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Weasel Words-Sales and Advertising
isingWhy Ads Work Suite 301 641 W. Lake Street Chicago, IL 60661 P 80A0.634.4941 F 800.998.0854 info@learningseed.com
www.learningseed.com Why Ads Work Page i of 8 Why Ads Work Legal Niceties The Video Copyright © 1996 Learning Seed. This video program is
protected under U.S. copyright law. No part of this video may be reproduced or transmitted by any means, electronic or mechanical, without the written
permission of the Publisher, except where permitted by law. This Teaching Guide Copyright © 1996 Learning Seed. This teaching guide is copyrighted
according to the terms of the Creative Commons non–commercial license (http://creativecommons.org/licenses/by–nc/2.5/). It may be reproduced, in
its part or its... Show more content on Helpwriting.net ...
But that's precisely why they're so powerful." Why do we "tune out" weasel words? Perhaps listening carefully to the meaning of so many
thousands of ads is simply mind numbing. We don't know for sure, but the video proposes that we tune out these words because we don't want to
hear them. We hear what we hope to hear. In other words, if an ad claims "save up to 40%" we hear "save 40%" because we want to save money.
The "save 40%" gives us a justification, a reason for going to the store. We justify the shopping trip because it is a chance to "save" money rather
than spend it. We hear "prevents cavities" instead of "helps prevent..." because we like to believe that using the toothpaste will indeed save some
painful dental drilling. We do not want to hear a more honest "This toothpaste is just like a dozen other brands. Brushing and not the toothpaste does
most of the cavity prevention." The video explains "Advertising language is a bit like a magic trick. Magic works because audiences want to be
amazed – they want to see things disappear, or be cut up and magically restored. That's why advertising works –consumers want to believe a product
has power. They want the pieces to be made whole again – whether that thing is a kitchen floor or their own bodies. Advertising usually tells the truth,
but consumers lie to themselves." Are these small "stealth words" the most persuasive aspect of today's advertising? No, image is primary today.
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Bibliography On Intellectual Property Rights
Contents Page Overview of intellectual property rights and how it relates to Computing3 Introduction3 What are Intellectual rights?3 What is Patent?4
What is copyright?4 Why patent over copyright5 Patentability for and against5 Work arounds6 Overview of intellectual property rights and how it
relates to Computing Introduction An ongoing debate is rife in the world of law as to whether computing has its own law. However this debate had
risen to both national and international levels before it was quelled by individuals such as Judge Frank Easterbrook, who stated in a ground–breaking
paper that there is no such thing as computer law (Easterbrook, 1996). What is commonly called computer law actually refers to a myriad of
connected concepts that exist in current case law, and said laws are subsequently applied to the claiming of intellectual rights for technologies of
computer software, e–mail, security theorems and the Internet and other such networks. An offshoot of this debate has been further calls for
clarification as to the specific nature of intellectual protection of software, an example of which is the EU directive draft on the Patentability of
software and other computer–based inventions. The draft is being discussed in order to unify the interpretation of the national patentability
requirements and despite it being rejected in 2005, the very existence of this draft highlights the complex nature that enshrouds how software is
perceived and subsequently
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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
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Biotechnology in Malysia : Medicinal Patent Essay
In Malaysia, pharmaceutical inventions in the form of products or process can be protected as patents upon meeting the patentability requirement and
do not fall under statutory exceptions for non–patentable subject matters. The requirements for patentability of pharmaceutical inventions are that the
invention must be new, involves an inventive step and it is industrially applicable. According to Biotechnology In Malaysia (2008), granted patents in
the healthcare field are showing an increasing trend by scoring 121 patents amongst 296 patents in total. These patents are under legislation of the
Patents Act 1983 in Malaysia.
This biological patent can be referring to the gene sequences patent (Ramachandran, 2009). A patent with MY140009A,... Show more content on
Helpwriting.net ...
Bhd instead. However, Universiti Putra Malaysia owns an intellectual property in medicine. An example is antioxidant rich nutraceutical formulation
with application number PI20050102. This neutraceutical product compose of three antioxidants; tocopherols, tocotrienols and gamma oryzanol that
improve antioxidant status and reducing the risk of coronary heart disease.
The Patents Act(established on 1st August, 2001) provides thedrug patent owner certain exclusive rights in respect of its patent within twenty years
from the filing date of the application regarding the patent applied (Lim &Ooi, 2006). The merit of drug discovery can reduced the risk of heart disease
which is common in Malaysia. The drug which haspatented prevents generic drug competition. Patents provide legal protection for inventors in order
to prevent other people from making use of their ideas. Therefore, only the pharmaceutical company that developed the drug is allowed to sell it. Drug
patent gives impact in the economy by that the pharmaceutical companies often maintain that patent protection for drugs ensures that they are able to
dominate the market. They do this by investlots of money into the development of new products, by making sure that they will be able to take
advantage of the sales.Patent protection for pharmaceutical can help to
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An Introduction to the Law and Economics of Intellectual...
American Economic Association
An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The
Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3
–27 Published by: American Economic Association Stable URL: http:/
/www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies
/terms.jsp JSTOR is a not–for–profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a
trusted digital archive. We use information technology and tools to increase ... Show more content on Helpwriting.net ...
It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate
where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the
economics of intellectual property. Suzanne Scotchmer analyzes the complex effects ofpatent protection when innovation is cumulative. Rather than
analyzing situations in which several firms vie to develop the same innovation–the approach of the "patent race" literature–her analysis examines
circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop
both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent
system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line
of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research
and development that takes place. In the final paper, David
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Harmonization Of International Patent Law
Today, business often crosses the boundaries and thus inventors are required to protect their inventions in the countries where they wish to operate.
Patent systems of different countries are different and this creates much problem. They are often very reluctant to do business in countries where
protection is very less or almost nil for their invention. Thus, neither inventor nor the countries enjoy the benefit of patent. If we examine rules of
different countries then many differences can be found but at the same time many similarities can also be traced out. However, by effort and
cooperation many of these differences can be minimized. Harmonization is considered as a tool for minimizing these differences of patent system of
different countries.
The term 'harmonization' can be defined in many ways. In its narrow sense, it can be defined as, "countries negotiating agreement to follow the same
substantive regulation". Hansson has given a broader definition of harmonization as "the coordination of economic policy actions and measures in
order to reduce international differences in such actions."
Harmonization of international patent law means creation of uniform patent laws around the world. It can be said that it means the patent rules which
are streamlined and made equal in all national and regional patent system. Thus, we can say that the term harmonization is a very broad concept and
includes every measure to bring patent system of different countries together so
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Paragraph 8 Of The U.s. Constitution
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order "to promote the
Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries" (U.S. Const. art. I, В§ 8). Apatent provides the inventor with an exclusive right to "use, license or sell and invention," (U.S. Const. art. I,
В§ 8), as such the product, service, process or design becomes the personal property of the inventor(s).
The Patent Act of 1793 redefined the subject of a patent that remains in effect today. The Act reads, "That when any person or persons, being a citizen
or citizens of the United States, shall ... Show more content on Helpwriting.net ...
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the
type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be
strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus
of the proceeding text and justification for patent reform in the United States.
Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions, rather buy patents in order to sell licenses to other
organizations interested in utilizing or commercializing the invention. Nonproducing companies like Bellevue, Washington–based Intellectual
Ventures, argue that licensing of patent rights supports innovation, as they are able to broker access to companies and individuals that have the
capacity to do something with the intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing companies
aggressively defend their patents by filing patent infringement lawsuits in federal court against companies or groups of companies that that they believe
have infringed on their patents. The focus on litigation is in fact a core component of these firms
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Non Discriminatory Requirement Policy Statement Essay
Non–Obviousness Requirement Policy Statement
Name
Abdulrahman Alfhiadi
Non– Obviousness Requirement Policy Statement
1.0 General Policy Statement
In essence, the Department of Technology acknowledges that people are still pursuing new ideas, discoveries, and inventions, which are essential for
commercial application, problem–solving, and of general importance to the society. It is the interest of the state to encourage the development of new
technological ideas and discoveries that are a product of individual or collective research. On this note, it is imperative to acknowledge and accredit the
innovator by offering the appropriate patent protection. However, in pursuit of this objective, there is a need of reducing the inventions to practical
applications so that adequate recognition and the incentive is accorded to the appropriate inventors, which will enable them to share the rightful
proceeds from their efforts. Accordingly, the policy published herewith is to be established to out a cutline on the patentable and distinct inventions. In
this line, it becomes evident that the role of the patenting authority is not only to collect the costs of the patent program but also to support useful
inventions.
1.2 Patent Policy Objectives
The primary goal of the Patent Policy includes the following:
1.To promote innovative research, creative technology development, encourage the spirit of inquiry for the realization of new ideas, inventions, and
furthering
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The Cost Of Clinical Trials
Expenses: The cost of clinical trials may cause Gilead earnings to fluctuate, which could adversely affect stock prices. Clinical trials are required to
obtain regulatory approval of Gilead's products, and clinical trials are generally required to be conducted after regulatory approval. Clinical trials are
all very expensive and it is difficult to control or accurately predict the timing or amount of these expenses. In addition, the FDA and/or other regulatory
agencies sometimes require more clinical testing than may have been originally planned. Unplanned spending on tests and clinical trials that may be
necessary to further develop other product candidates may cause operational outcomes to fluctuate and result volatility in Gilead's stock prices.
Relationships: Gilead also depends on its relationships with other companies for product development and subsequent marketing and sales. Failure of
these relationships, poor performance by those companies, or even disputes could negatively impact Gilead's operations. Gilead relies on a number of
collaborative relationships with other pharmaceutical companies for marketing and sales performance in certain geographic areas that include the
United States, Europe and Canada, as well as territories outside of the United States. In some countries, Gilead relies on international distributors for
sales of their products. Some relationships also involve the clinical development of partner products. Reliance on these relationships presents
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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
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Case Study: Permanent Disability Claim
This file has been transferred to me for further defense handling. Feel free to contact me if you have any questions or comments regarding these
claims. It is my practice to return all communications within 24 hours, if possible. I look forward to working with you as we bring these claims to an
equitable conclusion in the near future. At this time, we are set for a Mandatory Settlement Conference on May 15, 2017 at 1:30 pm PST in front of
the Honorable Judge Richard Ellis. Background I note an authority up to $49,500.00 (less any and all permanent disability benefit advances) has been
extended to us on November 15, 2016. The applicant's attorney was unresponsive to our settlement attempt, thus we filed the Declaration of Readiness
to... Show more content on Helpwriting.net ...
Dr. Lundeen indicated the applicant does not need any injections or surgery. Dr. Previte also indicated the applicant does not need further surgery
with respect to her bilateral wrists. Overall, I believe the authority up to $49,500.00 should be more than enough to settle all these claims, even with
the inclusion of the 132(a) claims. Plan of Action I will appear on your behalf at the MSC and hopefully the parties can come to an agreement.
Meanwhile, I will try and contact the applicant's attorney to solicit a demand. I understand we have previously requested an updated printout of
benefits from you. I do not see it in our file. Please kindly provide me with another updated printout of benefits for the upcoming MSC. If you have
any questions or comments regarding the above, please do not hesitate to contact me. Thank you very much for allowing us to handle this file on your
behalf. Again, I look forward to working with you on these
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Harwood Medical
Problem Statement Harwood Medical Instruments PLC (HMI) manufactures specialty medical instruments. The incentive compensation scheme was
based solely on operating profit and did not take into account any other key performance indicators. HMI instituted a new bonus plan that takes into an
account a more balanced scorecard approach and is based on operating profit and other key performance indicators. The problem in this case is whether
the new bonus system is successful and whether it is the most appropriate incentive program for the company.
Case Data Harwood Medical Instruments PLC is based outside Birmingham, England and manufactures specialty medical instruments. The company is
organized into nine separate divisions each run by ... Show more content on Helpwriting.net ...
Scrap and Rework CostReduced by excess of scrap and rework costs over 1% of operating profit.
Customer Satisfaction RatingsReduced by $5,000 if average customer satisfaction ratings were below 90%
What if final amount is negativeNo bonus is paid and it is not carried forward
Exhibit 3 – Division Managers Bonus for half–year period under Alternative 3
Base Bonus1% of operating profits
On Time DeliveriesIncreased by $20,000 if over 97% of deliveries are on time.
Increased by $10,000 if 95% to 97% of deliveries are on time.
No increase if on time deliveries are less than 95%
Sales ReturnsIncreased by $10,000 if sales returns are less than or equal to 1% of sales.
Decreased by 50% of the excess of sales returns over 1% of sales
Patent ApplicationIncreased by $2,000 for every patent application filed.
Scrap and Rework CostReduced by excess of scrap and rework costs over 1% of operating profit.
Customer Satisfaction RatingsIncreased by $20,000 if average customer satisfaction ratings are above 95%. Increased by $10,000 if average customer
satisfaction rating is above 90%. Reduced by $5,000 if average customer satisfaction ratings were below 90%
Special Indicator determined and specific for individual divisions. $20,000 if objective is met.
For the Surgical Instruments Division the agreed indicator is 95% customer satisfaction.
For the Ultrasound Diagnostic Division the
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The Application Of The Patent System
Intellectual Property Midterm
Question #2
The core purpose of the patent system is to incentivize innovation but the current system often has the opposite effect. Patents give inventors
monopolies over their inventions for a period of time in order to allow inventors to recoup the costs of research and development ("R&D") and to
generate profits that reward inventors' efforts, encouraging future investment. In exchange, patentees dedicate their inventions to the public domain
once their patents expire. The traditional model of patent licensing, whereby a company pays a patent owner to license an invention that a company
legitimately uses has been appropriated by non–practicing entities ("patent trolls") and aggressive patent holders that initiate frivolous lawsuits. Patent
trolls often purchase patents from bankrupt companies, for the sole purpose of extorting licensing revenues from organizations that are actually
creating new products.
Patent examiners increasingly grant overly broad, obvious, and non–novel patents particularly in high–technology industries. The massive increase in
U.S. patent awards in the past few decades has not been associated with more rapid economic growth, largely because many of the patents issued are
for advances of marginal value, which slows high–quality development and rollout by enabling patent trolling. Some companies aggressively assert
their patent portfolios to prevent competitors from entering the market. Small companies are
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International Patent
International Patent: Everything You Need to Know
An international patent, also referred to a PCT patent application, is a request that your invention be patented outside of the United States. It is
important to note that there is really no such thing as an "international patent." Rather, if you want to obtain patent protection in countries outside of the
United States, you'll file a PCT patent application. PCT, also referred to as Patent Cooperation Treaty, is an international patent treaty that provides a
procedure for filing for international protection. The treaty helps those wanting to seek patent protection in other countries as it delays the process for
up to 30 months (2 and a half years) so that inventors can further produce their ... Show more content on Helpwriting.net ...
The application, however, may not automatically provide you with protection in each of these countries. The PCT application can only be used as a
reservation for submitting your patent to those specific countries, allowing you to delay the process for up to 2 and a half years so that you can make a
determination as to which countries to seek protection in. Only after that point is the PCT application converted into a formal patent application.
In simpler terms, the PCT process includes two phases: [1] filing the international application and [2] choosing which countries to apply for patent
protection, and
converting the PCT application into an actual patent application within each specific country you wish to seek protection in.
PCT Timeline
As previously noted, the main benefit of the PCT is to defer your international patent requests for a period of up to 2 and a half years. Therefore, when
you want to file a
PCT, you'll visit the WIPO website and gather all necessary documentation needed for filing. There are still steps and guidelines for you to abide by
for the PCT application itself. Once you have filed your application, it'll be reviewed by a patent examiner who will then draft a written report and
opinion indicating the likelihood of you obtaining patent protection in each country you identified in your application. For example, if, in your
application, you indicated that
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Taking a Look at SleppSolutions
III. PRODUCTS SleppSolutions primary task is creating fitness equipment for those faced with physically challenged people. Using SleppSolutions'
products, those faced with a physical challenge will be able to exercise in the comfort and privacy of their home. The products will be comfortable,
strong, secure, and garmented to deliver results. There are many significant benefits in using SleppSolutions' products even without a physical
challenge. SleppSolutions is offering an alternative to traditional fitness equipment and routines that are stressful to the body. Using our products both
enable exercise for those with challenges such as arthritis, but also minimize the risk of developing arthritis for those that don't have it.
Hands Free Fitness Unlike traditional fitness products, Free Hand Fitness can remove the weight from the hands and still offer a great exercise using
body weight as resistance. Free Hand Fitness offers:
Customizable workouts based on where the user places their feet with respect to the door
Isolation of muscle groups by removing the forearm from the workout
A comfortable alternative to traditional equipment that does not cause stress to the wrist
A more reasonable price compared to competitors.
Instructional workout videos will be developed in the future for Free Hand Fitness
Patents and Trademarks SleppSolutions has the Free Hand Fitness product protected under Provisional Patent Application number 619/08213 until
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Big Pharma Medical Case
The United States Patent and Trademark Office is overloaded with thousands of applications a year, given an applicant can even get their patent filed.
In the pharmaceutical industry, the patent process is in dire need of being reformed. A typical patent last twenty years and the process is a little
different when it comes to manufacturing drugs compared to other industries. Partly because in the medical field research is more or less openly
shared. However, on the pharmaceutical side the more concealed the better the chances are to get good profitable returns. During the beginning stages
of getting a drug to market the drug must be tested and adhere to the Food and Drug Administration's (FDA) guidelines. An FDA approved drug means
that the ... Show more content on Helpwriting.net ...
The sad truth is that without negotiation power the medical industry cannot change the drug price war. Dr. Jeffery Sachs was interviewed on
MSNBC's Morning Joe. In that interview Sachs addresses, why Medicare and others cannot fight for fair drug cost. Sachs says they are not
allowed to negotiate because there is a clause that lobbyist have in legislation saying they cannot. (Sachs) So, one solution would be to go ahead
and allow the government to lobby for equal drug prices that other countries benefit from. Also in that interview Sachs says that Big Pharma (the
large pharmaceutical companies) provide funds for the congressional races. By this they control most of what gets put into laws anyway. The drug
industry is not a free market and therefore drug companies can charge what they want. Other countries cannot sustain the drug pricing fiasco the
United States has. Their economy is not strong enough and lives are taken because of it. That means patients have no say and very little choice. In
an article in PhRMA by Nicole Longo for The Catalyst sheds light on proposed changes to Medicare Part B. A proposal that the Medicare Payment
Advisory Commission (MedPAC) voted in favor of. The solution was to create the "drug value program" (Longo) essentially a newer version of the
competitive acquisition program. The effort is to make Part B have an edge over competitors. Longo points out very serious flaws in the program
including but not limited to "a binding arbitration process to set prices for new drugs, government price controls and for the first time, imposing access
restrictions for patients." (Longo) The program as is would actually limit Medicare recipients with major illnesses that need specialty
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Technology Law Case Study
As a leading specialist chemical patent lawyer, my role is to write and prosecute your patent application and have it licensed by the federal
government. A patent is a description of an intellectual idea and is used to protect different kinds of inventions as long as they are considered new and
useful.
At Technology Law, PLLC I can draw up most agreements dealing with the use of technology. They include non
–disclosure agreements (NDAs), as
well as consulting, research, licensing, patent purchase, and manufacturing agreements. Affiliate services provided include litigation and opposition. I
charge by the hour, payable in monthly instalments, although negotiated fixed fees are possible.
Trademarks protect the identifying marks and names of ... Show more content on Helpwriting.net ...
My goal is to make sure that clients who have an acceptable idea or invention that deserves to be protected should have that idea patented by the
federal government. I have the expertise and knowledge to take you through the entire process step by step and achieve the best result for you.
Acquiring patents for inventions in the chemical and pharmaceutical industry is a major part of my work here at Technology Law, PLLC. Chemical
patents differ from other types of patent because of the high research costs involved and the risk in bringing new drugs on to the market. It is
specialized work and I have years of experience in doing it. Patent protection lasts for 20 years from the date of its first filing, and in the US patent
rights are enforced by litigation in federal district courts.
Patent prosecution is the communication between my clients as applicants and me as their representative in getting the patent licensed. Once an
agreement is in place I will ask for the invention to be emailed to me and check that nothing like it already exists. I will then write an application and
file it with the patent office. Prosecution could take up to a year if it is a mechanical patent, or several years in the case of a chemical
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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
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Global E Retailer Of Amazon
In 2013, global e–retailer Amazon made over 74 billion dollars in sales ("Amazon Income") . In addition to its primary e–retailing function, the
company owns many subsidiaries, including companies like Audible UK and IMDB ("Subsidiaries"). Jeff Bezos, CEO of Amazon, defines the
company's core values as as "customer centricity, putting the customer at the center of everything we do, invention. We like to pioneer, we like to
explore, we like to go down dark alleys and see what's on the other side" ("Amazon"). Since its inception in 1994, Amazon has led the e–commerce
market, continually expanding and innovating to become the corporate behemoth it is today ("About Amazon"). The development of new technologies
that set trends in Consumer Behavior has been critical to its success; many of these developments build on its pioneering software patent––One–Click.
Amazon expanded on its original online retailing to include various services, including Amazon Prime and Amazon Instant Video. However, one
particular feature marked the beginning of a new trend in consumer behavior. Amazon One–Click, the technology behind Amazon's simple one–click
online ordering, set the trend of simple online purchasing during the advent of the period. It works by using cookies to identify returning online
shoppers, allowing shoppers to bypass the online checkout process (GrГ©goire 33). Although while undergoing testing, One–Click fared poorly with
consumers (Smith 105), Amazon launched the feature in 1997
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Software Patents and Piracy in China Essay
Software Patents and Piracy in China
Abstract
Software patents raise a lot of issues during the development of IT industry. As a legal action in protecting the ownership and intellectual property,
software patents are applied to a wide range of codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use
and profit from the product or process in question." 1 This paper will discuss the general background and effects of software patents. After presenting its
current law and situation in China and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It suggests that enforcing
intellectual property still has a long way to go in China. From ethical point of ... Show more content on Helpwriting.net ...
Then a patent search will be performed through patent database. After passing the evaluation of the commercial potential of this invention, it will be
patented. This patent will then be legally protected by US law. If the patent process is filed in other countries, for example, China, the ownership
should also be protected by the local Chinese government.
China has achieved great success in economic reform in the last ten years. The increasing foreign investment, especially in high–tech, has made China
one of the biggest market for the sale and licensing of IPR products. During the period 1993 to 1997 alone, high–tech related foreign investments in
China has reached a total of $185.8 billion.2 However, IPR protection in China is still way behind US. The most common problem is piracy. Software
piracy refers to the illegal or unauthorized copying of software. In a sense it is ethical equivalent to pirates' attacking ships in public water. "The
International Intellectual Property Alliance estimates that millions of pirated DVDs worth $160 million, and $47 million worth of fake CDs and
cassettes were sold in China in 2001,"6 In this paper two cases will be analyzed in ethical and legal perspectives of patent and piracy.
Case Study: Pirate CD salesman is arrested
The case
In Jiangsu Province, the southern part of China, it is not surprising to find pirate
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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
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Gene Sequencing And The Human Genome Project
Gene sequencing is a method that helps us to read the genetic code and to compare normal genes with disease causing genes (Kratz, 2015). It is
helpful to determine the precise order of the bases in a DNA strand, and mostly used for genetic variation or mutation that might lead to a development
of a disease. This disease causing change can be a substitution, deletion or addition of a single base pair (National Human Genome Research Institute,
2014). Since the human genome project has completed its first draft in 2001, researchers are more keen to find out more about the human genome, the
variability of the gene sequences amongst humans, and the relationship between the gene sequence variation to human health (Green et al., 2013).
After a... Show more content on Helpwriting.net ...
Patents are used to protect the gene sequence worldwide where the patent owner considers there will be a viable market in that area (Merz and
Cho,2008).Patenting genes have become popular after the human genome was complete and became more a topic that people debated about (Caulfield
and Gold, 2000). The patenting system in gene sequencing is important to discover new medicines and other advances in healthcare (Nuffield Council
on Bioethics, 2002). The European Society of Human Genetics (ESHG) are looking for ways to develop the current patenting and licensing system in
order to make the public handle the situation in a well manner, respect to the current legislation (European Journal of Human Genetics, 2008). Being
quite a controversial topic there are a number of ethical issues that arise from the society which will be discussed below.
Human dignity
Patenting gene sequences has been a topic that has been debated and problematic for quite a while. One main issue that is discussed is human dignity.
Thinking about patenting human genes can give the idea of owning the gene sequence. In fact a response from a lawyer would be that patenting is not
exactly ownership. This statement is true but doesn't change the way people think about dignity. Many people still think that human genes are
commodities.
Even though patenting DNA reduces the risk of
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Case Study On System Requirement Modeling
In this assignment I will be using assignment 2:1 case study to my system requirements. In this case study we learn about a company called
URCovered, which is an auto insurance companies and they were developing a mobile application to improve their customer services and customer
experience in their claims management department. To develop this mobile applications projects this will required a system requirement model, a
requirement model, data process model, a DFD, data dictionary, object modelling and final a use case diagram System Requirement Modelling In the
system requirement modelling this in be a fact gathering for information or fact finding, questions will be place to our customer such as surveys, face
to face interviews so we can
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Case Analysis : ' Utility Patent Law ' Essay
Utility Patent
Xinyu.Zhang (Sirie)
IT266
12/12/2016
Utility Patent
Utility patent is the most well–known patent. It is belong to the protection of intellectual property. However, applying to it is a big challenge foe both
money and time. Utility model is easier to apply, but it isn't recognized in the U.S. Because of the patent law is enacted by the country, so different
countries have their own explanations. This paper will focuses on the U.S, Chinese patent law. What is patent? Patent is one way to protect intellectual
property. The other ways that can protect intellectual property are through copyright and trade secret laws. These three laws protect distinct subjects.
Copyright will protect the work with authors, such as arts or books. Trade secret will protect an organization's important information that are unknown
by the public. Patent will protect inventions and it's certificated by United States Patent and Trademark Office (USPTO). Once the organization or the
person has the patent, the patent's owner will have the monopoly for this subject and can sue the others "patent infringement" if they use or sell the
invention without owner's permission. Even if someone is using the invention without previous known about the owner's invention, it's also not legal.
Different patents have the different valid statutory period. After it's expired, the patent owner need to pay for the maintain fee in order to keep the
patent. And the U.S patent is
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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
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The Idea And Features Of The Alarm Clock App : Wake Up Ul
Introduction
There are four main factors that we have to focus on this project: the idea and features of "Wake Up UL;" researching and advertising process; safety
and liability, patenting, competition, and product design; and a financial plan. In the introduction about idea and features of our alarm clock app: Wake
Up UL, we have to make an online survey through http://surveymonkey.com and receive fewer responses than we expected, causing inaccuracy in
analyzing the demand and need of the product as well as the UL community's interest. Secondly, to make our product stand tall and look good in the
current market of alarm clock apps, we need to create more powerful features that our app can offer such as multiple–choice questions, matching
objects and remembering path–structure to turn the alarm off. Our app is a combination of features from separate current products, leading to potential
copyright–conflicting issues. For our own, we only have ULL connected network where app users can download their classmates' question banks and
use it. Last but not least, to catch users' attention, we have to come in with strong willingness and beneficial purposes of our app to serve the UL
community. Our app serves the community not only as a usual but powerful alarm clock app that actually force users to wake up, but also as a new
tool that can test users knowledge, build up their credits, build up their relationship, and strengthen our UL community. Catching users' attention is the
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Essay on Intellectual Property
1.Why is the market for intellectual property (IP) so illiquid and inefficient today?
IP is becoming increasingly important in the world economy. This can be seen in the increase of patent application and granting. Contrary to the
growing IP assets, the market for IP was still con–sidered small and illiquid. Obstacles hindering the uptake of the IP market are:
High search and transaction costs for both sides, seller and buyer: There is no transparent mar–ket providing fair value estimates such as ebay.com
where inventors or patent owners can look for a market for their IP rights. Further, standardized licensing deals do not exist: most IP trans–actions are
based on customized deals and thus require long periods of negotiation and ... Show more content on Helpwriting.net ...
Live auctions (e.g. Ocean Tomo)
IP auctions are similar to live auctions including an auctioneer. The patents were sold to the high–est bidder if the reserve price was reached. Reve–nue
was made through
1.fees charged for selling and bidding
2.buyer's/seller's premium for successfully closed transactionsпЂ«about 3 auctions a year since 2004
пЂ«$14.3 million revenue at last auction in 2010
пЂVery sensitive to economic changes: auction after financial crisis in 2009 only sold 7% of its lots (average sale–to–listing ration: 38%)
d.Online IP platforms (e.g. Tynax)
Companies offering the service of an online IP market designed to match buyer requirements with sellers' offerings. Revenue is achieved through
commissions on completed transactions and registration fees in case of Yet2.com.пЂ«Tynax lists over 10.000 patents for sale
пЂ«No acquisition of IP – solely mediator
пЂ«Create transparency and reduce transaction costs to match buyers with patents
пЂ«Revenue from commission range from $100.000 to $10 million
e.Intellectual Property Exchange Interna–tional (IPXI)
Independent company, created by Ocean Tomo to establish the first global exchange of IP thus trading contract rights in patents, trademarks and
copyrights.
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Case Analysis: The Lego Group: Publish Or Protect?
Case analysis on "The LEGO Group: Publish or Protect?"
Introduction
The LEGO Group, as the third largest toy manufacturer worldwide, has long been popular and well respected for its building system which employed
interlocking bricks using a stud–and–tube coupling system. In order to keep up with the continuing huge demand of strong volume growth of such
products, considerably high precision manufacturing process with decreased lead time and cost deem necessary for driving the company success.
Concept Center engineers had come up with significant innovations on improving both the speed and precision of their manufacturing processes such
as plastic injection molding process which has boosted productivity and output greatly. Hence, it is of upmost important to protect such inventions, as
core competences, sufficiently so as to allow the company to utilize them to the full. Several protection mechanisms, e.g. patent, trade secrets,
publication, etc., have been discussed and considered by top management of the LEGO Group.
The present paper aims at identifying pros and cons of each of the protection mechanisms and recommending the most suitable methods for the LEGO
Group and at the same time enable it to enjoy its freedom to operate.
Protection Need ... Show more content on Helpwriting.net ...
On one hand, partnering with such supplier has offered the company the greatest freedom to operate. One the other hand, technological spillover and
inventions came up from the developmental stage are also likely to occur. The worst case is that competitor might protect those inventions which
prevent the LEGO Group form using their own innovation. Protection of those inventions is deemed necessary to the growth of the
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Advanced Topics in Patent Law
The Patent Reform Act
INTRODUCTION
The USPTO has been unable to keep up with its workload, resulting in major delays. There have also been questions about patent quality and
increased litigation. The last time the patent system was updated was more than 50 years ago. Since then, there have been major improvements in
science and technology. Recent Supreme Court decisions have made it clear that it has been easy for questionable patents to be obtained and difficult
to challenge them. However, it is not up to the courts to change the law, this is a task for Congress. As Senator Leahy has stated, "[if] we are to
maintain our position at the forefront of the global economy and continue to lead the world in innovation and production, we ... Show more content on
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This is because small patent holders are obtaining patents for products that they do not sell or manufacture, wait for a large company to infringe, and
then demand a high royalty to continue to make the patented product. These small patent holders are disparagingly called "patent trolls." The
Coalition for Patent Fairness agreed with Supreme Court Justice Kennedy in his concurring opinion in eBay Inc v. MercExchange, L.L.C., 126 S. Ct.
1837 (2006) which noted that, "An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead,
primarily for obtaining licensing fees." Employees at large firms are now spending a great deal of time in litigation rather than on innovation.
Some of the companies that are members of the Coalition for Patent Fairness include: Apple, Comcast, Dell, eBay, Hewlett–Packard, Intel, Microsoft,
Palm, Inc., and Time Warner. A number of other institutions and experts have also joined the coalition including the Federal Trade Commission and the
National Academy of Sciences.
2.Coalition for the 21st Century Patent Reform
The Coalition for the 21st Century Patent Reform ("the Coalition") is made up of more than 40 pharmaceutical and technology–based corporations.
Each of the members of the Coalition operates major research, development, and manufacturing facilities in the U.S. and sells their products abroad.
Members of the coalition believe
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The Study Of The Ua Developed Ni Doped Dlc
The UA developed Ni doped DLC solves the problem of compatibility of DLC coatings with lubricant additives for many applications including gears.
The coating makes gears much more durable and long lasting in addition to improving efficiency by reducing friction losses.
Now compatible with fully formulated lubricants, given the properties of DLC (please refer to technology description) our coating outperforms other
coating technologies such as nitride based coatings.
The coating can be produced with current production systems capable of producing regular type DLC coatings with no additional cost. Therefore, the
UA developed DLC has no inhibition, in terms of capital cost, to replace regular DLC coatings.
Current DLC coatings having issues ... Show more content on Helpwriting.net ...
The technology described above, can be utilized to solve the critical problems that are being faced by various components for different applications.
However, considering the addressable issues that are vital to the industry at this point and the primary reason for developing the coating at UA TESL
Laboratory, the gear market was chosen as the primary market for the coating. The gear market is a multifaceted market, where the initial identified
application was gears for automotive industry.
The massive demand for gears in automotive industry constitutes a major percentage of the global gear industry market. This was considered to be the
primary target market for this technology.
However, customer interviews revealed that there are some issues with the applicability of the coating technology to automotive industry considering
cost and production issues. Furthermore, it was understood that there is a huge potential in aerospace and renewable energy markets for this particular
technology, where cost and production issues are not a concern.
5.IP Analysis
A provisional patent for the described technology was filed with the concerned authority. The technology was developed keeping in mind the most
concerned or pressing problem that is being faced by the industry. The well–known DLC coating is very good in reducing friction and wear resistance
as well. However, when DLC was applied to the components where the
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Germany Company IPCom sued Apple infrining on patented...
Germany Company IPCom sued Apple infrining on patented technology that gave emergency calls priority on mobile networks. Patent and copyrights
provide a set of rights granted by government to an inventor or assignee for period time in exchange for detailed public disclosure of an invention.It
enables people to earn regonition or financial benefits from what they invent or create. No party or group can take advantage of the invention for own
interest without the permission of inventor. In this case, IPCom accused Apple violate itspatent and Copyrights (technology solutions on smartphone)
for the emergency call application on Iphone without agreement between two parties.
Intellectual property rights have three major types: Copyrights, ... Show more content on Helpwriting.net ...
A good example will like a VIP service. For those who do not have VIP, they are prevented to get VIP service.
In Oligopoly market, few firms share the market power, produce different products with various advertising, has substaintial barriers to entry, and they
are interdependent and has the the potential for long run economic profits. In the smartphone market, we know the software installed in phone has very
high fixt cost, since software and smartphone are bundled, so it will have high barrier to entry the smartphoen market.Currently in the smartphone
oligopoly market, there are some dominant firms like Apple and Samsung.If Samsung comes up new products or new software application, it will affact
other firms operating profit or otherwise. This market is very competitive and the market share could change easily. Suppose there is one firm maintian
major market share, the firm gains the market power to set higher smartphone price to maximize the profit. Innovation is the key in the market. In order
to gain more market power and compete with other firms, those companies pay a lot attention on patent of new inventions. They purchased patents, do
patent licensing, or corporated with other technology companies to get the first hand information of technology. Rencently, we can see a lot patent
cased brought into the court. As the competition goes firerce, companies realize that they can use the patent laws to prevent other
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In Jordan The Hip Speak Arabibni Analysis
While a variety of rhetorical devices–specifics, parallel structure, subordinate transition–can aid in creating a remarkable academic essay, an academic
essay style should be coupled with well–developed content. A system to develop analytic thinking, the Aristotelian Topics of Invention are the "pigeon
holes in which arguments are stored" as Cicero describes them. Because of the Topics of Invention, the author's claim develops into a full–length
discussion that helps the readers in having a comprehensive, specified understanding of the discussion. The variety of 'topoi' enables the writer to lay
out the case for his argument. As we critique Ibon Villelabeitia's "In Jordan, the Hip Speak Arabizi", the effect of the 'topoi' is clear. In contrast
... Show
more content on Helpwriting.net ...
Because of his tactics, he fundamentally surpasses Fordham's mediocre writing style which can be viewed in the following example. Villelabeitia states,
"The banter is a form of speech that mixes Arabic with English. It is widely used among Jordan's Western–educated elites, drawing ire from language
purists and exposing a widening social and economic gap in the small kingdom." This sentence displays the clearness of the author's ideas expressed
through his strong writing style as the reader finds himself receiving the author's thoughts clearly, making Villelabeitia goal achieved easily. Due to the
clarity of the author's meaning, his claims are furthermore strengthened and
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Case 2 Research in Motion Essay
In this case we will be talking about the company RIM (Research in Motion) and some of the Challenges they faced to protect their Intellectual
Property. Research in Motion is best known as the developer of the Blackberry smartphone. Research in Motion was involved on several Patent
Litigation with the different competitors. On 1999 Glenayre Technologies (formerly known as Glenayre Electonics) filed a patent infringement suit
against RIM claiming that the Inter@ctive pager line used Glenayre's power–generation from dual battery process. This litigation caused a delay on
RIM's contract renewal with the BellSouth company and also their quarterly earnings report came with lower than expected results. In order to get new
customers RIM... Show more content on Helpwriting.net ...
NPT attorneys discovered that the SAM version they were showing was not the vintage version of it was an updated version which was released after
NTP's invention. This case was so big that almost cause a shutdown to Blackberry systems on the US. In March 2005 both companies tried to reach
an agreement that will make RIM to pay $450 million dollars, the negotiations broke down due to other issues. The US Department of Defense
filed a brief to allow RIM's service to be allowed on the US due to the large number of users on the United States Federal Government. Later on
2006 they finally agreed to a settlement and RIM agreed to pay a sum of $612 million USD. On July 2003, while still involved on the NTP and
Good Technology lawsuits, they also filed a suit against Xerox filed as a response to some patent discussions made by Xerox that could have affected
RIM. Almost two months after the agreement settled with NTP,Visto sued RIM for infringement of four patents. And recently on January 2010
Motorola requested to ban all of the Blackberry phones from being imported into the US and filed a lawsuit claiming that they have infringed on
multiple patent. RIM already won a case to Motorola on the UK but they are still fighting with Motorola about this in the US. This case
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Software Patent Law Essay
Software Patent Law
A patent can be defined as "a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a
specified number of years." 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents
are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th
century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued
in 1449 for a method of making stained glass.2
Since those medieval beginnings, patent law has grown and ... Show more content on Helpwriting.net ...
How do U.S. and European policies affect the global perspective on patenting software?
In the sections that follow, the policies of the U.S. and Europe will be analyzed to see how these ethical questions may be answered.
Background Information: Governing Bodies
Up until recent times, the organization of the global patent system has simply been that each country has their own patent laws and offices. These
offices deal with their own domestic patent filings, as well as those of foreigners seeking protection against infringement in that particular country.
Manufacturers have come to embrace the idea of distributing their goods to the world market; so as globalization grows, so does the need for
international patents.
In 1973, thirteen European countries signed the European Patent Convention (EPC), with the objective of developing a uniform patent system (the
European Patent Organisation) in order to make patent protection in Europe easier and less costly. Four years later, the European Patent Office (EPO)
was founded as the executive branch of the Organisation. The EPO currently has twenty–seven member countries, and is still expecting more to join.
Though the EPO does include all fifteen members of the European Union (EU), it is important to note that the EPO is not governed by the EU.3 Each
country still maintains its own patent office and applies its own laws. However, since the goal of the EPO is to harmonize
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Patent Protection Research Paper
How Much Does it Cost to Apply for a Patent?
If you want to find out how much it costs to apply for a patent, you'll want to first do your research to ascertain the costs associated with applying for
patent protection.
A patent is an exclusive right granted to you by the United States Patent and
Trademark Office ("USPTO") for a specified period of time, which protects against others using your idea or invention.
Idea vs. Invention
You may have a great idea, but not a concrete invention. Remember that it is very difficult, if not impossible, to have an idea patented. Therefore, you
must take your idea a step further by actually implementing a product from your new and exciting idea. Most people who have an invention fail to
seek for patent ... Show more content on Helpwriting.net ...
You'll want to ensure that you take all the necessary steps before incurring such costly fees. Some considerations including the following:
п‚· Call a Patent Attorney. You'll want to discuss your invention with a qualified licensed patent attorney. An attorney can better explain the process
itself, costs associated with filing for protection, and any other challenges that you may face along the way. Further, if you choose to hire an attorney to
file for patent protection for you, you'll be rest assured knowing that you could have a better chance of obtaining protection while not forgetting to
complete any important steps along the way.
п‚· Think about your invention. Is it simple? Or is it complex in that there are smaller parts to the invention. Remember that the simpler your invention
is, the quicker the process will be along with fewer fees. The more complex your invention is, the longer and more expensive the patent process will
be. If your invention is rather complex, it may be best to hire a qualified patent attorney who can assist you throughout the process.
General Patent Fees
п‚· If you operate a small business, there is a filing fee of at least $730.
п‚· For micro entities, the cost will be roughly $400.
п‚· If you choose to have your invention drawn by a professional, the fee could be between $300–$500 depending on the type of drawing as well as the
length of time it could take to prepare the illustration.
п‚· If you choose to hire a patent attorney to assist
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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
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What Is Science For Essay
What is Science for Essay – Who Owns Science?
Intellectual Property is not a tangible object that can be physically owned. However, it is an important issue in todays society. Many would feel the
ownership of intellectual property is highly justified, whilst others would argue that intellectual property should not be owned. Such a controversial
topic clearly needs to be examined carefully. There are 4 types of intellectual property: patents, copyright, trademarks and trade secrets, each with their
own flaws and advantages. However, this essay with mainly focus on the ethics of patents.
A patent is a form of intellectual property that can be granted for either a process or a product. It provides the patent holder with exclusive rights to ...
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The application form is extensive, including descriptions of the invention, claims of the scope of the patent and an abstract. The UK intellectual
property office then carry out preliminary examinations to ensure that all parts of the application are correct. This is followed by a substantive
examination to test the novelty, inventiveness and industrial applicability of the patent subject. If all of these conditions are satisfied, the patent is then
granted. The patent holder then has control over use, manufacture and sale of the product for the following 20 years. If another company breaks the
patent, they could be subjected to legal action and have to reimburse the holder of the parent for damages.
There is some controversy over what is patentable material and what isn't. Gene patents for example are a huge area of discussion. Currently, about
20% of genes are under some form of patent claim. Many question whether human life should be commercialised, arguing that the human genome is a
product and therefore property of nature, not any individual or company. Compositions of matter are patent eligible, but products of nature are not. For
a product to a be a novel invention, and therefore patentable, the process that distinguishes it from the natural form must be transformative. Gene
patents do not claim parts of our chromosomes, but isolated copies of DNA with an equivalent sequence. The processing and modification of the DNA
in the
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The Doctrine Of Equivalents : A Legal Rule
Project Report
Topic
"Doctrine of Equivalents"
Submitted By–
Arjit Benjamin
Roll No. –07
LL.B 3 yrs
6th Semester
Submitted to–
Mr. Mayank Kapila
Amity Law School, Noida
Introduction
The doctrine of equivalents is a legal rule in most of the world 's patent systems that allows a court to hold a party liable for patent infringement even
though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
At the very outset, before discussing the doctrine of equivalents, it is necessary to understand the backdrop of the legal framework surrounding patent
infringements across different jurisdictions. It is prudent to note that the patent laws of all countries specify certain minimum conditions, which need
to be fulfilled, prior to the grant of the patent by the concerned authority. As far as India is concerned, the law governing issue of patents and claims as
regards their infringement is the Patents Act, 1970.
Since the doctrine of equivalents is primarily concerned with infringement, the author deems it necessary to discuss the nuances surrounding
infringement in some detail at this juncture. Along with the application for patents, a written description of the invention is provided to the authority
concerned. Along with the specification, under Section 10, the applicant should also provide the patent office with one or more claims that distinctly
describe an invention.
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Case Analysis : В§ 101
В§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 В§101 and the Court's jurisprudence prior to the enactment of В§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 В§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 В§101 framework in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. In
... Get more on HelpWriting.net ...

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Weasel Words-Sales And Advertising

  • 1. Weasel Words-Sales and Advertising isingWhy Ads Work Suite 301 641 W. Lake Street Chicago, IL 60661 P 80A0.634.4941 F 800.998.0854 info@learningseed.com www.learningseed.com Why Ads Work Page i of 8 Why Ads Work Legal Niceties The Video Copyright © 1996 Learning Seed. This video program is protected under U.S. copyright law. No part of this video may be reproduced or transmitted by any means, electronic or mechanical, without the written permission of the Publisher, except where permitted by law. This Teaching Guide Copyright © 1996 Learning Seed. This teaching guide is copyrighted according to the terms of the Creative Commons non–commercial license (http://creativecommons.org/licenses/by–nc/2.5/). It may be reproduced, in its part or its... Show more content on Helpwriting.net ... But that's precisely why they're so powerful." Why do we "tune out" weasel words? Perhaps listening carefully to the meaning of so many thousands of ads is simply mind numbing. We don't know for sure, but the video proposes that we tune out these words because we don't want to hear them. We hear what we hope to hear. In other words, if an ad claims "save up to 40%" we hear "save 40%" because we want to save money. The "save 40%" gives us a justification, a reason for going to the store. We justify the shopping trip because it is a chance to "save" money rather than spend it. We hear "prevents cavities" instead of "helps prevent..." because we like to believe that using the toothpaste will indeed save some painful dental drilling. We do not want to hear a more honest "This toothpaste is just like a dozen other brands. Brushing and not the toothpaste does most of the cavity prevention." The video explains "Advertising language is a bit like a magic trick. Magic works because audiences want to be amazed – they want to see things disappear, or be cut up and magically restored. That's why advertising works –consumers want to believe a product has power. They want the pieces to be made whole again – whether that thing is a kitchen floor or their own bodies. Advertising usually tells the truth, but consumers lie to themselves." Are these small "stealth words" the most persuasive aspect of today's advertising? No, image is primary today. ... Get more on HelpWriting.net ...
  • 2. Bibliography On Intellectual Property Rights Contents Page Overview of intellectual property rights and how it relates to Computing3 Introduction3 What are Intellectual rights?3 What is Patent?4 What is copyright?4 Why patent over copyright5 Patentability for and against5 Work arounds6 Overview of intellectual property rights and how it relates to Computing Introduction An ongoing debate is rife in the world of law as to whether computing has its own law. However this debate had risen to both national and international levels before it was quelled by individuals such as Judge Frank Easterbrook, who stated in a ground–breaking paper that there is no such thing as computer law (Easterbrook, 1996). What is commonly called computer law actually refers to a myriad of connected concepts that exist in current case law, and said laws are subsequently applied to the claiming of intellectual rights for technologies of computer software, e–mail, security theorems and the Internet and other such networks. An offshoot of this debate has been further calls for clarification as to the specific nature of intellectual protection of software, an example of which is the EU directive draft on the Patentability of software and other computer–based inventions. The draft is being discussed in order to unify the interpretation of the national patentability requirements and despite it being rejected in 2005, the very existence of this draft highlights the complex nature that enshrouds how software is perceived and subsequently ... Get more on HelpWriting.net ...
  • 3. 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
  • 4. ... Get more on HelpWriting.net ...
  • 5. Biotechnology in Malysia : Medicinal Patent Essay In Malaysia, pharmaceutical inventions in the form of products or process can be protected as patents upon meeting the patentability requirement and do not fall under statutory exceptions for non–patentable subject matters. The requirements for patentability of pharmaceutical inventions are that the invention must be new, involves an inventive step and it is industrially applicable. According to Biotechnology In Malaysia (2008), granted patents in the healthcare field are showing an increasing trend by scoring 121 patents amongst 296 patents in total. These patents are under legislation of the Patents Act 1983 in Malaysia. This biological patent can be referring to the gene sequences patent (Ramachandran, 2009). A patent with MY140009A,... Show more content on Helpwriting.net ... Bhd instead. However, Universiti Putra Malaysia owns an intellectual property in medicine. An example is antioxidant rich nutraceutical formulation with application number PI20050102. This neutraceutical product compose of three antioxidants; tocopherols, tocotrienols and gamma oryzanol that improve antioxidant status and reducing the risk of coronary heart disease. The Patents Act(established on 1st August, 2001) provides thedrug patent owner certain exclusive rights in respect of its patent within twenty years from the filing date of the application regarding the patent applied (Lim &Ooi, 2006). The merit of drug discovery can reduced the risk of heart disease which is common in Malaysia. The drug which haspatented prevents generic drug competition. Patents provide legal protection for inventors in order to prevent other people from making use of their ideas. Therefore, only the pharmaceutical company that developed the drug is allowed to sell it. Drug patent gives impact in the economy by that the pharmaceutical companies often maintain that patent protection for drugs ensures that they are able to dominate the market. They do this by investlots of money into the development of new products, by making sure that they will be able to take advantage of the sales.Patent protection for pharmaceutical can help to ... Get more on HelpWriting.net ...
  • 6. An Introduction to the Law and Economics of Intellectual... American Economic Association An Introduction to the Law and Economics of Intellectual Property Author(s): Stanley M. Besen and Leo J. Raskind Reviewed work(s): Source: The Journal of Economic Perspectives, Vol. 5, No. 1 (Winter, 1991), pp. 3 –27 Published by: American Economic Association Stable URL: http:/ /www.jstor.org/stable/1942699 . Accessed: 24/11/2011 08:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies /terms.jsp JSTOR is a not–for–profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase ... Show more content on Helpwriting.net ... It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the economics of intellectual property. Suzanne Scotchmer analyzes the complex effects ofpatent protection when innovation is cumulative. Rather than analyzing situations in which several firms vie to develop the same innovation–the approach of the "patent race" literature–her analysis examines circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research and development that takes place. In the final paper, David ... Get more on HelpWriting.net ...
  • 7. Harmonization Of International Patent Law Today, business often crosses the boundaries and thus inventors are required to protect their inventions in the countries where they wish to operate. Patent systems of different countries are different and this creates much problem. They are often very reluctant to do business in countries where protection is very less or almost nil for their invention. Thus, neither inventor nor the countries enjoy the benefit of patent. If we examine rules of different countries then many differences can be found but at the same time many similarities can also be traced out. However, by effort and cooperation many of these differences can be minimized. Harmonization is considered as a tool for minimizing these differences of patent system of different countries. The term 'harmonization' can be defined in many ways. In its narrow sense, it can be defined as, "countries negotiating agreement to follow the same substantive regulation". Hansson has given a broader definition of harmonization as "the coordination of economic policy actions and measures in order to reduce international differences in such actions." Harmonization of international patent law means creation of uniform patent laws around the world. It can be said that it means the patent rules which are streamlined and made equal in all national and regional patent system. Thus, we can say that the term harmonization is a very broad concept and includes every measure to bring patent system of different countries together so ... Get more on HelpWriting.net ...
  • 8. Paragraph 8 Of The U.s. Constitution Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (U.S. Const. art. I, В§ 8). Apatent provides the inventor with an exclusive right to "use, license or sell and invention," (U.S. Const. art. I, В§ 8), as such the product, service, process or design becomes the personal property of the inventor(s). The Patent Act of 1793 redefined the subject of a patent that remains in effect today. The Act reads, "That when any person or persons, being a citizen or citizens of the United States, shall ... Show more content on Helpwriting.net ... Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus of the proceeding text and justification for patent reform in the United States. Patent Infringement Litigation. Nonpracticing companies are firms that do not create inventions, rather buy patents in order to sell licenses to other organizations interested in utilizing or commercializing the invention. Nonproducing companies like Bellevue, Washington–based Intellectual Ventures, argue that licensing of patent rights supports innovation, as they are able to broker access to companies and individuals that have the capacity to do something with the intellectual property (e.g. develop or apply the technology in the marketplace). Nonproducing companies aggressively defend their patents by filing patent infringement lawsuits in federal court against companies or groups of companies that that they believe have infringed on their patents. The focus on litigation is in fact a core component of these firms ... Get more on HelpWriting.net ...
  • 9. Non Discriminatory Requirement Policy Statement Essay Non–Obviousness Requirement Policy Statement Name Abdulrahman Alfhiadi Non– Obviousness Requirement Policy Statement 1.0 General Policy Statement In essence, the Department of Technology acknowledges that people are still pursuing new ideas, discoveries, and inventions, which are essential for commercial application, problem–solving, and of general importance to the society. It is the interest of the state to encourage the development of new technological ideas and discoveries that are a product of individual or collective research. On this note, it is imperative to acknowledge and accredit the innovator by offering the appropriate patent protection. However, in pursuit of this objective, there is a need of reducing the inventions to practical applications so that adequate recognition and the incentive is accorded to the appropriate inventors, which will enable them to share the rightful proceeds from their efforts. Accordingly, the policy published herewith is to be established to out a cutline on the patentable and distinct inventions. In this line, it becomes evident that the role of the patenting authority is not only to collect the costs of the patent program but also to support useful inventions. 1.2 Patent Policy Objectives The primary goal of the Patent Policy includes the following: 1.To promote innovative research, creative technology development, encourage the spirit of inquiry for the realization of new ideas, inventions, and furthering ... Get more on HelpWriting.net ...
  • 10. The Cost Of Clinical Trials Expenses: The cost of clinical trials may cause Gilead earnings to fluctuate, which could adversely affect stock prices. Clinical trials are required to obtain regulatory approval of Gilead's products, and clinical trials are generally required to be conducted after regulatory approval. Clinical trials are all very expensive and it is difficult to control or accurately predict the timing or amount of these expenses. In addition, the FDA and/or other regulatory agencies sometimes require more clinical testing than may have been originally planned. Unplanned spending on tests and clinical trials that may be necessary to further develop other product candidates may cause operational outcomes to fluctuate and result volatility in Gilead's stock prices. Relationships: Gilead also depends on its relationships with other companies for product development and subsequent marketing and sales. Failure of these relationships, poor performance by those companies, or even disputes could negatively impact Gilead's operations. Gilead relies on a number of collaborative relationships with other pharmaceutical companies for marketing and sales performance in certain geographic areas that include the United States, Europe and Canada, as well as territories outside of the United States. In some countries, Gilead relies on international distributors for sales of their products. Some relationships also involve the clinical development of partner products. Reliance on these relationships presents ... Get more on HelpWriting.net ...
  • 11. 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
  • 12. 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 ... Get more on HelpWriting.net ...
  • 13. Case Study: Permanent Disability Claim This file has been transferred to me for further defense handling. Feel free to contact me if you have any questions or comments regarding these claims. It is my practice to return all communications within 24 hours, if possible. I look forward to working with you as we bring these claims to an equitable conclusion in the near future. At this time, we are set for a Mandatory Settlement Conference on May 15, 2017 at 1:30 pm PST in front of the Honorable Judge Richard Ellis. Background I note an authority up to $49,500.00 (less any and all permanent disability benefit advances) has been extended to us on November 15, 2016. The applicant's attorney was unresponsive to our settlement attempt, thus we filed the Declaration of Readiness to... Show more content on Helpwriting.net ... Dr. Lundeen indicated the applicant does not need any injections or surgery. Dr. Previte also indicated the applicant does not need further surgery with respect to her bilateral wrists. Overall, I believe the authority up to $49,500.00 should be more than enough to settle all these claims, even with the inclusion of the 132(a) claims. Plan of Action I will appear on your behalf at the MSC and hopefully the parties can come to an agreement. Meanwhile, I will try and contact the applicant's attorney to solicit a demand. I understand we have previously requested an updated printout of benefits from you. I do not see it in our file. Please kindly provide me with another updated printout of benefits for the upcoming MSC. If you have any questions or comments regarding the above, please do not hesitate to contact me. Thank you very much for allowing us to handle this file on your behalf. Again, I look forward to working with you on these ... Get more on HelpWriting.net ...
  • 14. Harwood Medical Problem Statement Harwood Medical Instruments PLC (HMI) manufactures specialty medical instruments. The incentive compensation scheme was based solely on operating profit and did not take into account any other key performance indicators. HMI instituted a new bonus plan that takes into an account a more balanced scorecard approach and is based on operating profit and other key performance indicators. The problem in this case is whether the new bonus system is successful and whether it is the most appropriate incentive program for the company. Case Data Harwood Medical Instruments PLC is based outside Birmingham, England and manufactures specialty medical instruments. The company is organized into nine separate divisions each run by ... Show more content on Helpwriting.net ... Scrap and Rework CostReduced by excess of scrap and rework costs over 1% of operating profit. Customer Satisfaction RatingsReduced by $5,000 if average customer satisfaction ratings were below 90% What if final amount is negativeNo bonus is paid and it is not carried forward Exhibit 3 – Division Managers Bonus for half–year period under Alternative 3 Base Bonus1% of operating profits On Time DeliveriesIncreased by $20,000 if over 97% of deliveries are on time. Increased by $10,000 if 95% to 97% of deliveries are on time. No increase if on time deliveries are less than 95% Sales ReturnsIncreased by $10,000 if sales returns are less than or equal to 1% of sales. Decreased by 50% of the excess of sales returns over 1% of sales Patent ApplicationIncreased by $2,000 for every patent application filed. Scrap and Rework CostReduced by excess of scrap and rework costs over 1% of operating profit. Customer Satisfaction RatingsIncreased by $20,000 if average customer satisfaction ratings are above 95%. Increased by $10,000 if average customer satisfaction rating is above 90%. Reduced by $5,000 if average customer satisfaction ratings were below 90% Special Indicator determined and specific for individual divisions. $20,000 if objective is met. For the Surgical Instruments Division the agreed indicator is 95% customer satisfaction. For the Ultrasound Diagnostic Division the
  • 15. ... Get more on HelpWriting.net ...
  • 16. The Application Of The Patent System Intellectual Property Midterm Question #2 The core purpose of the patent system is to incentivize innovation but the current system often has the opposite effect. Patents give inventors monopolies over their inventions for a period of time in order to allow inventors to recoup the costs of research and development ("R&D") and to generate profits that reward inventors' efforts, encouraging future investment. In exchange, patentees dedicate their inventions to the public domain once their patents expire. The traditional model of patent licensing, whereby a company pays a patent owner to license an invention that a company legitimately uses has been appropriated by non–practicing entities ("patent trolls") and aggressive patent holders that initiate frivolous lawsuits. Patent trolls often purchase patents from bankrupt companies, for the sole purpose of extorting licensing revenues from organizations that are actually creating new products. Patent examiners increasingly grant overly broad, obvious, and non–novel patents particularly in high–technology industries. The massive increase in U.S. patent awards in the past few decades has not been associated with more rapid economic growth, largely because many of the patents issued are for advances of marginal value, which slows high–quality development and rollout by enabling patent trolling. Some companies aggressively assert their patent portfolios to prevent competitors from entering the market. Small companies are ... Get more on HelpWriting.net ...
  • 17. International Patent International Patent: Everything You Need to Know An international patent, also referred to a PCT patent application, is a request that your invention be patented outside of the United States. It is important to note that there is really no such thing as an "international patent." Rather, if you want to obtain patent protection in countries outside of the United States, you'll file a PCT patent application. PCT, also referred to as Patent Cooperation Treaty, is an international patent treaty that provides a procedure for filing for international protection. The treaty helps those wanting to seek patent protection in other countries as it delays the process for up to 30 months (2 and a half years) so that inventors can further produce their ... Show more content on Helpwriting.net ... The application, however, may not automatically provide you with protection in each of these countries. The PCT application can only be used as a reservation for submitting your patent to those specific countries, allowing you to delay the process for up to 2 and a half years so that you can make a determination as to which countries to seek protection in. Only after that point is the PCT application converted into a formal patent application. In simpler terms, the PCT process includes two phases: [1] filing the international application and [2] choosing which countries to apply for patent protection, and converting the PCT application into an actual patent application within each specific country you wish to seek protection in. PCT Timeline As previously noted, the main benefit of the PCT is to defer your international patent requests for a period of up to 2 and a half years. Therefore, when you want to file a PCT, you'll visit the WIPO website and gather all necessary documentation needed for filing. There are still steps and guidelines for you to abide by for the PCT application itself. Once you have filed your application, it'll be reviewed by a patent examiner who will then draft a written report and opinion indicating the likelihood of you obtaining patent protection in each country you identified in your application. For example, if, in your application, you indicated that ... Get more on HelpWriting.net ...
  • 18. Taking a Look at SleppSolutions III. PRODUCTS SleppSolutions primary task is creating fitness equipment for those faced with physically challenged people. Using SleppSolutions' products, those faced with a physical challenge will be able to exercise in the comfort and privacy of their home. The products will be comfortable, strong, secure, and garmented to deliver results. There are many significant benefits in using SleppSolutions' products even without a physical challenge. SleppSolutions is offering an alternative to traditional fitness equipment and routines that are stressful to the body. Using our products both enable exercise for those with challenges such as arthritis, but also minimize the risk of developing arthritis for those that don't have it. Hands Free Fitness Unlike traditional fitness products, Free Hand Fitness can remove the weight from the hands and still offer a great exercise using body weight as resistance. Free Hand Fitness offers: Customizable workouts based on where the user places their feet with respect to the door Isolation of muscle groups by removing the forearm from the workout A comfortable alternative to traditional equipment that does not cause stress to the wrist A more reasonable price compared to competitors. Instructional workout videos will be developed in the future for Free Hand Fitness Patents and Trademarks SleppSolutions has the Free Hand Fitness product protected under Provisional Patent Application number 619/08213 until ... Get more on HelpWriting.net ...
  • 19. Big Pharma Medical Case The United States Patent and Trademark Office is overloaded with thousands of applications a year, given an applicant can even get their patent filed. In the pharmaceutical industry, the patent process is in dire need of being reformed. A typical patent last twenty years and the process is a little different when it comes to manufacturing drugs compared to other industries. Partly because in the medical field research is more or less openly shared. However, on the pharmaceutical side the more concealed the better the chances are to get good profitable returns. During the beginning stages of getting a drug to market the drug must be tested and adhere to the Food and Drug Administration's (FDA) guidelines. An FDA approved drug means that the ... Show more content on Helpwriting.net ... The sad truth is that without negotiation power the medical industry cannot change the drug price war. Dr. Jeffery Sachs was interviewed on MSNBC's Morning Joe. In that interview Sachs addresses, why Medicare and others cannot fight for fair drug cost. Sachs says they are not allowed to negotiate because there is a clause that lobbyist have in legislation saying they cannot. (Sachs) So, one solution would be to go ahead and allow the government to lobby for equal drug prices that other countries benefit from. Also in that interview Sachs says that Big Pharma (the large pharmaceutical companies) provide funds for the congressional races. By this they control most of what gets put into laws anyway. The drug industry is not a free market and therefore drug companies can charge what they want. Other countries cannot sustain the drug pricing fiasco the United States has. Their economy is not strong enough and lives are taken because of it. That means patients have no say and very little choice. In an article in PhRMA by Nicole Longo for The Catalyst sheds light on proposed changes to Medicare Part B. A proposal that the Medicare Payment Advisory Commission (MedPAC) voted in favor of. The solution was to create the "drug value program" (Longo) essentially a newer version of the competitive acquisition program. The effort is to make Part B have an edge over competitors. Longo points out very serious flaws in the program including but not limited to "a binding arbitration process to set prices for new drugs, government price controls and for the first time, imposing access restrictions for patients." (Longo) The program as is would actually limit Medicare recipients with major illnesses that need specialty ... Get more on HelpWriting.net ...
  • 20. Technology Law Case Study As a leading specialist chemical patent lawyer, my role is to write and prosecute your patent application and have it licensed by the federal government. A patent is a description of an intellectual idea and is used to protect different kinds of inventions as long as they are considered new and useful. At Technology Law, PLLC I can draw up most agreements dealing with the use of technology. They include non –disclosure agreements (NDAs), as well as consulting, research, licensing, patent purchase, and manufacturing agreements. Affiliate services provided include litigation and opposition. I charge by the hour, payable in monthly instalments, although negotiated fixed fees are possible. Trademarks protect the identifying marks and names of ... Show more content on Helpwriting.net ... My goal is to make sure that clients who have an acceptable idea or invention that deserves to be protected should have that idea patented by the federal government. I have the expertise and knowledge to take you through the entire process step by step and achieve the best result for you. Acquiring patents for inventions in the chemical and pharmaceutical industry is a major part of my work here at Technology Law, PLLC. Chemical patents differ from other types of patent because of the high research costs involved and the risk in bringing new drugs on to the market. It is specialized work and I have years of experience in doing it. Patent protection lasts for 20 years from the date of its first filing, and in the US patent rights are enforced by litigation in federal district courts. Patent prosecution is the communication between my clients as applicants and me as their representative in getting the patent licensed. Once an agreement is in place I will ask for the invention to be emailed to me and check that nothing like it already exists. I will then write an application and file it with the patent office. Prosecution could take up to a year if it is a mechanical patent, or several years in the case of a chemical ... Get more on HelpWriting.net ...
  • 21. 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 ... Get more on HelpWriting.net ...
  • 22. Global E Retailer Of Amazon In 2013, global e–retailer Amazon made over 74 billion dollars in sales ("Amazon Income") . In addition to its primary e–retailing function, the company owns many subsidiaries, including companies like Audible UK and IMDB ("Subsidiaries"). Jeff Bezos, CEO of Amazon, defines the company's core values as as "customer centricity, putting the customer at the center of everything we do, invention. We like to pioneer, we like to explore, we like to go down dark alleys and see what's on the other side" ("Amazon"). Since its inception in 1994, Amazon has led the e–commerce market, continually expanding and innovating to become the corporate behemoth it is today ("About Amazon"). The development of new technologies that set trends in Consumer Behavior has been critical to its success; many of these developments build on its pioneering software patent––One–Click. Amazon expanded on its original online retailing to include various services, including Amazon Prime and Amazon Instant Video. However, one particular feature marked the beginning of a new trend in consumer behavior. Amazon One–Click, the technology behind Amazon's simple one–click online ordering, set the trend of simple online purchasing during the advent of the period. It works by using cookies to identify returning online shoppers, allowing shoppers to bypass the online checkout process (GrГ©goire 33). Although while undergoing testing, One–Click fared poorly with consumers (Smith 105), Amazon launched the feature in 1997 ... Get more on HelpWriting.net ...
  • 23. Software Patents and Piracy in China Essay Software Patents and Piracy in China Abstract Software patents raise a lot of issues during the development of IT industry. As a legal action in protecting the ownership and intellectual property, software patents are applied to a wide range of codes, from source code, processes to OS, etc. It "provide exclusive rights to the patent holder to use and profit from the product or process in question." 1 This paper will discuss the general background and effects of software patents. After presenting its current law and situation in China and US, the Microsoft vs. Ju Ren Co. case shows the difference between these two regions. It suggests that enforcing intellectual property still has a long way to go in China. From ethical point of ... Show more content on Helpwriting.net ... Then a patent search will be performed through patent database. After passing the evaluation of the commercial potential of this invention, it will be patented. This patent will then be legally protected by US law. If the patent process is filed in other countries, for example, China, the ownership should also be protected by the local Chinese government. China has achieved great success in economic reform in the last ten years. The increasing foreign investment, especially in high–tech, has made China one of the biggest market for the sale and licensing of IPR products. During the period 1993 to 1997 alone, high–tech related foreign investments in China has reached a total of $185.8 billion.2 However, IPR protection in China is still way behind US. The most common problem is piracy. Software piracy refers to the illegal or unauthorized copying of software. In a sense it is ethical equivalent to pirates' attacking ships in public water. "The International Intellectual Property Alliance estimates that millions of pirated DVDs worth $160 million, and $47 million worth of fake CDs and cassettes were sold in China in 2001,"6 In this paper two cases will be analyzed in ethical and legal perspectives of patent and piracy. Case Study: Pirate CD salesman is arrested The case In Jiangsu Province, the southern part of China, it is not surprising to find pirate
  • 24. ... Get more on HelpWriting.net ...
  • 25. 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 ... Get more on HelpWriting.net ...
  • 26. Gene Sequencing And The Human Genome Project Gene sequencing is a method that helps us to read the genetic code and to compare normal genes with disease causing genes (Kratz, 2015). It is helpful to determine the precise order of the bases in a DNA strand, and mostly used for genetic variation or mutation that might lead to a development of a disease. This disease causing change can be a substitution, deletion or addition of a single base pair (National Human Genome Research Institute, 2014). Since the human genome project has completed its first draft in 2001, researchers are more keen to find out more about the human genome, the variability of the gene sequences amongst humans, and the relationship between the gene sequence variation to human health (Green et al., 2013). After a... Show more content on Helpwriting.net ... Patents are used to protect the gene sequence worldwide where the patent owner considers there will be a viable market in that area (Merz and Cho,2008).Patenting genes have become popular after the human genome was complete and became more a topic that people debated about (Caulfield and Gold, 2000). The patenting system in gene sequencing is important to discover new medicines and other advances in healthcare (Nuffield Council on Bioethics, 2002). The European Society of Human Genetics (ESHG) are looking for ways to develop the current patenting and licensing system in order to make the public handle the situation in a well manner, respect to the current legislation (European Journal of Human Genetics, 2008). Being quite a controversial topic there are a number of ethical issues that arise from the society which will be discussed below. Human dignity Patenting gene sequences has been a topic that has been debated and problematic for quite a while. One main issue that is discussed is human dignity. Thinking about patenting human genes can give the idea of owning the gene sequence. In fact a response from a lawyer would be that patenting is not exactly ownership. This statement is true but doesn't change the way people think about dignity. Many people still think that human genes are commodities. Even though patenting DNA reduces the risk of ... Get more on HelpWriting.net ...
  • 27. Case Study On System Requirement Modeling In this assignment I will be using assignment 2:1 case study to my system requirements. In this case study we learn about a company called URCovered, which is an auto insurance companies and they were developing a mobile application to improve their customer services and customer experience in their claims management department. To develop this mobile applications projects this will required a system requirement model, a requirement model, data process model, a DFD, data dictionary, object modelling and final a use case diagram System Requirement Modelling In the system requirement modelling this in be a fact gathering for information or fact finding, questions will be place to our customer such as surveys, face to face interviews so we can ... Get more on HelpWriting.net ...
  • 28. Case Analysis : ' Utility Patent Law ' Essay Utility Patent Xinyu.Zhang (Sirie) IT266 12/12/2016 Utility Patent Utility patent is the most well–known patent. It is belong to the protection of intellectual property. However, applying to it is a big challenge foe both money and time. Utility model is easier to apply, but it isn't recognized in the U.S. Because of the patent law is enacted by the country, so different countries have their own explanations. This paper will focuses on the U.S, Chinese patent law. What is patent? Patent is one way to protect intellectual property. The other ways that can protect intellectual property are through copyright and trade secret laws. These three laws protect distinct subjects. Copyright will protect the work with authors, such as arts or books. Trade secret will protect an organization's important information that are unknown by the public. Patent will protect inventions and it's certificated by United States Patent and Trademark Office (USPTO). Once the organization or the person has the patent, the patent's owner will have the monopoly for this subject and can sue the others "patent infringement" if they use or sell the invention without owner's permission. Even if someone is using the invention without previous known about the owner's invention, it's also not legal. Different patents have the different valid statutory period. After it's expired, the patent owner need to pay for the maintain fee in order to keep the patent. And the U.S patent is ... Get more on HelpWriting.net ...
  • 29. 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 ... Get more on HelpWriting.net ...
  • 30. The Idea And Features Of The Alarm Clock App : Wake Up Ul Introduction There are four main factors that we have to focus on this project: the idea and features of "Wake Up UL;" researching and advertising process; safety and liability, patenting, competition, and product design; and a financial plan. In the introduction about idea and features of our alarm clock app: Wake Up UL, we have to make an online survey through http://surveymonkey.com and receive fewer responses than we expected, causing inaccuracy in analyzing the demand and need of the product as well as the UL community's interest. Secondly, to make our product stand tall and look good in the current market of alarm clock apps, we need to create more powerful features that our app can offer such as multiple–choice questions, matching objects and remembering path–structure to turn the alarm off. Our app is a combination of features from separate current products, leading to potential copyright–conflicting issues. For our own, we only have ULL connected network where app users can download their classmates' question banks and use it. Last but not least, to catch users' attention, we have to come in with strong willingness and beneficial purposes of our app to serve the UL community. Our app serves the community not only as a usual but powerful alarm clock app that actually force users to wake up, but also as a new tool that can test users knowledge, build up their credits, build up their relationship, and strengthen our UL community. Catching users' attention is the ... Get more on HelpWriting.net ...
  • 31. Essay on Intellectual Property 1.Why is the market for intellectual property (IP) so illiquid and inefficient today? IP is becoming increasingly important in the world economy. This can be seen in the increase of patent application and granting. Contrary to the growing IP assets, the market for IP was still con–sidered small and illiquid. Obstacles hindering the uptake of the IP market are: High search and transaction costs for both sides, seller and buyer: There is no transparent mar–ket providing fair value estimates such as ebay.com where inventors or patent owners can look for a market for their IP rights. Further, standardized licensing deals do not exist: most IP trans–actions are based on customized deals and thus require long periods of negotiation and ... Show more content on Helpwriting.net ... Live auctions (e.g. Ocean Tomo) IP auctions are similar to live auctions including an auctioneer. The patents were sold to the high–est bidder if the reserve price was reached. Reve–nue was made through 1.fees charged for selling and bidding 2.buyer's/seller's premium for successfully closed transactionsпЂ«about 3 auctions a year since 2004 пЂ«$14.3 million revenue at last auction in 2010 пЂVery sensitive to economic changes: auction after financial crisis in 2009 only sold 7% of its lots (average sale–to–listing ration: 38%) d.Online IP platforms (e.g. Tynax) Companies offering the service of an online IP market designed to match buyer requirements with sellers' offerings. Revenue is achieved through commissions on completed transactions and registration fees in case of Yet2.com.пЂ«Tynax lists over 10.000 patents for sale пЂ«No acquisition of IP – solely mediator пЂ«Create transparency and reduce transaction costs to match buyers with patents пЂ«Revenue from commission range from $100.000 to $10 million e.Intellectual Property Exchange Interna–tional (IPXI) Independent company, created by Ocean Tomo to establish the first global exchange of IP thus trading contract rights in patents, trademarks and copyrights. ... Get more on HelpWriting.net ...
  • 32. Case Analysis: The Lego Group: Publish Or Protect? Case analysis on "The LEGO Group: Publish or Protect?" Introduction The LEGO Group, as the third largest toy manufacturer worldwide, has long been popular and well respected for its building system which employed interlocking bricks using a stud–and–tube coupling system. In order to keep up with the continuing huge demand of strong volume growth of such products, considerably high precision manufacturing process with decreased lead time and cost deem necessary for driving the company success. Concept Center engineers had come up with significant innovations on improving both the speed and precision of their manufacturing processes such as plastic injection molding process which has boosted productivity and output greatly. Hence, it is of upmost important to protect such inventions, as core competences, sufficiently so as to allow the company to utilize them to the full. Several protection mechanisms, e.g. patent, trade secrets, publication, etc., have been discussed and considered by top management of the LEGO Group. The present paper aims at identifying pros and cons of each of the protection mechanisms and recommending the most suitable methods for the LEGO Group and at the same time enable it to enjoy its freedom to operate. Protection Need ... Show more content on Helpwriting.net ... On one hand, partnering with such supplier has offered the company the greatest freedom to operate. One the other hand, technological spillover and inventions came up from the developmental stage are also likely to occur. The worst case is that competitor might protect those inventions which prevent the LEGO Group form using their own innovation. Protection of those inventions is deemed necessary to the growth of the ... Get more on HelpWriting.net ...
  • 33. Advanced Topics in Patent Law The Patent Reform Act INTRODUCTION The USPTO has been unable to keep up with its workload, resulting in major delays. There have also been questions about patent quality and increased litigation. The last time the patent system was updated was more than 50 years ago. Since then, there have been major improvements in science and technology. Recent Supreme Court decisions have made it clear that it has been easy for questionable patents to be obtained and difficult to challenge them. However, it is not up to the courts to change the law, this is a task for Congress. As Senator Leahy has stated, "[if] we are to maintain our position at the forefront of the global economy and continue to lead the world in innovation and production, we ... Show more content on Helpwriting.net ... This is because small patent holders are obtaining patents for products that they do not sell or manufacture, wait for a large company to infringe, and then demand a high royalty to continue to make the patented product. These small patent holders are disparagingly called "patent trolls." The Coalition for Patent Fairness agreed with Supreme Court Justice Kennedy in his concurring opinion in eBay Inc v. MercExchange, L.L.C., 126 S. Ct. 1837 (2006) which noted that, "An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees." Employees at large firms are now spending a great deal of time in litigation rather than on innovation. Some of the companies that are members of the Coalition for Patent Fairness include: Apple, Comcast, Dell, eBay, Hewlett–Packard, Intel, Microsoft, Palm, Inc., and Time Warner. A number of other institutions and experts have also joined the coalition including the Federal Trade Commission and the National Academy of Sciences. 2.Coalition for the 21st Century Patent Reform The Coalition for the 21st Century Patent Reform ("the Coalition") is made up of more than 40 pharmaceutical and technology–based corporations. Each of the members of the Coalition operates major research, development, and manufacturing facilities in the U.S. and sells their products abroad. Members of the coalition believe ... Get more on HelpWriting.net ...
  • 34. The Study Of The Ua Developed Ni Doped Dlc The UA developed Ni doped DLC solves the problem of compatibility of DLC coatings with lubricant additives for many applications including gears. The coating makes gears much more durable and long lasting in addition to improving efficiency by reducing friction losses. Now compatible with fully formulated lubricants, given the properties of DLC (please refer to technology description) our coating outperforms other coating technologies such as nitride based coatings. The coating can be produced with current production systems capable of producing regular type DLC coatings with no additional cost. Therefore, the UA developed DLC has no inhibition, in terms of capital cost, to replace regular DLC coatings. Current DLC coatings having issues ... Show more content on Helpwriting.net ... The technology described above, can be utilized to solve the critical problems that are being faced by various components for different applications. However, considering the addressable issues that are vital to the industry at this point and the primary reason for developing the coating at UA TESL Laboratory, the gear market was chosen as the primary market for the coating. The gear market is a multifaceted market, where the initial identified application was gears for automotive industry. The massive demand for gears in automotive industry constitutes a major percentage of the global gear industry market. This was considered to be the primary target market for this technology. However, customer interviews revealed that there are some issues with the applicability of the coating technology to automotive industry considering cost and production issues. Furthermore, it was understood that there is a huge potential in aerospace and renewable energy markets for this particular technology, where cost and production issues are not a concern. 5.IP Analysis A provisional patent for the described technology was filed with the concerned authority. The technology was developed keeping in mind the most concerned or pressing problem that is being faced by the industry. The well–known DLC coating is very good in reducing friction and wear resistance as well. However, when DLC was applied to the components where the ... Get more on HelpWriting.net ...
  • 35. Germany Company IPCom sued Apple infrining on patented... Germany Company IPCom sued Apple infrining on patented technology that gave emergency calls priority on mobile networks. Patent and copyrights provide a set of rights granted by government to an inventor or assignee for period time in exchange for detailed public disclosure of an invention.It enables people to earn regonition or financial benefits from what they invent or create. No party or group can take advantage of the invention for own interest without the permission of inventor. In this case, IPCom accused Apple violate itspatent and Copyrights (technology solutions on smartphone) for the emergency call application on Iphone without agreement between two parties. Intellectual property rights have three major types: Copyrights, ... Show more content on Helpwriting.net ... A good example will like a VIP service. For those who do not have VIP, they are prevented to get VIP service. In Oligopoly market, few firms share the market power, produce different products with various advertising, has substaintial barriers to entry, and they are interdependent and has the the potential for long run economic profits. In the smartphone market, we know the software installed in phone has very high fixt cost, since software and smartphone are bundled, so it will have high barrier to entry the smartphoen market.Currently in the smartphone oligopoly market, there are some dominant firms like Apple and Samsung.If Samsung comes up new products or new software application, it will affact other firms operating profit or otherwise. This market is very competitive and the market share could change easily. Suppose there is one firm maintian major market share, the firm gains the market power to set higher smartphone price to maximize the profit. Innovation is the key in the market. In order to gain more market power and compete with other firms, those companies pay a lot attention on patent of new inventions. They purchased patents, do patent licensing, or corporated with other technology companies to get the first hand information of technology. Rencently, we can see a lot patent cased brought into the court. As the competition goes firerce, companies realize that they can use the patent laws to prevent other ... Get more on HelpWriting.net ...
  • 36. In Jordan The Hip Speak Arabibni Analysis While a variety of rhetorical devices–specifics, parallel structure, subordinate transition–can aid in creating a remarkable academic essay, an academic essay style should be coupled with well–developed content. A system to develop analytic thinking, the Aristotelian Topics of Invention are the "pigeon holes in which arguments are stored" as Cicero describes them. Because of the Topics of Invention, the author's claim develops into a full–length discussion that helps the readers in having a comprehensive, specified understanding of the discussion. The variety of 'topoi' enables the writer to lay out the case for his argument. As we critique Ibon Villelabeitia's "In Jordan, the Hip Speak Arabizi", the effect of the 'topoi' is clear. In contrast ... Show more content on Helpwriting.net ... Because of his tactics, he fundamentally surpasses Fordham's mediocre writing style which can be viewed in the following example. Villelabeitia states, "The banter is a form of speech that mixes Arabic with English. It is widely used among Jordan's Western–educated elites, drawing ire from language purists and exposing a widening social and economic gap in the small kingdom." This sentence displays the clearness of the author's ideas expressed through his strong writing style as the reader finds himself receiving the author's thoughts clearly, making Villelabeitia goal achieved easily. Due to the clarity of the author's meaning, his claims are furthermore strengthened and ... Get more on HelpWriting.net ...
  • 37. Case 2 Research in Motion Essay In this case we will be talking about the company RIM (Research in Motion) and some of the Challenges they faced to protect their Intellectual Property. Research in Motion is best known as the developer of the Blackberry smartphone. Research in Motion was involved on several Patent Litigation with the different competitors. On 1999 Glenayre Technologies (formerly known as Glenayre Electonics) filed a patent infringement suit against RIM claiming that the Inter@ctive pager line used Glenayre's power–generation from dual battery process. This litigation caused a delay on RIM's contract renewal with the BellSouth company and also their quarterly earnings report came with lower than expected results. In order to get new customers RIM... Show more content on Helpwriting.net ... NPT attorneys discovered that the SAM version they were showing was not the vintage version of it was an updated version which was released after NTP's invention. This case was so big that almost cause a shutdown to Blackberry systems on the US. In March 2005 both companies tried to reach an agreement that will make RIM to pay $450 million dollars, the negotiations broke down due to other issues. The US Department of Defense filed a brief to allow RIM's service to be allowed on the US due to the large number of users on the United States Federal Government. Later on 2006 they finally agreed to a settlement and RIM agreed to pay a sum of $612 million USD. On July 2003, while still involved on the NTP and Good Technology lawsuits, they also filed a suit against Xerox filed as a response to some patent discussions made by Xerox that could have affected RIM. Almost two months after the agreement settled with NTP,Visto sued RIM for infringement of four patents. And recently on January 2010 Motorola requested to ban all of the Blackberry phones from being imported into the US and filed a lawsuit claiming that they have infringed on multiple patent. RIM already won a case to Motorola on the UK but they are still fighting with Motorola about this in the US. This case ... Get more on HelpWriting.net ...
  • 38. Software Patent Law Essay Software Patent Law A patent can be defined as "a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years." 1 These special rights are given to the inventor as a means of incentive to further advance technology. The origins of patents are unknown, though the distinction of the longest continuous patent system belongs to Great Britain. The British patent system originated in the 15th century, when the Crown first started dealing with the granting of privileges to manufacturers and traders. The earliest known British patent was issued in 1449 for a method of making stained glass.2 Since those medieval beginnings, patent law has grown and ... Show more content on Helpwriting.net ... How do U.S. and European policies affect the global perspective on patenting software? In the sections that follow, the policies of the U.S. and Europe will be analyzed to see how these ethical questions may be answered. Background Information: Governing Bodies Up until recent times, the organization of the global patent system has simply been that each country has their own patent laws and offices. These offices deal with their own domestic patent filings, as well as those of foreigners seeking protection against infringement in that particular country. Manufacturers have come to embrace the idea of distributing their goods to the world market; so as globalization grows, so does the need for international patents. In 1973, thirteen European countries signed the European Patent Convention (EPC), with the objective of developing a uniform patent system (the European Patent Organisation) in order to make patent protection in Europe easier and less costly. Four years later, the European Patent Office (EPO) was founded as the executive branch of the Organisation. The EPO currently has twenty–seven member countries, and is still expecting more to join. Though the EPO does include all fifteen members of the European Union (EU), it is important to note that the EPO is not governed by the EU.3 Each country still maintains its own patent office and applies its own laws. However, since the goal of the EPO is to harmonize
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  • 40. Patent Protection Research Paper How Much Does it Cost to Apply for a Patent? If you want to find out how much it costs to apply for a patent, you'll want to first do your research to ascertain the costs associated with applying for patent protection. A patent is an exclusive right granted to you by the United States Patent and Trademark Office ("USPTO") for a specified period of time, which protects against others using your idea or invention. Idea vs. Invention You may have a great idea, but not a concrete invention. Remember that it is very difficult, if not impossible, to have an idea patented. Therefore, you must take your idea a step further by actually implementing a product from your new and exciting idea. Most people who have an invention fail to seek for patent ... Show more content on Helpwriting.net ... You'll want to ensure that you take all the necessary steps before incurring such costly fees. Some considerations including the following: п‚· Call a Patent Attorney. You'll want to discuss your invention with a qualified licensed patent attorney. An attorney can better explain the process itself, costs associated with filing for protection, and any other challenges that you may face along the way. Further, if you choose to hire an attorney to file for patent protection for you, you'll be rest assured knowing that you could have a better chance of obtaining protection while not forgetting to complete any important steps along the way. п‚· Think about your invention. Is it simple? Or is it complex in that there are smaller parts to the invention. Remember that the simpler your invention is, the quicker the process will be along with fewer fees. The more complex your invention is, the longer and more expensive the patent process will be. If your invention is rather complex, it may be best to hire a qualified patent attorney who can assist you throughout the process. General Patent Fees п‚· If you operate a small business, there is a filing fee of at least $730. п‚· For micro entities, the cost will be roughly $400. п‚· If you choose to have your invention drawn by a professional, the fee could be between $300–$500 depending on the type of drawing as well as the length of time it could take to prepare the illustration. п‚· If you choose to hire a patent attorney to assist
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  • 42. 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 ... Get more on HelpWriting.net ...
  • 43. What Is Science For Essay What is Science for Essay – Who Owns Science? Intellectual Property is not a tangible object that can be physically owned. However, it is an important issue in todays society. Many would feel the ownership of intellectual property is highly justified, whilst others would argue that intellectual property should not be owned. Such a controversial topic clearly needs to be examined carefully. There are 4 types of intellectual property: patents, copyright, trademarks and trade secrets, each with their own flaws and advantages. However, this essay with mainly focus on the ethics of patents. A patent is a form of intellectual property that can be granted for either a process or a product. It provides the patent holder with exclusive rights to ... Show more content on Helpwriting.net ... The application form is extensive, including descriptions of the invention, claims of the scope of the patent and an abstract. The UK intellectual property office then carry out preliminary examinations to ensure that all parts of the application are correct. This is followed by a substantive examination to test the novelty, inventiveness and industrial applicability of the patent subject. If all of these conditions are satisfied, the patent is then granted. The patent holder then has control over use, manufacture and sale of the product for the following 20 years. If another company breaks the patent, they could be subjected to legal action and have to reimburse the holder of the parent for damages. There is some controversy over what is patentable material and what isn't. Gene patents for example are a huge area of discussion. Currently, about 20% of genes are under some form of patent claim. Many question whether human life should be commercialised, arguing that the human genome is a product and therefore property of nature, not any individual or company. Compositions of matter are patent eligible, but products of nature are not. For a product to a be a novel invention, and therefore patentable, the process that distinguishes it from the natural form must be transformative. Gene patents do not claim parts of our chromosomes, but isolated copies of DNA with an equivalent sequence. The processing and modification of the DNA in the ... Get more on HelpWriting.net ...
  • 44. The Doctrine Of Equivalents : A Legal Rule Project Report Topic "Doctrine of Equivalents" Submitted By– Arjit Benjamin Roll No. –07 LL.B 3 yrs 6th Semester Submitted to– Mr. Mayank Kapila Amity Law School, Noida Introduction The doctrine of equivalents is a legal rule in most of the world 's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention. At the very outset, before discussing the doctrine of equivalents, it is necessary to understand the backdrop of the legal framework surrounding patent infringements across different jurisdictions. It is prudent to note that the patent laws of all countries specify certain minimum conditions, which need to be fulfilled, prior to the grant of the patent by the concerned authority. As far as India is concerned, the law governing issue of patents and claims as regards their infringement is the Patents Act, 1970. Since the doctrine of equivalents is primarily concerned with infringement, the author deems it necessary to discuss the nuances surrounding infringement in some detail at this juncture. Along with the application for patents, a written description of the invention is provided to the authority concerned. Along with the specification, under Section 10, the applicant should also provide the patent office with one or more claims that distinctly describe an invention.
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  • 46. Case Analysis : В§ 101 В§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 В§101 and the Court's jurisprudence prior to the enactment of В§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 В§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 В§101 framework in Alice Corp. Pty. Ltd. v. CLS Bank Int'l. In ... Get more on HelpWriting.net ...