly on the
development of new antibacterial agents. Myriad Genetics owns patents on the human genes that, when damaged, lead to breast cancer. And Axys
Pharmaceuticals has applied for patents on the cells and genes of New Guinea tribes, for their presumed value in the development of certain treatments
against viruses to which the tribes may have developed

The Patent Reform Act Of 1952
The Leahy–Smith America Invents Act, passed on September 16, 2011, was the most significant reform to the patent system in the United States since
the Patent Act of 1952, which redefined the patentability of patent to include being nonobvious in addition to new and useful (1). The demanding need
for patent reform had been discussed and debated frequently both within the literature focusing on patent trolls and consistently in Congress with the
introduction of many patent reform acts that were never enacted: the Patent Reform Act of 2006 at the 109th Congress, the Patent Reform Act of 2007
at the 110th Congress, and the Patent Reform Act of 2009 at the 111th Congress (2–5). The enactment of the America Invents Act in 2011 after the
failure of previous reform attempts signifies its importance in addressing the pressing issues of the United States patent system. The America Invents
Acts specifically aimed to confront problems that were impeding innovation: the ever–increasing expense of the patent process, the exploitation of the
patent system by patent trolls, and the unnecessary complexity and inefficiency of the patent process as a whole. Although the process of obtaining a
patent–patent prosecution–of minimal complexity costed on average approximately $10,000, the most expensive part of the patent process was patent
litigation–the legal process for patent infringement (6). The average cost of patent litigation for a patent case claiming $1 million to $25 million

Policy Analysis : Analysis Of Influeutical Monopolies
Policy Analysis Employing big–scale medical patenting legislation to fight abusive pharmaceutical monopolies (like discussed in the third perspective
of the Literature Analysis and the second article in the Media Analysis) is not a new trend. These powerful laws have been around since the late 1900s,
starting with the prominent Bayh–Doyle Act of 1980 that allowed the government to exercise "march–in rights". The next milestone bill was the
Leahy–Smith America Invents Act (AIA) of 2011, or the "Patent Reform Act", which regulates patents of all industries and "represents the first major
legislative adjustment to the U.S. patent system in decades" (Dobson). This demonstrates the symbolic purpose of this bill of bringing hope to ... Show
more content on Helpwriting.net ...
In these letters, the AMA frequently suggested why certain amendments of the 2011 act should fit protocol and ___________.
Finally, the political stream of this act refers to party alliances on an issue and voices of oppositional advocacy groups, like Gilead. Pertaining to this
stream, the AIA act was a bi–partisan act passed with an overwhelming majority. Both political parties, Democrats and Republicans, believed that
reform in the patent industry was important, because "this legislation [was] a key component for both Democratic and Republican jobs agendas" (Press
Release). This Obama–administered law negatively affected the entire patenting industry and major oppositional advocacy groups, like Gilead (as
discussed in the CNN article in the Media Analysis), fought the change so that the "final" determination may be reconsidered [14] and then still
appealed in court" (Morales). This quotation from Morales highlights the web of interactions between political parties and major oppositional advocacy
groups in the political stream to help shape policy.
Based on the roll out of this social condition, one can see that the target population is the group of people affected by the bill. Despite diversified
agendas of the three streams, all the activists and

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

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,

Chinese Foreign Trade Relations : Intellectual Property...
Improving Chinese Foreign Trade Relations:
Intellectual Property Enforcement Context
I. Introduction American businesses are losing up to an estimated $60 billion each year in the global market from intellectual property violations. The
problem continues to grow as more American companies invest overseas, and more products consist of intangible or intellectual property. American
companies face more than just economic challenges: if losses of intellectual property rights continue to go unchecked, businesses may choose not to
make foreign investments, customers may be injured, and innovation discouraged. One of the biggest challenges for many North American companies
is protecting their business or trade secrets. When such companies invest abroad, they often forge relationships such as joint ventures or partnerships
with foreign companies. In these relationships, the American company generally provides the technology or "know–how" needed for the venture.
Providing the "know–how" creates risk for the American company because it reveals its secrets at the outset of the relationship while the foreign
partner must share only the business ' profits later on. When the business relationship works, the secret is safe. However, when the relationship fails,
the secret may well be lost. The common saying that a trade secret once lost is lost forever is especially true in international violations. Damages and
injunctions often are not adequate to recover the lost opportunity

Big Idea Case Study
Lean Thinking:
Step 1 Value:
In an extremely competitive toy industry; Michael Collins came up with the BIG Idea group (BIG). The purpose of this group is to find a way to
exist in this industry, while making profits and achieving objectives. The objective is to process the idea as a resource and transform a valuable
product into a highly profitable business (Economies of scales). According to Collins, "The basic concept (company Policy) was to create a company
that would tap into the incredible entrepreneurial power of legions of individual inventors." BIG saw that the players in the market were lacking
imagination and innovation. Thus the group saw the opportunity to enter the toy industry and attempt to capture market shares and ... Show more
Pull The pull approach is how quickly a company fills a customer's demand for a product or service.
BIG idea group had the ability to produce the product and present the product to the buyer in the most cost efficient way possible. BIG ideas were
pulled as follows:
Companies outsourcing their unsolicited ideas to BIG. These companies did not have the time or staff to seek out potential good ideas. (Linkage)
BIG draws on their existing knowledge on what the idea buying companies are looking for in a new product.
Take for example the case of Tiny Totes. A woman and her two friends had a great idea that needed further development. With the help and knowledge
of BIG group, they were able to refine this product and were able to market this product to make it a reality.
http://www.uspto.gov/patents/process/index.jsp#heading–1
Patents Process
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of
a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier
related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories,
and U.S. possessions. Under certain circumstances,

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

The Intellectual Property Rights Of The North American...
Introduction to the Intellectual Property Rights
In a general term, intellectual property is any person's human intellect, which is often protected by law, in order to safeguard its use from another
person. The possession of such kind of property generates limited monopoly in the safeguarded property. Intellectual property can be subdivided into
copyrights, patents, trademark and trade secrets (Intellectual Property Rights, 2014).
The law protects the Intellectual Property so that the people who created and invented the property can get appreciation and even in some cases
monetary benefits from what they created. Every country has different laws regarding the protection of intellectual property. There are even some
treaties between ... Show more content on Helpwriting.net ...
Still there is some difference between the Intellectual property law and the tangible property. Where the right of exclusive possession is sole of the
rights safeguarding the real and at the core of the bundle of rights protecting real and personal property, things are different in the intellectual property (
Intellectual Property Rights, 2014). In the USA, the Congress gets the control to monitor patents and copyright from the "INTELLECTUAL
PROPERTY clause" of the Constitution. The Article I, Section 8 of the constitution says about it. The U.S. office of Patent and Trademark is
authorized to regulate federally registered patents and trademarks. Even though the patents are only regulated through federal law, trademarks can also
be governed through State law. Copyrights are particularly controlled through federal law and have to be recorded through the U.S. Copyright Office
(Intellectual Property Rights, 2014).
United States Copyright law is regulated by the federal Copyright Act of 1976. The exclusive rights can be seen in appendix A. The innovation
recorded Works before 1978 currently has a copyright duration of 95 years, seen from the date of publication. Further the duration can be seen in the
figure below with all the copyright acts from the year. (Copyright Law, 2014) The goveremnt of USA has allotted the power to different sub sections like
USPTO, under the

The Copyright of Procedural Art
Traditionally, creative works such as drawings, paintings and other pictures have been protected by copyright law. Procedurally generated art can
produce works that mimic a drawing, painting or photograph, but there is a complication in defining the work as an algorithm or a creative work.
Copyright does not extend to algorithms, so the questions follows: Is procedurally generated art simply an algorithm that should be treated as such, or
is it a creative work that should be covered by copyright law?
Procedurally generated content in general is considered to be produced by a program rather than explicitly defined by a data structure. However, a
program itself can be seen as an explicitly defined data structure (Ebert, Musgrave, Peachey, ... Show more content on Helpwriting.net ...
Even so, when their user interfaces were compared there were a number of similarities. The judge ruled that copying had taken place on that basis.
This precedent states that, in the UK, the end result of a program is what matters and that its internal function is irrelevant to issues of copyright.
Applied to Perlin's procedural art, this could potentially be dangerous. If someone wished to obtain similar results to his they would have to be wary
of copyright law. Even if they could mimic his techniques without copying any of his code, they would still potentially be found to have violated
copyright since the end results would be similar.
As well as copyright law, patent law could also be an issue. European patent law expressly prohibits the granting of patents for "programs for
computers" (European Patent Convention, 2000). Strangely, the United States takes the opposite stance. It will not grant patents "consisting solely of
mathematical operations, i.e., converting one set of numbers into another set of numbers, does not manipulate appropriate subject matter and thus
cannot constitute a statutory process" (United States Patent and Trademark Office, 2008). This seems very similar to the European system, but there is
a key difference. The US Patent Office will issue a patent for programs with a practical application.
To go back to Perlin's work, any of the

Ethics and Intellectual Property
Ethics and Intellectual Property
"Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in
commerce" (United States Patent and Trademark Office, 2013). There are many ethical issues that have arisen in the business world today pertaining to
intellectual property. Some people may not think that it is important to protect intellectual property however, the United States Patent and Trademark
Office (USPTO) does just that. "Intellectual property is protected in law by, for example, patents, copyright and trademarks, which enable people to
earn recognition or financial benefit from what they invent or create" (United States Patent and Trademark Office). Protecting trademarks and logos is
important, as these things are rightfully owned by the person or company which created them. Many companies are known by their intellectual
property, such as symbols, names and logos. It can also be very costly to have these artistic logos created, making it more frustrating when someone
chooses to copy or 'steal' the logo and use it as their own.
Ethical Issues
Businesses generally have attorneys to represent them or advise them on business law, and to read documentation to ensure there are no legal issues.
There can be ethical issues when consulting with an attorney who represents another business that may have similar intellectual property as another
business. In the licensing journal, it

Sample Resume : Code Of Conduct Problem Essay
77905 Spring 2016 Assessment 2
Code of Conduct Problem
Introduction.
The Professional Standards Board for Patent and Trademark Attorneys (PSB) has received a complaint against Michael Masri (Masri) and Julie Chun
(Chun). The background to this complaint will be detailed further from paragraphs 5 to 15.
The PSB is to decide if disciplinary proceedings need to be taken against Masri & Chun before the Patents and Trade Marks Disciplinary Tribunal
(PTMDT).
The professional conduct of Masri and Chen will be discussed in relation to the Patents Regulations 1991 (Cth) and Code of Conduct for Patent and
Trade Marks Attorneys .
Breaches will be discussed together with the procedures of the PSB in deciding if there is likelihood that either Masri or Chen or both will be found
in breach of either of these regulations. Specifically, Chapter 20 Part 8 the Patents Regulations 1991 (Cth) and Part 3 Section 15 of Code of Conduct
for Patent and Trade Marks Attorneys.
Facts.
1)The Firm acts for a multi–national commercial cleaning equipment company, Clean Space Limited (CleanSpace), and Australian domestic appliance
company Smart Home Pty Ltd (SmartHome).
2)The Firm has a longstanding favourable relationship with both companies, the drafting of CleanSpace 's specifications is mainly done offshore.
3)The Firm handles objections and drafting amendments in respect of the offshore patents drafted offshore for CleanSpace.
4)The two companies mostly operate in different areas –

Essay On Interpersonal Therapy
Living the life pleasantly while removing any sign of alcoholism The addiction to alcohol is one of the lots of forms of habit that can happen to
every age, as of adolescent to adults. Curing for alcoholics has been developed through numerous doctors and psychiatrists to assist these people
defeat their habit to alcohol. Group psychotherapy is a type of psychotherapy inside which individual or more therapists care for a small amount of
clients collectively as a group. The phrase can legally refer to any shape of psychotherapy while delivered within a group format, counting Cognitive
behavioral treatment or else Interpersonal therapy. Therapy of Interpersonal one is typically applied to psychodynamic therapy wherever the group
perspective along with group procedure... Show more content on Helpwriting.net ...
You can in fact look into on the internet in which you can get plentiful stores providing this mobility scooter in a variety of designs along with
colours. You might interpret buyer ratings about the thing before you choose to buy on the internet. In the meantime, you can moreover stop off
shops nearby to seek the mobility scooter you possibly will need. The rates of mobility scooter are so unique because of the individual functions. It
will be likely to run into a small number of these small scooters at additional reasonable values thus far through every the same attributes to those
costly ones. Repeatedly, the technique, the size along with features has influences on top of the prices. It is quite simple to position the one which
could wholly suit your elected funds. Alternatively, the scooters by larger prices often add in extra features just like a great deal less difficult
operation on top of additional components. The vehicle through faster speed ability is an immense selection in heading for flea markets along with
local shops around your

The Leading Fuel Ethanol From The United States
POET LLC is one of the leading fuel ethanol producers in the United States, operating twenty–seven corn to ethanol plants and one of only three corn
stover to ethanol plants in the United States. The success of the company has come from capitalizing on government policy. This policy under the
EPA's renewable fuel standard provides incentives in the market place. Due to this incentive along with process innovation POET has grown into an
industry leader. The company has a wide range of intellectual property and is constantly pushing its employees to come up with new ideas and
processes. As an Associate Research Scientist, I am able to collaborate on new ideas first hand. I see many new ideas come through the pipeline every
day. Once an idea is developed it is subjected to scrutiny, it must survive benchtop experiments, economic modeling, and ultimately a run through at a
research plant. Ultimately then trials are done at one of the twenty–six plants that POET manages. This whole process can be stopped at any time if an
experiment fails, the economics do not make sense, or if managers decide other ideas get priority of resources. I see firsthand that employees of POET
are expected to maintain confidentiality when it comes to intellectual property. All full and part time employees are expected to sign non–disclosure,
confidentiality and non–compete agreements upon hiring. POET requires employees to have a training session about their intellectual property within
the first

What Type Of Intellectual Property Protection?
Week Two Test
Option 1
A patent is the exclusive right granted by the United States government to produce and sell goods with one or more unique features (Warren, Reeve,
& Duchac, 2014). Patents remain in effect for 20 years. A copyright is the exclusive right granted by U.S. government to publish and sell a literary,
artistic, or musical composition (Warren, Reeve, & Duchac, 2014). A copyright remains in effect for 70 years after the original author's death. A
trademark is any unique name, term, or symbol used to identify a business and its products (Warren, Reeve, & Duchac, 2014). Trademarks are
registered, remain in effect for a 10–year period, and have 10–year renewal options. The process of applying for patents, copyrights, and ... Show more
Next, you need to determine an application strategy and consider legal assistance (USPTO Investor Resources, 2015). Once the appropriate application
(provisional or non–provisional) is completed, it must be submitted with the associated fees. The cost of a patent filing will vary; however, a basic fee,
search fee, examination fee and issue fee are required. The patent application can be submitted online, by mail, or hand delivery to the USPTO. Once
submitted, the application is assigned to an examiner who will review it for errors and omissions. Once the application is approved, a patent grant is
sent to the applicant within approximately four weeks (USPTO Investor Resources, 2015). Upon approval, the patent must be maintained by timely
paying the applicable maintenance fees.
Trademark
The first step in applying for a trademark is to determine the type of intellectual property protection you need. Once you determine a trademark is
needed, you should consider hiring a trademark attorney. A trademark attorney can save time, money, and legal issues by performing comprehensive
searches of federal/state registrations and "common law" unregistered trademarks (USPTO Trademarks, 2015a).
After you determine your mark is registrable you must identify the following the mark format (i.e. character mark, design mark, or sound mark), the
precise goods or service that the mark applies, if any possible trademark conflicts exist

Intellectual Property Rights On Sino Us Economic And Trade...
In the 1990s, the two countries have since undergone three intense intellectual property disputes, each to the brink of a trade war. Intellectual property
issues in Sino–US economic and trade relations in the 1990s to become one of the major outstanding issues. With the signing of the Sino–US
"memorandum of understanding on the protection of intellectual property rights" in 1992, and the signing of two bilateral intellectual property
agreements in February 1995, and June 1996, China and the US intellectual property disputes have been eased.
China joined the World Trade Organization(WTO), which greatly contributed to the development of Sino–US economic and trade relations. In 2003,
China became the third largest trading partner of the ... Show more content on Helpwriting.net ...
International protection of the vital interests of the countries involved in the development of enterprises, and the relationship between national
intellectual property rights. In the late 1980s, facing recession, the United States dropped its international competitiveness because its intellectual
property rights could not be protected in the world, that its biggest competition in the economic resources and with the advantage of technology and
invention, effective protection of intellectual property rights is critical to the US economy overseas.
Therefore, the US spared no effort to initiate the GATT Uruguay Round negotiations n 1986, and put intellectual property protection into the framework
of the GATT, known as the "trade
–related intellectual property rights." With the signing of 1994 "Agreement on Trade–Related Intellectual Property
Rights" (TRIPs), the international multilateral mechanism to protect intellectual property and international trade – the WTO closely together. In 1988,
President Ronald Reagan signed the "Omnibus Trade and Competitiveness Act" in the conduct of unfair trade retaliation 301 adds a "Special 301", and
the intellectual property rights as an individual, do not protect US intellectual property or intellectual property rights hinder US companies to enter
their national markets to investigate and impose trade sanctions. Thus, protection of intellectual property has

Intellectual Property and Computer Software: the Ongoing...
Intellectual Property and Computer Software: the Ongoing Controversy
Introduction
Ever since the computer software industry began during the mid–1970's with the personal computer revolution, using intellectual property rights (IPR)
to protect software has been controversial. Presently, software can be protected using both copyright and patents. The issue of software patentability is
particularly contentious. On one side there are the large, mainly U.S. based corporations, such as IBM, Microsoft and Apple, who dominate the
software market and have traditionally been are advocates for strong intellectual property protection for software. On the other side there is the
open–source/free software movement who believe software should not be ... Show more content on Helpwriting.net ...
So, what software or parts of software are patentable?
U.S. patent law states that an invention must have practical utility and produce a useful and tangible result. This differs from the European Patent
Convention, which states that an invention must have an industrial application. More generally, to be patentable, an invention must be novel, useful
and non–obvious (1). Patenting of software is not an obligation of signatories of the TRIPS agreement because "invention" for the purposes of the
agreement is not defined.
Patent protection for software in the U.S. has been progressively strengthened by a number of court decisions since the 1970's. Initial cases in the
1970s generally found that software algorithms were not patentable, but U.S. court opinion changed in the early 1980's (3). Since the early 1980s
there has been a dramatic rise in the number of software patents applied for and granted, from virtually none in the early 1980's ~12,000 software
patents were issued in the U.S. by 1997 (4). The advent of the Internet in the mid–1990's influenced the role and importance of intellectual property in
the software industry, playing an important role in increasing the number of filed software–related patents, and reducing entry costs and product
dispersal rates (3).
Quite simple software innovation have been granted patents, such as the patent granted to Cadtrak Corporation for placing a cursor on a screen. In this
case more than 300 hardware and software

The Patent And Its Effect On The Improvement And...
A patent is the right to individually protect intellectual property from others making, using, selling or importing the invention granted by the United
States government. The patent was first seen in 1474 in Venice, when the statute allowed grants and restrictions of European monopolies. Similar to the
modern patent, an explanation, description, and proof of the inventions usefulness was required in order to receive the patent. Over time, the British
system adopted this system and after U.S. and British history together, the U.S. government inevitably adopted and modified it to what the Patent Laws
are today. Briefly, the importance of the patent being legally accepted contributes to the improvement and advancement of overall technology. It
allowed individual progression without the doubt or fear of others or government embezzlement. This proved that over time, society was getting less
malignant and trust was improving on a political and social level.
The following will explain the importance of a patent and the different types of patents and brief international patenting. Also, the legal cases that
helped shape policies and regulations will be explained and interpreted in detail to show the history of U.S patents was not perfect and that some
modifications were made along the way to reach what it is today. Lastly, the requirements and detailed process on how to obtain a patent and what one
can and cannot do once a patent is obtained will be explained.
The importance of a

What Happened To Howard Johnson's Story?
Like everything worth mentioning on the path of history, the Howard Johnson motor has had its own complicated story. Several stories have circled
this subject and have made it really difficult for the general audience to have a certain opinion on it, but one thing is for sure: Howard Johnson did
something amazing and changed the course of history, without us even realizing it.
Ambition takes you a long way!
When trying to figure out what really happened with the Howard Johnson motor, the first thing that catches our eye is Johnson's determination to make
the impossible work. The fact that a lot of people didn't quite believe in his ability, as a scientist, to provide an alternative energy didn't make him stop
his research; it only enabled him to try harder!
The first real problem Howard Johnson was faced with was caused by the U.S. Patent Office. They rejected the idea arguing that they do not grant
patents for "perpetual motion machines" and that the Howard Johnson motor will never work because it ... Show more content on Helpwriting.net ...
Johnson thought that building all this elaborate and fancy equipment for ideas that other people though is just a waste of time for him, his real passion
consisting in the fact that he could have ideas of his own and test them himself!
WHAT'S SO SPECIAL ABOUT THE HOWARD JOHNSON MOTOR ANYWAY?
We constantly hear about developments, new inventions that are supposed to make our life easier, but why could we consider The Howard Johnson
motor as being as special as it was described? How did it manage to provoke all this tension?
After Howard Johnson managed to prove to anyone that his invention does work as promised and we could produce free electric energy, he became the
center of the international attention. More so, the publication Science and Mechanics also featured him and his motor on the first page, for everyone to
hear about this new

Technology Law Case Study
As a leading specialist chemical patent lawyer, my role is to write and prosecute your patent application and have it licensed by the federal
government. A patent is a description of an intellectual idea and is used to protect different kinds of inventions as long as they are considered new and
useful.
At Technology Law, PLLC I can draw up most agreements dealing with the use of technology. They include non
–disclosure agreements (NDAs), as
well as consulting, research, licensing, patent purchase, and manufacturing agreements. Affiliate services provided include litigation and opposition. I
charge by the hour, payable in monthly instalments, although negotiated fixed fees are possible.
Trademarks protect the identifying marks and names of ... Show more content on Helpwriting.net ...
My goal is to make sure that clients who have an acceptable idea or invention that deserves to be protected should have that idea patented by the
federal government. I have the expertise and knowledge to take you through the entire process step by step and achieve the best result for you.
Acquiring patents for inventions in the chemical and pharmaceutical industry is a major part of my work here at Technology Law, PLLC. Chemical
patents differ from other types of patent because of the high research costs involved and the risk in bringing new drugs on to the market. It is
specialized work and I have years of experience in doing it. Patent protection lasts for 20 years from the date of its first filing, and in the US patent
rights are enforced by litigation in federal district courts.
Patent prosecution is the communication between my clients as applicants and me as their representative in getting the patent licensed. Once an
agreement is in place I will ask for the invention to be emailed to me and check that nothing like it already exists. I will then write an application and
file it with the patent office. Prosecution could take up to a year if it is a mechanical patent, or several years in the case of a chemical

Developing Countries May Have Difficulties In Construe
Developing countries may have difficulties in construe the substantive provisions of TRIPS when exploiting TRIPS flexibilities. For instance, article
14 of Brazil 's Industrial Property Law distinguishes less inventive inventions applying a utility model from the "unusual" inventions. The test of
inventive step is the "common or usual manner" test, instructing examination should be observed from the view of a person skilled in the art. This
provision intends to identify the inventions eligible only for utility model protection from those eligible for both utility model and patent protection.
Nevertheless, Dr. Romandini indicates that "the German legislature in 1978 finally abandoned it without significant opposition in the ... Show more
A research reports that the IPO never examined more than 5,000 patent applications in a single year before the 2005 amendments. There were only
163 professionals capable of performing patent examination at the IPO, according to a research published in 2010. Nevertheless, the capable 62
examiners granted 7,166 patents during 2007–08. Under this serious pressure to review, Indian examiners have relatively less legal resources than
those countries having established standards for decades. Insufficient human resources and training are two most discernable difficulties for India to
fully implement the IPA. In addition, examiners have other choices, such as working for private entities after training for a better salary. As for the
hurdle of examination, how to use substantial standards to realize the legislative purpose and spirit of section 3(d) is another challenge for the IPO.
Patent law itself does not define these "secondary" patents, i.e. patents with a lower quality or value, but merely compared with the primary patents
from a time perspective, i.e. the comparison of the application and prior art. It still can be argued that some of the secondary patents are not just merely
a tool to prolong product life cycle ("evergreening"). To prevent evergreening, Indian examiners must distinguish a trivial change from the previous
patented products with no significant additional improvements from a

Intellectual Property And The Copyright Act Of 1976
Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a
competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law
to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the
ownership of intellectual property (Legal Information Institute).
A copyright gives the originator of literary, artistic, or music works the right to perform, publish, record, or print them. This can include sound
recordings, paintings, photographs, films, melodies, television, radio broadcasts, cable programs, performances, and even codes to computer
programs (Legal Information Institute). Since copyrights cover several different types of materials, the duration varies depending on what work is
being protected. According to the Copyright Act of 1976, musical, artistic, and literary works created after January 1, 1978 have copyrights that last
70 years after the author has passed away, 95 years after publication, or 120 years from creation, whichever expires first (United States Copyright
Office, 2011). However, the published editions of these works have copyrights that last 25 years after being first published. Broadcast and cable
programs, on the other hand, have a copyright duration of 50 years after being created

Why Do US Copyright Laws Cover Intellectual Property?
Introduction Intellectual property laws help protect users works that they have created from being copied by others. There are different types of
laws to protect in different way such as copyright laws to will protect ones work from being copied or others from profiting from it. We also have
trademarks used for branding items such as brand names or logos and receive different levels of protection depending on where, how known the brand
is, and what type of product or service it represents. Other types of laws that cover intellectual property are patent laws that cover products to be made
and that are currently being made; Apple holds the patent for an iPhone so no one can go and make iPhones and sell them other than Apple.
U.S. Intellectual Property Laws Copyright laws cover things that are created such as art, music, and other expressive creations and are known by the
© symbol. Users creations are protect from when they are first created and introduced to the public. Copyright laws in the United States protect the
creator rights by ensuring that are the sole entity to reproduce their work or place them on public display. They also are the sole entity that can benefit
financially from their work and require other entities to have the original owner's permission to also receive any benefits. One thing to note is that a
copyright cannot ... Show more content on Helpwriting.net ...
The expression of the idea or the work of art created from said idea is eligible for copyright. Users do not need to file for copyright to be protected
but is advisable to do so. French copyright law goes on to explain that any works that did not include any human interaction cannot be copyrights, a
rock or a flower cannot be copyrighted. Also functional items or items that could be patented, if the criteria for the patent are met, are not copyrightable
("Copyright in France,"

What Makes A Smart Man?
Sparkle every step while walking with stylish socks Men have usually gotten away by fashion artificial fuss; however not any longer. The planet is
getting ever more fashion mindful and the style police aren 't careful the men any longer. A man wants to be knowledgeable by trends and needs
to be capable of dress in. A smart man possibly will not get as much interest as women however word travels distant and broad if a man is poorly
dressed. You require being clothed to a T, yet all way down to your socks. Socks are necessary to a man 's clothing as well as there is hardly a day
while a man doesn 't require putting on a pair of socks. You have to be well acquainted to the several types of socks out there. The finest way to
increase your sock drawer through every the kinds you requirements is to Buy Colorful and Stylish Socks Online and store them. The selection is
great, the browsing straightforward and the delivery charge is free. Even though there are not many rules to keep in mind while selecting your
socks, there are a small number of vital rules that you have got to never forget even you buy Colorful and Stylish Socks Online. The primary
method to figuring out what you want to be going during your complete wardrobe as well as search how loads of socks you want for your
assortment of outfits. It is vital to keep in mind that dissimilar types of clothes insist different types along with shades of socks. You do not feel like a
small item like a sock to damage a perfectly

Intellectual Property: Burger King In Florida
Intellectual Property
Student Name
Professor Name
Date
Intellectual Property
Burger King
In Florida, there is a national trademark over the name "Burger King" of an organization, Burger King; while over the same term, the Hootses had an
Illinois (state–level) trademark. The court chose that the federal trademark trumped the state one, and along these lines, the Hootses could not keep
Burger King from entering the country. Be that as it may, the Florida burger intrusion could not take up the entire country. The court also decided that,
for a 20–mile range around Mattoon, the Hootses actual use of the trademark was not to be meddled with, and Burger King, therefore, barred from
opening any franchises inside that area.
A federal lawsuit is prompted by a brand dispute including the proprietors of the identically named Burger King, whose outcome considered to the
extent of the law of Lanham trademark and demonstration in the U.S.; while an existing trademark held in South Australia by the same name shop
forced the business for changing the name in Australia. From different suits, legal judgments have set legitimately binding law points of reference
regarding ethical business practices, the franchise agreements' constraints, long–arm statutes; these choices' noteworthy portion have categorized
general dealings of business that keeps on shaping the entire market (Nordemann, 2014). ... Show more content on Helpwriting.net ...
Lee
The Supreme Court, in this case, inspected two provisions of the inter partes survey, a procedure made for giving a cost–effective substitute to a
lawsuit for determining particular difficulties to the validity of the

JPO Opposition Proceedings

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