Patent Strategies Like Evergreening Differently Impact The...

Patent Strategies Like Evergreening Differently Impact The...
By: Anuradha Prasad
Patent strategies like evergreening differently impact the developing world. The practice of
evergreening not just refer to extending the original patent, but also includes strategies and practices
used to protect a cluster of related, but unoriginal, technologies through the filing of secondary
applications. This contributes to increased medical costs by keeping lower–cost generic alternatives
out of the marketplace. This chapter gives an overview of the evergreening strategies that are
employed by branded pharmaceutical companies as a tactic to bypass existing patent laws and limit
generic competition in the marketplace. The frequency of such strategies demands strong patent
interpretations that are protective of ... Show more content on Helpwriting.net ...
Taking the advantage of this existing loophole in patent law, patent applications for the
developments or modifications is not just filed by the original product developer but also by other
companies including generic companies. One the one hand the branded companies advertise to
customers their brand value and reliability, and on the other hand they try to cast generics negatively
on the basis of poor replication, or unsatisfactory testing before commercial production of the
original formula. However, the argument put forth by branded companies is that they enable the
development of a non–infringing competitor product thereby channeling "designing around" the
patent.
A monopoly right that is suitably limited is vital in helping preserve the policy underlying the Patent
Act of promoting innovation while still allowing the intellectual property to enter the public domain.
II.EVERGREENING STRATEGIES
A. DELAY THE LAUNCH OF GENERIC PRODUCTS/ 30 MONTH PERIOD OF STAY
PROVISION
In US, innovator drug companies have been able to use provisions of the Hatch Waxman
Amendments to the Federal Food, Drug and Cosmetics Act, 1984 to delay or restrict the launch of
generic competitor products. The innovator pharmaceutical company has been allegedly using the
listing of additional patents in the 'Orange Book ' to try to benefit from
... Get more on HelpWriting.net ...

Nautilus V. Biosig Instruments
I. Clear Error Standard on Appeal For Subsidiary Factual Matters
A. Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831 (2015) The Supreme Court held that when
reviewing a district court's resolution of subsidiary factual matters during patent claim construction,
the Federal Circuit must apply the clear error standard, not a de novo standard of review.
1. Background The owner of a patent covering a manufacturing method for a multiple sclerosis drug
brought an action against marketers of a generic version of the drug, alleging infringement. The
marketers filed counterclaims seeking declaratory judgment of non–infringement, unenforceability,
and invalidity.
The United States District Court for the Southern District of New construed the ... Show more
content on Helpwriting.net ...
On the original appeal in this case, the Federal Circuit reversed and remanded the district court's
finding of indefiniteness under the premise that a claim is indefinite only when it is not amenable to
construction or insolubly ambiguous. The Supreme Court in Nautilus v. Biosig Instruments Inc. 134
S.Ct. 2120, 2124 (2014) in its decision articulated the standard "A patent is invalid for indefiniteness
if its claims, read in light of the specification delineating the patent, and the prosecution history, fail
to inform, with reasonable certainty those skilled in the art about the scope of the invention."
In light of the new standard set forth by the Supreme Court, the Federal Circuit addressed only the
issue of indefiniteness on remand. The question before the court was whether the district court erred
in holding that the "spaced relationship" as recited in claim 1, and referring to the spacing between
the common and live electrodes, was not distinctly pointed out and particularly claimed in the patent
in violation of 35 U.S.C. §

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

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

TTools Case Executive Summary Essay
interoffice memorandum to: Tom hazzard, ceo from: Venkata reddy putluri subject: palm patent
infringment issue date: June 19, 2014 c: steve holmes, patent attorney This memo is to recommend
that ttools should stop negotiations with Palm and take immediate legal action through patent
litigation means. This action is needed in order to protect ttools' innovation and for survivability of
ttools business. Based on the design patent and non–disclosure agreement with Palm it is very clear
that Palm has committed the infringement hence chances of ttools winning of litigation case are
high. There are high chances that Palm might consider to settle the litigation before going to the trial
of the case as they knew that they have ... Show more content on Helpwriting.net ...
Based on the recent communications with Palm, it is clear that they are not interested in negotiating
with ttools despite the fact that they have reminded them about infringement. Palm is already in a
contract with IDEO to design a stylus similar to ttools which means that Palm will cease to publish
any ads about ttools products from their online newsletter. Negotiating or competing without taking
any action to stop infringement of its intellectual property would not enable ttools to leverage its
core organizational strengths in competing with Palm. In its current state ads through the online
newsletter is the most helpful marketing tool for ttools to reach out to the PDA owners. If Palm
stops publishing ads which is highly likely action from Palm's perspective in order to promote their
own product ttools need to develop their own marketing capabilities. Even if they start their
marketing campaign, ttools might not be able to compete Palm in terms of resources and market
reach. The other alternative of ceasing negotiation and competing with Palm might not be very
effective because of the fact that we do not have the capabilities to set a solid ground for such
competition. Even if ttools start competing based on its superior pricing and material quality, Palm
could easily match its pricing and material quality as long as they could infringe ttools product
design. If ttools does not file litigation charges, Palm has not compelling reason to

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 Apple Vs. Samsung War
The Apple vs. Samsung War
This paper will give us an overview of the patent infringement war between the world's two biggest
smartphone makers – Apple Inc. and Samsung. For the last three years, these two technology giants
have clashed on a scale unheard of in the history of the business world, their licit war costing more
than a billion dollars and spanning four continents. For the purpose of this paper, I will go back to
where the Apple vs. Samsung saga began, back in April 2011. The main objective of this paper is to
analyze the different types of intellectual property infringements that had been claimed by Apple
Inc. against Samsung Electronics Co.
About the Companies Apple Inc., an American multinational corporation was founded by ... Show
more content on Helpwriting.net ...
Apple claimed that there were four types of infringements to its protectable intellectual property –
1. Some Trade dress infringements on the look and packaging of the iPhone and iPads – Trade dress
is a product's physical appearance (size, shape, design, color and feel). It also includes the way it has
been packaged or wrapped, presented, promoted or advertised. Trade dress infringement is basically
making the trade dress of two businesses sufficiently similar, confusing consumers about what they
are buying. To establish a claim for trade dress a business must prove the uniqueness of its product's
appearance.
2. Several Trademark infringements on the iOS system app icons – A trademark is a name, design or
symbol or even a combination of the three used to identify and distinguish one manufacturer's or
seller's goods from the others'.
It can be registered with the state or the federal government which protects the owner from
infringement or copying. When a trademark is used by another person or organization either
substantially or entirely, it gives the owner the right to cause of action against the infringer. In order
to succeed in a trademark infringement action, the owner must show that the use of the mark created
confusion about the origin of the defendant's product. If the owner successfully proves infringement,
the usual course of action in such

My Life At The Veterans ' Home Essay
I vividly remember that chilly night in March as I walked out of Fifer, the building my father now
calls home, for the first time. I had goosebumps, but they were not from the cold I felt hit my skin.
Instead, they were from the sickness in my stomach. As I got in the car, I began to cry and had to
stop myself from running back inside. My entire world had turned upside–down. How could I go
home without my father? How could I leave him in a nursing home, a place where he was too young
and mentally fit to be confined? I had to fight the feeling that he didn't belong. I had to remind
myself of why he chose to be there, and I hated it.
During my junior year of high school, my father made the difficult decision to go live at the
Veterans' Home. For thirty–five years he had lived with Multiple Sclerosis, a debilitating disease
characterized by the destruction of the myelin sheath insulating the nerve cells. This degradation
affects all movement by slowing or altogether halting nerve impulses to the muscles. As a result, my
father became permanently wheelchair–bound around the time I started kindergarten. By my junior
year of high school, he struggled with even simple tasks such as writing, dressing, grooming, and
eating. It reached the point where he could no longer live at home without round–the–clock care.
This revelation was earth–shattering but not a shock. It was yet another natural progression of the
disease. Still, this did not prepare me for the emotions I experienced.

The Invention Of Thomas Edison Essay
Imagine a world where ideas and inventions are stolen off each other with no legal consequences.
Imagine a world where Samsung wasn't sued by Apple because legally, there is no penalty for
stealing designs. Imagine a world where Alexander Graham Bell or Thomas Edison wasn't famous
for their inventions because someone else had stolen their ideas and created the inventions publicly
first. This is what the world would have been like without the use of patents. Patents ensure that no
idea is stolen, sold, or replicated without the appropriate permission. Every inventor has ad their fair
share of troubling experiences with patents. However, an inventor that did not allow his dilemmas
with patents stop him from achieving great things is Thomas Edison. Due to the patent process,
Edison was able to succeed at a young age, own numerous inventions, competed other inventors'
patents, and inspired others to compete with his inventions to further improve technology.
Thomas Edison was born on February 11, 1847 to a middle–class family in Milan, Ohio. His interest
in gaining knowledge sprouted from a young age. At the mere age of twelve, he had expanded his
reading from The History of the Rise and Fall of the Roman Empire to various works in practical
chemistry. This intelligence and interest later motivated Edison into creating numerous inventions
throughout his life time. At the young age of 16 Edison had built his own telegraph, which had
already been in use for more than forty years,

Patent Attorney Research Paper
Looking for a patent attorney or trademark attorney? Well, you've come to the right place. We've
been around long enough to really handle just about any type of patent. We receive telephone calls
and visits from people that are just like you. They are looking for a patent attorney to represent them
and protect their rights. We've heard the horror stories about regular everyday people that developed
a brilliant idea. They did not take the right steps to protect the idea. They quickly discovered that
there are a lot of people that are dishonest and look for victims like them. However, Cotters Patent
& Trade Mark Attorneys provide damage control and correct matters. Patent Attorneys We are
patent attorneys. We are legal professionals that are

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

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

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

Marketing Plan For Morrow Energy
This marketing plan for Morrow Energy has been created in order to promote significant growth
over the following years, and to inform employees of the current status and direction of the
company. Although Morrow Renewables has only been in business for 4 years, the firm has
experienced greater than anticipated demand for its products. As we have continued to grow our
expectations is that the target market for renewable energy fuel sources will continue to grow. There
has also been interest in other cleaning processes that would allow us to market multiple types of
processing plants in order to widen our customer base. The marketing environment, as evidenced
through the company's growth, has been very receptive to the high quality plant, and expertise in
running of the plants. Over the next ten years Morrow Energy will increase its distribution, improve
its processing features and expand to include another office site.
COMPANY DESCRIPTION
The Morrow Family founded morrow Renewables five years ago. David, Paul and Luke Morrow
previously owned and operated SouthTex Treators located in Odessa, Texas. David, Paul and Luke
are all graduates of Texas Tech University. Paul has a degree in chemical engineering, Luke has a
degree in mechanical engineering, and David has a degree in Chemical Engineering. After having a
successful run at the aiming plant business for the past 8 years, the Morrow brothers decided to look
at developing a plant that would process gas from a different

Plavix Case Study Essay
Patent Games: Plavix Case Study
Columbia Southern University
Abstract
This case study illustrates the conflict between patent protection and preserving a pure competitive
market. Pharmaceutical companies are granted patent rights to newly developed drugs for a limited
amount of time. Through legal means they are able to form monopolies and maximize their profits.
a parent company can move to delay the release of its generic comparison through legal and illegal
measures. In the following case Bristol–Myers Squibb fell victim to their own anti–competitive
practices.
Why did Bristol–Myers Squibb and Sanofi–Aventis seek a settlement? Apotex had was near the
conclusion of the government mandated 30 month stay brought on by ... Show more content on
Helpwriting.net ...
Sherman's strategy
Bristol–Myers Squibb's deceptive practices were likely to catch up to them. This occurred when
they crossed paths with Sherman who led Apotex at the time. After everything settled Sherman
acknowledged in an interview that he knew the FTC would reject the proposed agreements made by
Bristol–Myers Squibb and Sanofi. He also recognized that their spokesman didn't realize his offer
would cause adverse action against Bristol–Myers Squibb (Baron, 2010). He played to their
ignorance and entered the agreement. There is no direct answer to the ethics of Sherman's strategy.
He did not actively participate or even condone Brisol–Myers Squibb's collusion; in fact he knew
the agreement would be rejected. There is no way of truly knowing whether Sherman acted with
malice when implementing his strategy.
Should the FTC and the state attorneys general have rejected the agreements? The FTC and state
attorney was right in rejecting Brisol–Myers Squibb's proposed agreements on the grounds that it is
an anti–competitive practice. The second agreement would have been rejected as well provided
Bristol–Myers Squibb was completely honest with the FTC. Upon submission of the second
agreement to the department of justice they affirmed under oath that all agreements were as listed on
the document with no side arrangements (Chen, 2011). After the initiation of an investigation
conducted by the Federal Bureau of Investigations

The Design And Aesthetic Appeal
The design and aesthetic appeal between the two models was uncanny. "Patented features such as
"rubber–banding," in which a screen image bounces slightly when a user tries to scroll past the
bottom, were identical. Same with "pinch to zoom," which allows users to manipulate image size by
pinching the thumb and forefinger together on the screen. And on and on." We look at Samsung's
record of patent infringement, among other ruthless business tactics, and explains why "Apple might
win the battles but still lose the war." Samsung threatened if any claims for patent infringement were
thrown their way they would retaliate with the same charges. "If Apple executives pursued a claim
against Samsung for stealing the iPhone, Samsung would come right back at them with a theft claim
of its own. The battle lines were drawn. In the months and years that followed, Apple and Samsung
would clash on a scale almost unprecedented in the business world, costing the two companies more
than a billion dollars and engendering millions of pages of legal papers, multiple verdicts and
rulings, and more hearings."
Patent infringement is unlawful and thus there is a necessary obligation to avoid it. Samsung was
found guilty on 6 of the 7 patent infringement cases and Apple was awarded 600 million dollars in
damages from Samsung for the infringement battle, however Samsung essentially won the war. The
Samsung brand had become a household name, with a huge percentage of the industry's consumers
loyal to

Patent Protection Research Paper
How to File a Utility Patent
If you want to learn how to file a utility patent, you'll want to first consider your options. While you
can certainly file a utility patent on your own, you'll want to do your research to figure out if hiring
a patent attorney can help you be successful in your utility patent application.
A utility patent protects a product's method, manufacturing, and/or system that is used in the making
and use of the product. A majority of patent applications are in fact utility patent applications. With
that being said, this type of patent can be rather time consuming and costly to obtain. It will really
depend on the type of invention you have, and if you just want it patented within the United States
or internationally ... Show more content on Helpwriting.net ...
Many inventors benefit from filing for provisional patent protection if they have not yet completed
production of their invention or need additional time to determine next steps on their new invention.
Maybe you're an inventor who cannot afford to pay the costs associated with filing for patent
protection. In that case, you can pay a
nominal fee to obtain protection for one year after which point you will then have to decide if filing
for non–provisional protection is the next appropriate step.
For those who wish to obtain non–provisional protection without having filed an application for
provisional protection, you'll want to visit the USPTO website to first identify what steps are needed
when filing for protection. Now, you'll move onto
Step 3.
Step 3: Do Your Research
You'll want to do an extensive amount of research before filing for the non– provisional patent
application. You'll not only want to research the different types of fees you'll incur when filing for
protection, but you'll also want to familiarize yourself with the process – including the length of
time it could take to obtain protection, any potential issues you may face along the way, deadlines to
file, legal fees, and other professional fees should you choose to seek help when filing for
protection. General Fees. Remember that there are several

Patent Attorney Personal Statement
As a child, I learned that the most efficient way to build my mind was to utilized the truths, ideas,
opinions, essentially the multitudes of faculties that were available to me whether through
experience, literature, and/or the minds and experiences of others and to assign a arbitrary number
to this concept that I had learned in order to create a systematic web of a better understanding of the
world we live in. This world is built upon ideas and this concept is why law has my interest.
Becoming a patent attorney would allow me to interact, protect, and assist in the creation,
development and overall progress of ideas. The thought of having a job where I am able to build my
own mind while doing the previously mentioned activities with cutting ... Show more content on
Helpwriting.net ...
I also understood that I had this desire and curiosity to understand how things function but also how
ideas translate to finished products. I chose this degree specifically because if I am to become a
patent attorney, these faculties learned through engineering will allow me to outshine certain
candidates when applying to law school. I have developed the critical thinking skills, and problem
solving skill necessary to become what I desire to pursue through the engineering physics pathway.
There is currently a high demand from law schools for engineers to attend their schools to become
patent attorneys where if I am given this experience it would assist me tremendously in my
progression towards this goal. Physics, Mathematics, and Engineering majors have shown in recent
years to score on average higher than many other majors including political science and criminal
justice majors. With the help of the LSAT week given with this program, I feel as if I will be able to
perform well enough when I take the exam to gain the attention of many university and would
greatly assist in bettering my chances. I hope to score high enough to gain the attention of
prestigious Universities and show that there are many great minds in the Rio Grande Valley if

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

Why University Patenting Is Not Common
University patenting was frowned upon because it was seen as inappropriate commercial activity.
Therefore it was quite uncommon and any patenting done was often done by individuals through the
university, and an outside organization, the Research Corporation, would handle the patenting
policies. Part of the reason why university patenting was not common was because the federal
patent policy was unclear. Some argued for a government–title policy, which would give the
government credit for the invention since it was funded by the argument. Others argued for a
government–license policy, which would give rights to the inventor's organization despite the fact
that the project was funded by the government. A uniform policy was never agreed upon ... Show
In the case of university patents, the problem was that of technology transfer, moving inventions and
technology created in universities to the marketplace. The three phases involved in the construction
of the institution of university patenting were the formation of a proto–institution by a skilled actor,
the development and growth of a professional community, and finally the Bayh–Dole Act. The
success of the institutionalization of university patenting was due to the social skill and resources
utilized to elicit collective action. The proto–institution created by the Health of Education and
Welfare's (HEW) Institutional Patent Agreements (IPA) was the start of increasing university
patenting. A proto–institution is a weak version of an institution in that its goals are often narrowly
focused, but has the potential to become an institution. HEW established an IPA waiving all
inventions sponsored by Hew so that universities would not have to go through the hassle of
applying for individual waivers and could simply apply for a single IPA instead. However not many
IPAs were filed and approved because HEW did not think universities needed to patent inventions
since these universities were supposed to serve the public. However, Norman Latker, the first patent
counsel who worked for the National Institute of Health, changed IPAs. He tended to favor the
government–license policy, believing that the government was incapable of managing patent

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 –

Pay-For-Delay Case Summary
Latest Pay–for–Delay Ruling Benefits California Consumers
A recent decision by the California Supreme Court is a big win for consumers. In In Re Cipro Cases
I & II, the state's highest court made it more difficult for manufacturers of brand name drugs to enter
into so–called "pay–for–delay" agreements, which keep lower–priced generic medications out of
reach for patients.
Reverse Payment Agreements
Pay–for–delay or reverse payment agreements are commonly used to delay the release of generic
medications. They typically stem from patent infringement litigation brought by makers of brand
name drugs against potential generic competitors, which contest the alleged infringement or the
validity of the underlying patent. To settle the lawsuits, ... Show more content on Helpwriting.net ...
For instance, in denying an overly broad social media–related discovery request, a California judge
noted that "several courts have found that even though certain [social media] content may be
available for public view, the Federal Rules do not grant a requesting party 'a generalized right to
rummage at will through information that [the responding party] has limited from public view' but
instead require 'a threshold showing that the requested information is reasonably calculated to lead
to the discovery of admissible evidence.'" Tompkins v. Detroit Metropolitan Airport, 278 F.R.D.
387, 388 (E.D. Mich.

What Is The Limitations Of The Seat Test
Independent Claims 1 and 10, and dependent Claims 2–6, 8, 11, and 13–14 are currently rejected
under 35 U.S.C. §102(b) as being anticipated by Fox (U.S. Patent No.: 6,733,064; hereafter "Fox").
The rejections are respectfully traversed.
Amended independent Claim 1 includes the limitation of the impact pad including a frame contact
surface that matches a contour of the seat back frame. Applicants' specification states, "[t]he impact
pad (28) includes a pad body (30) which defines a frame contact surface (32). The illustrated frame
contact surface (32) is formed to substantially match a contour of the seat back frame (24) in order
to nest the impact pad (28) with the seat back frame (24)" (Para. [0020]). Looking to Figs. 2–4, this
nested ... Show more content on Helpwriting.net ...
[0023]; Figs. 5–6). Fox fails to disclose the above limitations. The Examiner, on page 2 of the
current Office Action, points to adjacent ribs (124) that extend from the pad body and define a
contact surface. However, Fox discloses an absorbing member (124) that includes a plurality of tabs
(128). The tabs (128) of absorbing member (124) disclosed by Fox are not the same as the support
ribs (142) disclosed in Applicants' specification. Additionally, nowhere in Fox is it disclosed that the
tabs (128) or the absorbing member (124) define a frame contact surface. In this regard, Applicants
respectfully assert dependent Claim 2 is further allowable over Fox.
Amended independent Claim 10 is currently amended to include the limitation of an inner foam
surface being contoured to the seat back frame. Fox fails to disclose the above limitation. Instead,
Fox discloses foam blocks (A) in the corners of the seat back shell (B) between the seat back shell
(B) and the structural frame (C) (Col. 2, Lines 17–22; Fig. 25). Nowhere in Fox is it disclosed to
have an inner foam surface contoured to the seat back frame, as included in Applicants' amended
independent Claim 10. In this regard, Applicants respectfully assert amended independent Claim 10
is allowable over Fox. Dependent Claims 11–15 depend from amended independent Claim 10, and
for at least the reason set forth above, are also allowable.

Carrot or Stick?
INTRODUCTION
Tessera was an innovative developer company for the miniature technologies which were widely
used in the production of consumer electronics devices. Company's inventions mainly focus on
advanced chip packaging for microelectronic devices and image capturing devices. The company
practiced what intellectual property attorneys referred to as " carrot licensing". Carrot licensing is a
model where a company invents and patents a new idea. Then the company is licensing the idea to
other companies with the trade secrets and know–how, and helps them to implement the innovation
to the production. The opposite model to carrot licencing is the "stick licensing", in which a
company used either the threat of or actual litigation to ... Show more content on Helpwriting.net ...
If the company had to resort to litigation, the process was expensive and time consuming.
Tessera frequently used carrot model and has seen it as a marketing exercise. Generally early in
licensing programs, licensees were very open to licensing as they didn't have any know–how. But
after some years of licensing, as the manufacturers no longer require a transfer of know–how, and as
volumes and consequently royalties climb, manufacturers attemp to work around the patented
technology.Also the existing manufactring infrasructure was capable of manufacturing such
technology after some time of widespread adoption. It is at this point that stick licensing is often
required. As the chip scale packaging was destined to be used so widely used, Tessera choosed the
carrot licensing instead of confining its application to a niche. So the type of the technology was
directly affecting the way of commercilization, application can be confined to a niche where
company would occupy vertically, or can be adopted to many other firms by licensing. But as
mentioned above after some time of commercialization, stick licensing was also needed.
PATENT ENFORCEMENT
The U.S. constitution gave Congress the power to " promote the devellopment of the useful arts" by
granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to
assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall
knowledge base grows.

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,

A Lady in a Machine-Shop Essay
In "A Lady in a Machine–Shop," Susan Bivin Aller uses creativity, determination, and confidence to
demonstrate how they led Margaret Knight to succession as an inventor. Knight and her family
moved to Manchester, New Hampshire when she was at a young age. At the age of twelve, Knight
witnessed a mill worker injured by a steel–tipped shuttle. This motivated her to create a safety
mechanism, her first invention, to prevent any further injuries in cotton mills.
Knight's mind was built with creativeness and that helped her succeed. As Knight grew up with her
brothers, she invented "sleds, kites, and other playthings that?were the envy of all the boys in town."
Knight often had a smile on her face when making new items for her brothers. She ... Show more
content on Helpwriting.net ...
She yearned for helping people and improving the way of life.
Aller also used statistics that demonstrated determination in Knight. At the paper bag company that
she was currently working in, Knight was determined to develop a better paper bag, so ?she
completed a wooden model and made thousands of trial bags in the factory? to help her. Before she
had time to register a patent for the paper bag, a man named Charles F. Annan ?had been spying?he
had it copied?patented in his name.? Annan stole Knight?s model and took the credit, after knowing
about Knight?s past inventions. Because of Knight?s determination, she tried her best to win her
side. After all she have done for her brothers, cotton mills, and the Columbia Paper Bag Company,
Knight has built up willpower and courage. When Knight died, ?she held patents for twenty–two
inventions and?sixty more?? Even though Knight invented a wide range of items, many more were
waiting to have a patent, but never had the chance.
Lastly, the most important thing that led Knight to success was confidence in herself. Knight had
self–assurance when she was inventing a machine that produced an improved paper bag and ?No
one had been able to make such a machine.? When Annan was on his way to get a patent for the
model he stole from Knight, ?she hired an attorney, and armed with witnesses, documents,
drawings,

Flying Glass Case Study Case
Answer each question in a short, typed paragraph or two. Your responses must be neatly typed, and
free of major grammatical and spelling errors. Be specific – points will be deducted for vague or
incoherent answers, as well as spelling and grammar problems. It's always a good idea to make it
easy for instructors/supervisors to give you credit for your work! 1) Case Study: Amy West suffered
severe lacerations (cuts) on her legs from flying glass, when a bottle of carbonated soda exploded in
a grocery store. She claimed that she was reaching for a bottle of the same soda on a higher shelf,
and that a bottle on the bottom shelf violently exploded, without warning. Amy is suing the grocery
store and the soda manufacturer for damages and ... Show more content on Helpwriting.net ...
Clearly state how each of these two tenets should be interpreted when considering this situation.
Code 10 will be of great importance. Code ten states that the officer should never tolerate
harassment which is what the other attorney was trying to do. In other terms, Dan should not let the
soda company as well as the grocery store owner, lawyers harass him with words through twisting
of facts. Instead he should use his skills and expertise and defend the victim. Code two will also be
very effective in this case. The code states that he should provide advisory services to the clients and
consider further disclosure if warranted. b) How would you recommend Dan respond? Specifically
state the action you recommend, and justify your response, drawing guidance from the ethical tenets
which you identified above. From the scenario and the codes and ethics of his work, Dan should
state the facts that the explosion is the one that caused the glass to fall and break down hence
causing the injury to the victim foot. The breaking was spontaneous. 2) During an oil refinery
startup, it is discovered that a drain valve has become blocked on a large tank that is meant to hold a
toxic and highly flammable solvent. The tank was left partially filled with water after cleaning, and
a large quantity of solvent was charged into the tank before the water was

The Beach Carrier Essay example
Q1: What is the nature of the product? What are its strengths and weaknesses?
A1: The Beach Carrier is a new product concept developed by Mary Ricci. It is a large, lightweight,
durable bag that is designed to carry everything required for a day at the beach, including a chair.
The Beach Carrier can be folded down to a 12–inch by 12–inch square for easy storage when not in
use. It comes with an adjustable strap and various–sized pockets for carrying all types of items to
the beach or other outdoor activities (i.e. concerts, picnics, and barbecues).
The Beach Carrier possesses several strengths relative to competitive products in the market,
including the following:
1. First, the overall product concept of a single bag that can carry ... Show more content on
Helpwriting.net ...
4. The fluorescent colors of the Beach Carrier are see–through and considered "trendy", lessening
the perceived quality of the bag.
Q2: What are the limitations to the assumptions Ricci has made in determining the market potential?
What risks do these present?
A2: In assessing the market potential for the Beach Carrier, there are several assumptions that Ricci
made that could significantly impact the overall market share potential. These include the following:
1. First of all, Mary Ricci has made the general and often–popular assumption that "bigger is
better". However, a 36–inch by 36–inch bag is huge and would be extremely heavy if completely
filled. People may prefer to have a smaller bag and limit the items that they bring to the beach or on
another outing.
2. Second, the Beach Carrier utilizes an adjustable shoulder strap for carrying and Mary has
assumed that this method would not be viewed as a negative when compared to the "Caddy Shack"
(backpack–type) or the "Wonder Wheel" (oversized wheels). However, many consumers would
likely view these other carrying methods as an advantage, especially if one is packing lots of stuff
including chairs and umbrellas.
3. Next, Mary based her market research on all people who use suntan and/or sunscreen products.
This may be a significant overstatement of the market as many people who use these products

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

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

The Patent Infringement And The Judicial Present Situation
5.China's patent indirect infringement system legislation and the judicial present situation
As mentioned above, China has not set up the patent indirect infringement system, but the debate on
the doctrine of indirect infringement of patent has been going on for many years.
5.3 indirect infringement of patent in judicial practice
Phenomenons of indirect patent infringement in China have become increasingly serious,
however，as mentioned above，the system of indirect infringement is not prescribed in Chinese
patent law, therefore，although there have been a number of judicial practice of indirect patent
infringement cases, there are still no general rules， the trial basis of indirect patent infringement
cases in courts across the country is inconsistent. Many judges use Article 130 of the General
Principles of the Civil Law and Article 148 of the Supreme People 's Court 's (SPC) Opinions on
Several Issues Relating to the Implementation of the General Principles of the Civil Law as trial
basis, while others follow indirect infringement of patent principles directly to judge infringement.
Three particular cases will be described in detail below.
5.3.1 Case1: Taiyuan Heavy Machinery Plant v. Taiyuan Electronic System Engineering
Corporation
In this case, The plaintiff , Taiyuan Heavy Machinery Plant (HMP) was offered an utility model
patent ZL85203717 of "magnetic–mirror type direct current electric arc furnace" in August 1986. In
February 1992, one of HMP's service inventors

Application Letter For A Design Patent
on April 15, 2011. Appel made national headline when they accused Samsung of infringement on
three of their design patent. Sparking a national debate about infringement and kick starting the
patent wars. but what exactly is a design patent and why should we care? In this paper, I hope to
inform the reader on what a design patent is, what is the use of a design patent, the requirement of
obtaining a design patent, and a look into the ethical issue surrounding patent assertion entities
before we can talk about what a design patent is, we first must know what a design is. According to
the united states patent and trademark office(U.S. Patent and trademark office. Design patent
application guide.2009.web
), A design consists of the visual ornamental characteristics embodied in, or applied to, an article of
manufacture. A design could relate to the shape and proportion of an article, the surface of an article
or a combination of the two. For instance, a Donald duck telephone would be an example of a
design related to shape and proportion, and a picture of a race car used as a watch face is an
example of a surface design. A patent is a property right to an inventor. patents grant the right to
exclude others from making, using, offering for sale, or selling" an invention in the United States or
"importing" the invention into the United States.
To obtain rights to a design patent, an applicate must meet three requirements. The design patent
must be a patentable subject, it must be

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

The Legal Profession Uniform Law : Dealer Support Services...
Intellectual property practitioners face some unique conflict of interest challenges. In Australia,
whilst the professions are divided between lawyers and attorneys, the obligations are not very
different. Most lawyers in Australia are subject to the new Legal Profession Uniform Law which
commenced 1 July 2015, and its accompanying Uniform Rules ("Lawyers Rules"). The conflict rule
is extracted in Annexure A hereto. Patent and Trade Marks Attorneys in Australia are subject to the
Code of Conduct 2013 ("Attorney Rules") made by the Professional Standards Board under the
Patents Act and the Trade Marks Act. The conflicts rules thereunder are extracted in Annexure B
hereto. The particular problems unique to IP practitioners I would like ... Show more content on
Helpwriting.net ...
Beach J discussed the meaning of Attorney Rules 15 – see [84]. He criticised it as unclear, it
seeming to deal only with conflict between duty & interest, not duty & duty. Thus, whilst the duty of
loyalty was probably breached, this was not a basis to disqualify the solicitor from acting. This case
represents quite a relaxed approach to conflicts. It is in line with cases such as Prince Jefri Bolkiah v
KPMG (1999) 1 All ER 517 (HL) and World Medical Manufacturing v Phillips Ormonde &
Fitzpatrick [2000] VSC 196 (Gillard J). More traditional approaches have been more strict, not
requiring identification of actual confidential information, but merely the chance of misuse, or the
appearance of impropriety. See e.g. Spincode Pty Ltd v Look Software Pty Ltd (2001) 4 VR 501
(Brooking JA); Village Roadshow v Blake Dawson [2003] VSC 505 (Byrne J); Connell v Pistorino
[2009] VSC 289 (Byrne J); and Nettle J in Sent and Primelife Corporation Ltd v John Fairfax
Publication Pty Ltd and Hills [2002] VSC 429 (7 October 2002) where Jeff Sher QC was restrained
on the basis of a brief 14 years previously he could not even remember! Whilst the liberal view
might be the current law, Nettle J is now on the High Court and thus could signal a shift. Where the
conflict is direct and specific, there is rarely doubt about whether the practitioner should

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
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

Data Collection And Research Methodology
The main area of data collection and research methodology was the collection of a number of
surveys. In our research we used a questionnaire method which participants chose the correct
answer in relation to their personal experience. The questions were all closed end questions. The
responders where given a list of questions and responses from which to choose their answer. The
structure of a questionnaire is important because it is vital to create trust when asking personal
questions. Sensitive questions are placed more towards the end of the survey in order to gain some
conviction. The reason for choosing the survey research method is because it has a number of
compelling benefits. Most notably using an online survey platform allows people to take the survey
quickly efficiently in their own home. You can also find a vast number of people online willing to
take the survey. It has a very low cost and a slightly higher response rate than other forms of
research. The response rates aren't as high as face–to–face but are higher than mail surveys. Overall
this was a very cost effective means of gathering information about a specific topic from a wide
range of people.
The first question asked in the research was based on the knowledge of intellectual property rights.
Astoundingly only 53% of participants answered yes to having knowledge of the existence of
intellectual property rights. This is quite staggering considering the potential legal issues associated
with the incorrect

Registration Of An Invention For A Statutory Monopoly
The patent system protects the functionality of an invention for a limited term. Registration of an
invention is necessary in order for any patent rights to exist in respect of it. An application is
necessary for registration. The Patents Act sets out the procedures and requirements involved in
such an application.
A patent is a right that is granted for any device, substance, method or process that is new, inventive
and useful. A patent is a legally enforceable right to commercially exploit the invention for the life
of the patent.
To be patentable, an invention must be at least novel (new) and inventive (not just a routine
manipulation of an existing product or process). In order to preserve the novelty of your patent it is
... Show more content on Helpwriting.net ...
The application is assessed by an examiner at the patent office of the country in which protection is
sought, and a decision is made whether or not the application will be accepted. Various amendments
can be made to the application in an effort to overcome any valid objections taken by the examiner.
Application Process
A patent application is lodged (provisional then complete), then examined (s 45).
The Commissioner will look at:
a. s 40 internal requirements (s 45(1)(a));
b. Manner of manufacture (s 45(1)(b));
c. Novelty and inventive step (s 45(1)(c));
d. Other matters prescribed in regulations (s 45(1)(d)) – including entitlement to ownership (Reg
3.18(2)(a)(i)) and s 18(2) patentability (Reg 3.18(2)(d));
e. Utility (s.18(1)(c) and s.18(1A)(c ); and
f. No secret use
Innovation patents do not undergo substantive examination before grant, only a formalities check (s
52).
A provisional application is usually filed first. It only needs to describe the invention (s 40(1)). The
applicant has 12 months to file one or more complete applications associated with the provisional
application (s 38(1) and Reg. 3.10).

The priority date of a claim is the date of filing the specification that first discloses the invention (s
43(2)). This will be the date of filing the provisional application.
Requirements
Section 18 Patents Act 1990 (Cth)
Standard patent
(1) An invention is patentable if the

Jaffe V. Samsung Elecs
Jaffé v. Samsung Elecs. Co.
Qimonda AG, a German semiconductor manufacturer, had patent cross licenses with many of its
competitors. Such licenses, in industries like electronics, allow parties in effect to have a truce with
respect to patents, so that they may proceed their respective businesses. Qimonda file bankruptcy
and ceased operations, so no longer needed the protection of the cross licenses. Rather, it terminated
the licenses under German bankruptcy law, to replace them with licenses under which it would
receive royalty payments. Qimonda filed a chapter 15 bankruptcy proceeding in the United States,
to do the same with its American licenses. The representative "committed to re–license Qimonda 's
patent portfolio to the Licensees at a reasonable and nondiscriminatory ("RAND") royalty."
However, the American courts held that US bankruptcy law did not allow licenses. Chapter 15 of
the Bankruptcy Code allows the representative of a foreign bankruptcy proceeding to file an
ancillary proceeding in the United States. It also allows broad recognition of orders entered in the
foreign bankruptcy proceeding. But the recognition is subject to certain safeguards. The US
bankruptcy court may refuse to apply the foreign order if "the action would be manifestly contrary
to the public policy of the United States." In addition, the court must ensure that "the interests of the
creditors and other interested entities, including the debtor, are sufficiently protected."

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