Essays on Patent

The ability for the federal government to issue patents is governed by the United States Constitution, Article 1, Section 8, Clause 8, “The Congress shall have the power . . . to promote the progress of science and useful arts by securing for limited times to . . . inventors the exclusive right to their . . . discoveries” (1787). Although recited in the powers of Congress, the right to issue patents has been delegated to an administrative agency within the Commerce Department, the United States Patent and Trademark Office (USPTO, 2013). The ultimate enforcement of patents is overseen by the federal and state judiciary, through a system Continue reading...

Introduction

Microsoft Corporation appealed to the court and when the court made its ruling, the following statement was issued by the court to give the opinion of the court. The opinion of the court was delivered by Justice Sotomayor which stated that; “A patent can be presumed to be valid and the burden of establishing its validity or any claim of such nature shall rest on the part that is trying to challenge its validity. This is found in Section 282 of the Patent Act of 1952. The United States Congress has given the United States Patent Continue reading...

Over the past 10, 000 years, human race has developed under impetuous of applied genetics. Humankind is gaining increasing understanding in heredity variation among living things, the science of genetics. This raises various issues in terms of science and technology that spring from genetics, and potential impacts advancing from such inventions. These are the most progressing areas of the knowledge of humankind in today’s world. There has been genetic modification of plants to make them resilient, profitable and nutritious. This is achieved through genetic engineering, where organisms are manipulated to produce desired trait like drought tolerance or higher Continue reading...

The patent cases involving mobile technology companies have recorded a tremendous increase over the past few years whereby the companies have accused one another on infringement of patents rights as well as violation of the safe competition as provided by various patent protection legislation in the United States and the rest of the world. The ruling of some of these cases end up either in favor of the appellate or the defendant depending on the validity of the evidence as well as to whether the arguments made by both sides is strong enough to convince the jury in their Continue reading...

PART 1

Summary
The copyright laws and right of ownership are controversial as different players or parties debate on the issue. One of the widely and globally controversial is a wildlife photographer whose camera was snatched by the monkey taking form of self portrait ‘selfie’ photographs. The photographer decision to sell the images to some of the leading search engines companies went viral with Wikipedia being the last resort. The implications on the Australian laws as the wrangles between the photographer request for the removal of the photos from Wikipedia unfolded. The respective entities entailed refusal of Wikipedia to remove the Continue reading...

The advent of the digital age has brought along new business processes and technology that run organizations. Globalization has since taken root in concepts of products development and service delivery and thus companies are able to have operations in almost every corner of the world. Nations are now able to take advantage of such worldwide business opportunities in order to increase profits and revenue. However, this global nature of business has brought along its fair share of problems. There is new wave of competition in the market by companies consistently innovating new products to meet consumer needs. This cut-throat Continue reading...

According to John Kao , there are a few major connections between playing Jazz and doing innovation. First and foremost, it is the objectivity of Jazz and that it is the capability which is developed as a result of investment in self over a period of time. That way it becomes ingrained in self, and is something that is very hard to lose. Just as innovation, playing Jazz is not something along the lines of a mathematical formula, which you can learn in a short period of time. Like innovation, it is that deep capability that you build over time. Continue reading...

Intellectual Property Advise for the Company.

First, let me take this opportunity to congratulate you for finding a way to make the lightweight rainwear jacket hood that does not cover the wearer's face. The move is likely to spur competitive advantage of the business in the regional, as well as international market (Grossman and Helpman 49). However, the move is just the first step; there is a long way to go to make sure that the business exclusively benefits from the solution we have just discovered. The legal way to do this is to identify the kind of intellectual property (IP) measure that will protect Continue reading...

Monsanto Co. (MC) v. Coramandal Indag Products Ltd. (CIP)

MC had alleged violation of patent by CIP. The patent in question related to the CIP inventions titled Phytotoxic Compositions and Grass Selective Herbicide Compositions contained the active ingredient named Butachlor which was duly patented by the plaintiff appellant.

Procedural History

The case was before the judicial system of India. It had first been heard in the trail Court and a ruling reached in favor of the defendants as the lower court held that the said patents were not existent and that the defendant respondent had not violated any patent thereof. The Continue reading...

In general, patents are meant to protect inventions which are proved to work in ordinary applications without fail. I support the argument that software is not patentable. This is simply because software is a development of algorithm transformed and presented in programming language. According to calculus developed by church lambda in his thesis, mathematics cannot be patented. As a result, software is not patentable since it is simply a textual representation of diverse mathematical functions.
Additionally, patents are intended to encourage innovation in the good interest of technological advancement. However software patents are scientifically considered to contrast this phenomenon. Continue reading...

Introduction

The paper is first going to define major terms as used in this paper and then then give a brief description of the company in question; Procter and gamble company. In order to give a detailed analysis of the Intellectual Portfolio of Procter and Gamble, the paper will divide the Intellectual Properties into the three major ones claimed by the Procter and Gamble, Patents, Trademarks and Designs[ CITATION Rya08 \l 1033 ].
In each intellectual property, the paper will give the meaning of the property and give an account of the provisions of the law regarding the same. The Continue reading...

Intellectual Property Case Study

Part 1: Introduction

The purpose of this report is to highlight the procedural requirements that an investor must accomplish before an invention or any product design is released into the market. In the course of an invention, it is a legal obligation that the rightful owner must define the product and distinct it from other related products available. Therefore, the proprietor defines the property rights, the trademark, product design and the product accordingly acquires due recognition within the trade domains.

Registered Design:

According to the United Kingdom’s Design Act, a design describes the overall description of a new product. The Continue reading...

Apple Inc. v. Samsung Electronics Co.
Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found Continue reading...

Microsoft v. AT&T

This case involves an ethical scenario where American Patent Law principles are violated in the global market. The Supreme Court of the United States in 2007 held that software compares could not be held liable for infringing certain patents as described under 35 U.S.C § 271(f). This statute created liabilities for exporting components of patented products. In this case, disincentives to trade were created by the Federal Circuit thereby creating liabilities for software manufacturers to benefit from the Loopholes enjoyed by other industries. For instance, non-infringing forms can be exported to other markets outside the country Continue reading...

[Author]

LA 1

Q2: If you were hired by your college or university to market the athletic department, what element of the marketing mix would you focus on first and why?
The answer to this question depends significantly on the popularity status of the institution’s athletic department. Is it already winning intercollegiate or inter-university tournaments? Is it still unknown and had not been performing well in these tournaments? If the athletic team had been winning in the last three years, then those wins placed the team already ahead in the recognition curve. If the team is unknown and non-performing, then Continue reading...

Apple Inc. v. Samsung Electronics Co.
Samsung and Apple have engaged each other in multiple of suits in various countries in the world including the United States. The two are the leading companies worldwide with regard to the sales of smartphones and tablets. Despite this success they have been engaged in countless suits in more than 11 countries. In Apple’s case against Samsung in the United States, Apple was suing Samsung for alleged patent infringement violations in a number of their electronic products. Apple also sought redress amounting to billions of dollars as damages if the court found Continue reading...

The software industry is an information intensive industry, whose output consists of well coded instructions that guide in the operations of gadgets like phones, smart machines, computers, and tablets. The inputs and outputs of this trade consist of intangibles, the prices of which contain substantial Schumpeterian payments. The rewards of innovators in the software industry of the 1990s were extraordinary, illustrated by the meteoric rise of Bill Gates to control the largest individual wealth in the world. The current software industry is consequently an extreme sample of an industry where the revenues to innovators investments, and in other cases Continue reading...

Human Resource Management

This article, written by Lisa Rein and William Branigin from the Washington Post, discusses a potentially severe lack of management in the supervision of work-from-home employees whose job is to review patent applications. The individual who broke the story let the Post know that the office “tolerates” employee abuses, later citing that the department often turned their heads in the face of these time and attendance issues when productivity was high. The culture in this office is a very relaxed one, mostly because managers and supervisors very rarely interact with their employees. This inevitably leads to a relaxed feeling Continue reading...

Apple Inc.,

The company was developed back in 1997 and it was co-founded by Steven Wozniak and Steven Jobs who did the marketing. The company introduced their first Apple 1 computer in 1976 but was unsuccessful but later launched Apple in 1980 which was successful (The Financial Times, 2012). The company has experienced ups and down within the competitive industry. Steve Jobs is credited for leading the company towards the global heights with increased annual sales and a very competitive and expensive global brand. The late Steve Jobs turned around Apple almost bankrupt back in 1996 hence named as world’s Continue reading...

Introduction

The emergence of real-time polymerase chain reaction (PCR) assays was much of a relief in the medical field especially given the fact that this model offers the most accurate way in the process of determining false-negative outcomes (Burggraf & Olgemoller, 2004).This ideology also finds support in the works of Nolte (2004) who asserts that, following the discovery of PCR and its application in a clinical setting, it has become possible to use nucleic acid amplification methods as transitions from research to clinical laboratories. This makes it possible to have a wide array of application in addressing issues relating to Continue reading...

Introduction

David is an enterprising person who should be given an opportunity to carry out his business operations with minimal interference. Just like any other entrepreneur, his rights should be fully protected and safeguarded by the law. This is the only way through which he can be motivated to continue dealing with his products. Likewise, all the other players in this industry should be protected as well. As we all understand, film is a very sensitive industry that requires a lot of support from the government. This can not only be done through offering financial support and also through enforcing Continue reading...

A monopoly is a market situation where there is only one seller but a number of buyers. The seller is the price maker. The monopolist enjoys absolute market power by virtue of which she can earn supernormal profit. The monopoly power depends, to a large extent, on the possible threats to competition. If the monopolist finds potential threat in terms of entry of competitive firms, the monopolist tries to take effective strategies to keep competitors at bay. The market power of the monopolist depends on how effective the entry barriers are. It is because of the entry barriers that Continue reading...

Facebook is a social networking platform which most people use. Apart from connecting with

Old Friends and sharing love and affection to them, some people use it as an effective instrument
For Advertisements and business. Facebook uses some business strategies to attract new
Customers and new businesses and some of them are mentioned as below:
. Putting Facebook redirection links on famous websites which people use on a daily basis.
. Using the traffic of many identified websites by providing an option of logging into their

Respective accounts via Facebook credentials.

.Sending out an Email blast: Letting all people know about his presence on Facebook which acts

A big advertisement instrument.

.Use of Facebook Plug-in: Integrating Facebook Plug-in with different websites creates branding

Awareness of Facebook.Mainly, Facebook strategy was to become number one in social

Networking Continue reading...

Introduction

With the growth of data in the recent years, there has been the need to have protection of the enterprise data from loss. Companies have been struggling to ensure that there are methods that will allow them to recover their data using the shortest time as much as possible. As company data continue to growth, so is the time that will take to recover. This has made data recovery an issue that should be considered by many companies. There is need for a large bank, for example, to provide protection for the large volumes of data they have. The Continue reading...

Introduction

The government has the sole responsibility and duty of protecting its citizens and their properties whether tangible or intangible. In order to achieve this goal, the government through the legislature and judiciary formulates and enacts laws that aim at maintaining social order, status quo and protecting intellectual property rights of artists and inventors. Enactment of intellectual property laws is not a new phenomenon in United States because it has existed for many years. This fact affirms that the federal government has pledged its commitment and dedication in protecting intellectual property of artists and inventors in the country. Consequently, the Continue reading...

The company under the discussion of my legal research problem is Apple. In this study, this paper analyzes the Apple Company from its background information, legal analysis, ethical analysis, market analysis, alternative solutions and implementation of the proposed solutions.
In the background information, Apple Company is defined in terms of where it is location and operationalization structure (Marcia). The services that it engages in are also outlined in the background information. The legal issue under discussion is also introduced.
In legal analysis, the matter under crisis is brought out clearly. Facts are illustrated, and the contention between apple and Continue reading...

Is Microsoft a Monopoly?

Introduction
Microsoft is a leading software developing company in the world. Almost more than 90 % of people using a computer uses one application developed by the Microsoft because Windows application has become an essential interface that makes using a computer relatively easier for the user. The main word can be used for Microsoft is user-friendly. As the company producing the first user-friendly computer interface, the company made an essential brand that many people all around the world are addicted.
Nowadays, there are other companies producing user-friendly operation systems for the computers. However, Microsoft has developed its operation systems very Continue reading...

Proposition 1: A patent gives the patentee the exclusive rights, during its term, to exploit the invention and to authorise exploitation by another. Patents Act 1990 (Cth), s 13(1).

Exploit means:

- where the invention is a product – make, hire, sell or otherwise dispose of the product, offer to make, sell, hire or otherwise dispose of it, use or import it, or keep it for the purpose of doing any of those things; or
- where the invention is a method or process – use the method or process or do any act motioned in paragraph (a) in response of a Continue reading...

[Assignment No. 2]

Abstract

CRADA incorporates the agreement between the collaborators and IC in order to comply the research projects in order to develop the research entities with the collaboration of two entities. The current paper has enlightened the common and unique elements of the CRADA elements and it has been observed that CRADA provides the comprehensive means of developing the effective agreement between both the entities to ensure the collaboration and providing the astound means of carrying out the research project without adhering any unequal means of benefits provided to any entity. The ‘Cooperative Research and Development Agreement’ encompasses Continue reading...

Recommendations for AbbVie’s Overdependence on Humira

Patent Cliff and AbbVie
Patent Cliff, referred as drop in sales after the patent expires, is a global revenue threat to major pharmaceutical companies. Around 45% revenue dependence on a single medicine, Humira, by AbbVie is quite high in comparison with the industry, and the company can face major drop in revenue after the year 2016. As this product is currently a hit in the market, there are already many companies who have developed a biosimiliar of this medicine. These biosimiliars will be launched in the market after the patent expiry in 2016. Apart from major drop in revenue, Continue reading...

Patent is a form of Intellectual Property Right (IPR). The IPR refers to any work or product of human creativity. It can include inventions; works related to literature and arts; designs; and symbols, names and images used in commerce. Intellectual Property Rights like patents are given to promote creativity and help the creators earn recognition or financial benefit out of what they have created. This system of recognition and reward helps in encouraging further innovations.
A patent grants exclusive rights for an invention. That means, the inventor, who is the patent owner, can decide whether or not to allow Continue reading...

Who invented the Telephone

Mr. Beauchamp’s article recounts how United States patent law ensured Alexander Graham Bell came to be recognized as the sole inventor of the telephone and how the company/corporation he founded took a singular court argument and built it into a monopolistic enterprise, the premiere corporation in the world by mid-20th century. In particular, he claims that the development of U.S. patent law in the 19th century ensured this success while at the same time abetting litigation by numerous parties who wanted to secure the benefits of being recognized as the inventor of the telephone, or to undermine Bell’ Continue reading...

Introduction

The issues that surround the protection of intellectual property continue to prevail as the intangible nature of intellectual property makes the limitations of its proper use hard to identify and delineate. Especially in this age when technology enables intellectual property to be created in so many digital formats, such properties can be even harder to safeguard. Although laws are created to define and limit the correct and proper use of intellectual property, these laws are not always enough. To strike a balance, the proper use of intellectual property can be ensured through compliance to these laws combined with a person’s personal ethical judgment. Continue reading...

Hybrid Wind and Solar Powered Outdoor Lighting

Team:
MET-421-001
Senior Design Project I
Winter 2014

Abstract 1

Project Description 2
Photovoltaic Cells 3
Wind Turbine 4
Integrated Controls Unit 6
Battery 7
LED Lighting 8
Patent /Market Review 9
Economic Analysis 9
Conclusion 13

References 14

Appendix 15
Abstract
The United States Department of Energy has laid out a vision in 2011, which includes to have the U.S. secure a leading role in clean energy technologies. With current global considerations to conserve natural energy resources and convert to more sustainable methods of power generation, applied efforts need to be developed in order to integrate known methods of energy creation, and Continue reading...

Abstract

This paper discusses the network communication and intellectual property right. Intellectual property right is granted to the owner of the product for the exclusive creation of the product.
There are two main reasons; intellectual property rights are implanted. First to provide with legal expression of economic and moral right of the owner of the creation and the right of the public to access the product of creators. Second, to promote the premeditated act of government to demonstrate their propagation and application of the result to contribute to social development and the economic system of the society. A new technique Continue reading...

Great ideas are coveted everywhere in the world, they are overly Bidded especially where they possess a significant commercial value. Incubators of such great ideas and who lack the means and resources to implement them have always taken cover under the well known patent rights.
A patent refers to exclusivity rights granted for an invention owned by an individual given to that individual in by a sovereign state in order to make the invention public.
Employers, have always taken opportunities to recruit those with great ideas which can give their organization a running gear in the ever competitive world. Continue reading...

Business and Organisation

Organization.
Apple store is a chain of retail stores supplying computers and electronics under the apple computer, Inc. it has connection worldwide approximately 13 countries with 417 stores.

Introduction.

Firstly, the external factors, which shall be analysed using the PESTEL model, are long-term problems that entail variables that keep on changing with time. According to the contingency approach, the organization should be flexible to cope up with any change or situation. The variable affect the organizational structure; the apple store should conform to the changes and consider how the organizational structure is affected. The main variables affecting the organization are Continue reading...

Intellectual property or IP is a term used to refer different creations from the mind of individuals. These include things like inventions, names; images of things, literary works, and symbols are also part of intellectual properties and designs. Entrepreneurs or businesses use all these for different commercial purposes. They are called intellectual property because they’re creation of the mind and use one’s intellect for them to be created. They are mostly created by a person through their intellectual abilities, hence most are unique to each person.
Intellectual properties play a vital role in entrepreneurial firms. Some of Continue reading...

Analysis of the environment

Johnson and Johnson currently operate over 250 subsidiary companies in 57 countries. It is the world’s largest healthcare company comprising of three segments: pharmaceuticals, medical devices and diagnostics and consumer products.

There are two sets of forces that Johnson and Johnson’s faces in its current environment: competitive and contextual environments.

The competitive environment can be analyzed using   Michael Porter’s five forces model while the contextual environment can be analyzed using PEST (Political, Economic, Social and Technological).

Contextual Environment- PEST analysis

Political environment- Dynamic policies and political regimes: The political scene on the local, regional and national front affects the operations of businesses. Given that Johnsons and Johnsons is an international company, it is important to keep track of the political Continue reading...

Cancer Treatment Worldwide

Cancer industry and Big Pharma's effect on treatment and drugs in the United States of America is different from that of other countries’ largely because of its interaction with the United States Food and Drug Administration (FDA) .
The United States’ Patent Office also has its share in the problem. Pharmaceutical companies do not want to fund research into a drug that will not pass through the FDA usage guidelines if it will be off patent before it can be sold for cancer treatment , , . A new law, signed in July 2012 will change how the industry views this. While patent Continue reading...