The document discusses gene patenting and provides examples of grammar structures to identify the correct tense or voice in sentences about patents, DNA research, and intellectual property rights. It addresses whether living organisms can be patented and how DNA patents work, clarifying rules around naturally occurring versus engineered DNA.
This is an introduction to patents that I gave to delegates to a seminar on the patent box presented by the IP & Technology Law Group and Atlas Tax Chambers at the Liverpool embassy in London on 12 July 2012. The other speakers were Howard Veares of BDO and Michael Sandys. This introduction explains what a patent is, the conditions for obtaining a patent, how to apply for a patent, the Patents Act 1977, European Patent Convention, the IPO and EPO, licensing and enforcement.
This is an introduction to patents that I gave to delegates to a seminar on the patent box presented by the IP & Technology Law Group and Atlas Tax Chambers at the Liverpool embassy in London on 12 July 2012. The other speakers were Howard Veares of BDO and Michael Sandys. This introduction explains what a patent is, the conditions for obtaining a patent, how to apply for a patent, the Patents Act 1977, European Patent Convention, the IPO and EPO, licensing and enforcement.
In the protection of intellectual property world, patents are granted in many different countries and regions, each having slightly different legal conventions. A patent is similar to a real estate title in two ways.
FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.
Intellectual Property Arflin
Name___________________________________________
Scenario #2 - Patents
1. For each of the following, state whether it qualifies as a process, product, or neither.
· Bicycle
· Technique for riding a bicycle
· Glue used to fix bicycle tires
· Newly discovered information about the history of the bicycle
· Special tire shaped to maximize speed, as determined by applying the laws of aerodynamics
· A manufacturing procedure used to make special bicycle tires
· An oven used for curing rubber, essential for the manufacturing procedure
· The rules of Tread, a new card game, modeled after the rules used in Tour de France.
2. Tinker’s barn is plagued with mice. Tinker has tried every mousetrap on the market, none of them helps. Tinker begins experimenting. She removes the part of one trap that fixes the mouse in place and replaces it with a small bell. The trap doesn’t kill the mice, but it drives them away in hordes.
Question: Can she patent her creation?
3. Meuse purchases motor oil for his model train set. He notices the oil is patented. While working in his wood working shop he runs out of the liquid he uses to condition his wood. Meuse rubs the motor oil in the wood and finds it works better that the liquids usually sold for that purpose. He wants to get a patent.
Question: Can he?
4. Poing, a jet manufacturer is troubled by several serious jet crashes. After spending lots of money to resolve the issue, he learns that snow geese, unknown to biologists, fly at extreme altitudes while migrating to take advantage of the jet stream. Poing realizes this new information is important to several industries from jet to satellites. He wants to patent his findings.
Question: Can he?
5. Farley’s Last Problem has perplexed mathematicians for decades. Before she retired from mathematics and disappeared, Farley wrote on the back of an envelope a challenge to prove a long-standing conjecture, together with some enigmatic hints. Although thousands tried, no one else proved the truth of the conjecture, before or after that time. Finally, after years of work in her attic, Trig sets forth an iron-clad proof of the conjecture.
Question: Can Trig patent her proof?
6. Ponce, a gerontologist, figures out how to genetically engineer humans to produce a human whose altered immune system adds years to the average lifespan. Ponce files his patent application on a “Longer Living Human Being.”
Questions: Is his invention within patentable subject matter? What if it were instead a longer-living guinea pig?
7. To fall within the subject matter of patents, an invention must be a process or product, not be excluded as an unpatentable law of nature, physical phenomenon, or abstract idea. Which of the following fall within the subject matter of patents?
· Astronomer, after studying reams of data from satellites, determines there is a large, unknown deposit of oil under Syracuse, N.Y.
· Driller devises a new method of extracting oil from under a ...
Civil Law Essay. The Civil Rights Act of 1964 - Free Essay Example PapersOwl...Amanda Harris
Criminal vs .Civil law - Free Essay Example | PapersOwl.com. Civil and criminal law Essay Example | Topics and Well Written Essays .... Common Law And Civil Law Essay. CRIMINAL AND CIVIL LAW IN HEALTH CARE Essay Example | Topics and Well .... Law and Justice Essay Sample. Public Law Essay Writing Sample | PDF | Separation Of Powers | Judiciaries.
In the protection of intellectual property world, patents are granted in many different countries and regions, each having slightly different legal conventions. A patent is similar to a real estate title in two ways.
FUNAMENTALS OF INTELLECTUAL PROPERTY IN SPECIFIC TO PATENTS AND PROTECTION OF SOFTWARE BASED INVENTIONS AND THE LEGAL POSITION IN SOFTWARE PROTECTION AS AN EDUCATIVE APPROACH WERE DISCUSSED.
Intellectual Property Arflin
Name___________________________________________
Scenario #2 - Patents
1. For each of the following, state whether it qualifies as a process, product, or neither.
· Bicycle
· Technique for riding a bicycle
· Glue used to fix bicycle tires
· Newly discovered information about the history of the bicycle
· Special tire shaped to maximize speed, as determined by applying the laws of aerodynamics
· A manufacturing procedure used to make special bicycle tires
· An oven used for curing rubber, essential for the manufacturing procedure
· The rules of Tread, a new card game, modeled after the rules used in Tour de France.
2. Tinker’s barn is plagued with mice. Tinker has tried every mousetrap on the market, none of them helps. Tinker begins experimenting. She removes the part of one trap that fixes the mouse in place and replaces it with a small bell. The trap doesn’t kill the mice, but it drives them away in hordes.
Question: Can she patent her creation?
3. Meuse purchases motor oil for his model train set. He notices the oil is patented. While working in his wood working shop he runs out of the liquid he uses to condition his wood. Meuse rubs the motor oil in the wood and finds it works better that the liquids usually sold for that purpose. He wants to get a patent.
Question: Can he?
4. Poing, a jet manufacturer is troubled by several serious jet crashes. After spending lots of money to resolve the issue, he learns that snow geese, unknown to biologists, fly at extreme altitudes while migrating to take advantage of the jet stream. Poing realizes this new information is important to several industries from jet to satellites. He wants to patent his findings.
Question: Can he?
5. Farley’s Last Problem has perplexed mathematicians for decades. Before she retired from mathematics and disappeared, Farley wrote on the back of an envelope a challenge to prove a long-standing conjecture, together with some enigmatic hints. Although thousands tried, no one else proved the truth of the conjecture, before or after that time. Finally, after years of work in her attic, Trig sets forth an iron-clad proof of the conjecture.
Question: Can Trig patent her proof?
6. Ponce, a gerontologist, figures out how to genetically engineer humans to produce a human whose altered immune system adds years to the average lifespan. Ponce files his patent application on a “Longer Living Human Being.”
Questions: Is his invention within patentable subject matter? What if it were instead a longer-living guinea pig?
7. To fall within the subject matter of patents, an invention must be a process or product, not be excluded as an unpatentable law of nature, physical phenomenon, or abstract idea. Which of the following fall within the subject matter of patents?
· Astronomer, after studying reams of data from satellites, determines there is a large, unknown deposit of oil under Syracuse, N.Y.
· Driller devises a new method of extracting oil from under a ...
Civil Law Essay. The Civil Rights Act of 1964 - Free Essay Example PapersOwl...Amanda Harris
Criminal vs .Civil law - Free Essay Example | PapersOwl.com. Civil and criminal law Essay Example | Topics and Well Written Essays .... Common Law And Civil Law Essay. CRIMINAL AND CIVIL LAW IN HEALTH CARE Essay Example | Topics and Well .... Law and Justice Essay Sample. Public Law Essay Writing Sample | PDF | Separation Of Powers | Judiciaries.
2. Choose the correct answer
Gene Patenting: What Do You Think?
Gene patenting is a touchy subject, and I was recently
reminded / recently reminded of it when I heard that the
American Civil Liberties Union sues /is suing a
biotechnology company. Okay, let's go back to basics. What’s
a patent? Patents are what inventors get to ensure that no
one copies / is copying their ideas, makes / is making
money from them and/or takes / is taking all the credit.
Answers
3. Choose the correct answer
Gene Patenting: What Do You Think?
Gene patenting is a touchy subject, and I was recently
reminded / recently reminded of it when I heard that the
American Civil Liberties Union sues /is suing a
biotechnology company. Okay, let's go back to basics. What’s
a patent? Patents are what inventors get to ensure that no
one copies / is copying their ideas, makes / is making
money from them and/or takes / is taking all the credit.
Answers
Gene patenting is a touchy subject, and (1)I was recently
reminded of it when I heard that the American Civil Liberties
Union (2)is suing a biotechnology company. Okay, let's go back
to basics. What’s a patent? Patents are what inventors get to
ensure that no one (3)copies their ideas, (4)makes money from
them and/or (5)takes all the credit.
4. Choose the correct answer
Gene Patenting: What Do You Think?
Gene patenting is a touchy subject, and I was recently
reminded / recently reminded of it when I heard that the
American Civil Liberties Union sues /is suing a
biotechnology company. Okay, let's go back to basics. What’s
a patent? Patents are what inventors get to ensure that no
one copies / is copying their ideas, makes / is making
money from them and/or takes / is taking all the credit.
Answers
Gene patenting is a touchy subject, and (1)I was recently
reminded of it when I heard that the American Civil Liberties
Union (2)is suing a biotechnology company. Okay, let's go back
to basics. What’s a patent? Patents are what inventors get to
ensure that no one (3)copies their ideas, (4)makes money from
them and/or (5)takes all the credit.
1: Passive sentence: The subject (“I”) of this sentence is not the “doer” of the
action. The subject receives the action.
2. Present progressive:Action in progress.
3,4,5. Present simple: Repetitive action.
5. For example, a company (6)is inventing / invents a
special bicycle helmet with super-shock protection that they
developed out of years of research; their patent (which they
apply for) (7)gives / is giving them exclusive rights of the
production and sales of this helmet model that they (8) put /
putted so much work into.
Answers
6. For example, a company (6)is inventing / invents a
special bicycle helmet with super-shock protection that they
developed out of years of research; their patent (which they
apply for) (7)gives / is giving them exclusive rights of the
production and sales of this helmet model that they (8) put /
putted so much work into.
Answers
For example, a company (6) invents a special bicycle
helmet with super-shock protection that they developed out
of years of research; their patent (which they apply for)
(7)gives them exclusive rights of the production and sales of
this helmet model that they put / putted so much work into.
7. For example, a company (6)is inventing / invents a
special bicycle helmet with super-shock protection that they
developed out of years of research; their patent (which they
apply for) (7)gives / is giving them exclusive rights of the
production and sales of this helmet model that they (8) put /
putted so much work into.
Answers
For example, a company (6) invents a special bicycle
helmet with super-shock protection that they developed out
of years of research; their patent (which they apply for)
(7)gives them exclusive rights of the production and sales of
this helmet model that they put / putted so much work into.
6,7: Present Simple: The company is not “inventing” the bicycle at this very
moment.
8. Irregular past verb: Past of “put is “put”
8. This is called intellectual property rights. Secure in their
knowledge that they (9) may be able / will be able to get a
patent, researchers, companies and individuals (10) invest /
are investing their time, money, and brain power to research
and develop new products, ideas, etc. Patents generally (11) are
lasting / last for twenty years, and patenting rights (12)
function / functions generally the same way in both Canada
and the US.
Answers
9. This is called intellectual property rights. Secure in their
knowledge that they (9) may be able / will be able to get a
patent, researchers, companies and individuals (10) invest /
are investing their time, money, and brain power to research
and develop new products, ideas, etc. Patents generally (11) are
lasting / last for twenty years, and patenting rights (12)
function / functions generally the same way in both Canada
and the US.
Answers
This is called intellectual property rights. Secure in their
knowledge that they (9) will be able to get a patent,
researchers, companies and individuals (10) invest their time,
money, and brain power to research and develop new products,
ideas, etc. Patents generally (11) last for twenty years, and
patenting rights (12) function / functions generally the same
way in both Canada and the US.
10. This is called intellectual property rights. Secure in their
knowledge that they (9) may be able / will be able to get a
patent, researchers, companies and individuals (10) invest /
are investing their time, money, and brain power to research
and develop new products, ideas, etc. Patents generally (11) are
lasting / last for twenty years, and patenting rights (12)
function / functions generally the same way in both Canada
and the US.
Answers
This is called intellectual property rights. Secure in their
knowledge that they (9) will be able to get a patent,
researchers, companies and individuals (10) invest their time,
money, and brain power to research and develop new products,
ideas, etc. Patents generally (11) last for twenty years, and
patenting rights (12) function / functions generally the same
way in both Canada and the US.
9: High degree of certainty: We use “will” and not “may” to express high
certainty.
10, 11, 12: Present Simple : Repetitive (habitual) action.
11. Most consumer products (13) are patented / is pantented, but
there is controversy over whether naturally occurring, or living
organisms can be patented. As it stands, DNA can be patented.
Some “types” of cattle (14) have been bred / were bred to be
ideal for meat; biotechnology or agriculture companies
(15 )could/can actually patent the entire set of DNA (called a
genome) of that animal so that another farm or meat business
cannot raise animals with the same favourable DNA. Livestock
(16) can now clone / can now be cloned to reproduce optimal
genomes. If you live in the US or EU, you (17) Could /ought to
be eating cloned meat or drinking milk from a cloned cow,
which is something to ponder.
Justification
12. Most consumer products (13) are patented / is pantented, but
there is controversy over whether naturally occurring, or living
organisms can be patented. As it stands, DNA can be patented.
Some “types” of cattle (14) have been bred / were bred to be
ideal for meat; biotechnology or agriculture companies
(15 )could/can actually patent the entire set of DNA (called a
genome) of that animal so that another farm or meat business
cannot raise animals with the same favourable DNA. Livestock
(16) can now clone / can now be cloned to reproduce optimal
genomes. If you live in the US or EU, you (17) Could /ought to
be eating cloned meat or drinking milk from a cloned cow,
which is something to ponder.
Justification
13. Subject verb agreement: The subject “Most consumer products” is plural.
14. Present Perfect : Unspecified time.
15. Ability: Ability in the present (“actually”) requires “can” and not “could”.
16. Passive voice: The subject “Livestock” receives the action.
17. Possibility: Only “could” works as “ought to” implies obligation which
would be illogical in this context.
13.
So, to clarify, whole living animals (18)are not patented /
were not patented, their DNA is. DNA that would naturally
(19) occurs / occur without human influence is not
patentable. DNA (20)is becoming /becomes patentable
when genetic engineers (21) had isolated / have isolated
or changed it to produce a unique form that would not be
found in nature. DNA patents are on the rise as geneticists
make more and more discoveries; currently over three
million patents relating to (22) DNA have been applied
for / were applied for.
Justification
14.
So, to clarify, whole living animals (18)are not patented /
were not patented, their DNA is. DNA that would naturally
(19) occurs / occur without human influence is not
patentable. DNA (20)is becoming /becomes patentable
when genetic engineers (21) had isolated / have isolated
or changed it to produce a unique form that would not be
found in nature. DNA patents are on the rise as geneticists
make more and more discoveries; currently over three
million patents relating to (22) DNA have been applied
for / were applied for.
Justification
18. Passive sentence: Context requires the present.
19. Modal form : A verb that comes after a modal never takes “s”.
20. Present simple: Habitual / fact.
21. Present perfect: Past connected to the present.
22. Present Perfect: Past connected to the present.
16. Embryonic stem cells are:
undifferentiated ce"s that one derives #om an
embryo.
differentiated ce"s that one derives #om an
embryo.
a group of ce"s that are inserted into an organ to
repair its tissue.
17. Embryonic stem cells are:
undifferentiated ce"s that one derives #om an
embryo.
differentiated ce"s that one derives #om an
embryo.
a group of ce"s that are inserted into an organ to
repair its tissue.
18. Embryonic stem cell lines are:
families of pluripotential ce"s grown
#om a single parent group of stem ce"s.
families of self-regenerating ce"s grown
#om a single parent group of stem ce"s.
families of pluripotential ce"s grown
#om various parent groups of stem ce"s.
19. Embryonic stem cell lines are:
families of pluripotential ce"s grown
#om a single parent group of stem ce"s.
families of self-regenerating ce"s grown
#om a single parent group of stem ce"s.
families of pluripotential ce"s grown
#om various parent groups of stem ce"s.
20. Find a that word means 1), “progeny” / “descendant”
and 2), a word that means :the activity of controlling
the mating and reproduction of animals.
Cloning animals is a reliable way of maintaining high quality
and healthy livestock to supply our nutritional needs and
consumer demand. Identifying and reproducing superior
livestock genetics ensures herds are maintained at the
highest quality possible. Animal clones will primarily be
used as breeding stock to improve the health and quality of
animals used for food production. So, most consumers will
likely never eat an animal clone; rather, meat and milk
products in the marketplace will come from the offspring of
animal clones.
21. 1) Offspring: the descendants of a
person, animal, or plant.
2) Breeding: the activity of controlling
the mating and production of animals.
22. Can you remember a term from class #2
that means “the latest and most
advanced stage in the development of
something”?
23. Can you remember a term from class #2
that means “the latest and most
advanced stage in the development of
something”?
Cutting edge
24. “To keep something at bay” is an
expression that means:
To avoid something.
To stay close to something.
To maintain a safe distance #om
something.
25. “To keep something at bay” is an
expression that means:
To avoid something.
To stay close to something.
To maintain a safe distance #om
something.
26. Complete the text with one of the following words:
surrogate, genetically, genetic, gestational, social.
In the ______________ surrogacy arrangement, the
child may be related to both the mother and father. This
idea is consistent with the emphasis on the primacy of the
blood tie in EuroAmerican kinship ideology and the
importance of family. One of the most interesting aspects
of a __________'s perception of the fetus she is
carrying is that it is not her child. This belief holds true
whether the child is produced with her _________
contribution (50% in traditional surrogacy and, of course,
in a traditional pregnancy) or not ___________ related
to her at all, as in ....
27. In the gestational surrogacy arrangement, the child
may be related to both the mother and father. This idea
is consistent with the emphasis on the primacy of the
blood tie in EuroAmerican kinship ideology and the
importance of family. One of the most interesting
aspects of a surrogate's perception of the fetus she is
carrying is that it is not her child. This belief holds true
whether the child is produced with her genetic
contribution (50% in traditional surrogacy and, of
course, in a traditional pregnancy) or not genetically
related to her at all...
28. Nanotechnology is:
The study of the control of matter on an atomic or
molecular level
The technology that deals with very sma"
microchips
Technology that uses microelectronics
29. Nanotechnology is:
The study of the control of matter on an
atomic or molecular level
The technology that deals with very sma"
microchips
Technology that uses microelectronics
30. The full amount of an agricultural or
industrial product is the:
Yield
Crop
Fertilizer
31. The full amount of an agricultural
or industrial product is the:
Yield
Crop
Fertilizer
32. Vocabulary exercise
Think of a sentence (minimum 10 words) using one of
the following words and write it leaving a blank.
Patent, enforce, mixed blessing, breakthrough,
scrutiny, a bit player, come up with something,
intellectual property.
33. Vocabulary exercise
Think of a sentence (minimum 10 words) using one of
the following words and write it leaving a blank.
Patent, enforce, mixed blessing, breakthrough,
scrutiny, a bit player, come up with something,
intellectual property.
Example: Jim Bunning was no more than a
___________ who enjoyed his 15 minutes of fame for
the team.
34. Vocabulary exercise
Think of a sentence (minimum 10 words) using one of
the following words and write it leaving a blank.
Patent, enforce, mixed blessing, breakthrough,
scrutiny, a bit player, come up with something,
intellectual property.
Example: Jim Bunning was no more than a
___________ who enjoyed his 15 minutes of fame for
the team.
Jim Bunning was no more than a BIT PLAYER
who enjoyed his 15 minutes of fame for the team.
35. Grammar review
• Present tenses (p40-52)
• Modal verbs (p.72-84)
• Passive sentences (p.158-163)
• List of keywords on the course website