Electro Sante Inc. Case Study

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The patent system grants an exclusive right of manufacturing, selling, and profiting from a specific invention. It is designed with the purpose of providing advance research and development and to encourage broader economic activity; however, complete disclosure is required in exchange for the twenty year protection to become monopoly.

The first aspect to be discussed is that whether such disclosure really does stimulate others or not. The concept of granting patent to new inventors is to provide an intellectual stimulated environment for others; however, whether such disclosure really does stimulate others is controversial. In this case, one could argue that patent disclosure would be really encourage other people who seek broad developed ideas; thus provide competitive inventions. Disclosing product information publicly, not just introduce an individual 's new product to the market, also give an opportunity to share their knowledge with other creative expertise who looking to introduce brilliant products in the future. Patent holder 's broad imaginative skills, different viewpoints of
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Free world trust was pleaded guilty in the court of appeal for Quebec on December 14th, 2000. The plaintiff, Free world trust claimed that the new invention of Electro Sante Inc. has the same end result of his invention and therefore its patent monopoly was infringed. The appellant, Free World Trust, is the owner of two patents issued in 1981 and 1983 respectively, which discovered an equipment that bombards different parts of the human body with low frequency electro-magnetic waves by using "circuit means". The respondent, Electro Sante Inc. has developed an equipment with the similar purpose, but using "microcontroller" instead of circuit
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