ii
ABSTRACT
Today, everything in the World addicted to technology and every technology is based on Research and Development. A country is powerful if it is powerful in technological advances, which means whoever leads the technology, leads the world. But countries must protect their technologies, as well as their unique brands, to lead or to profit because R&D expenses are very huge. To get this protection, patents are used and to organize the patent procedures “Patent Attorneys” are very crucial. Wtihout the work of patent attorneys, patents can not provide the promised and needed protection. iii Table of Contents
Abstract
ii
Table of Contents iii 1. Introduction
1
2. Holders of a National Qualification
2
2.1. Patent Attorney Law
2
2.2. Patent Attorneys' Services
2
3. File Applications on Behalf of Clients
3
3.1. Acquisition of a patent or utility model right
3
3.2. Acquisition of a design right
4
3.3. Acquisition of a trademark right
4
4. Also Deal with Any Problems That May Arise After Filing
5
5. Disputes and Litigation
6
5.1. Filing of Patent Opposition
6
5.2. Request for Appeal Trial
6
5.3. Suit against Appeal Trial Decision
6
5.4. Infringement of Patent or Other Rights
7
6. Make an Appraisal and File a Request for Interpretation
8
7. File a Request for a Technical Opinion on The Registrability of a Utility Model
8
8. Cost of Patent Attorneys’ Services
8
9. Overview of Industrial Property System
9
9.1. Intellectual Property and Industrial Property
9
9.2. Industrial Property as Exclusive Rights
9
10. Patent Attorneys’ Services
11
10.1. Acquisition of Domestic Industrial Property Rights and Related Activities
11
10.1.1. Acquisition of a patent and utility model right
11
10.1.2. Acquisition of a design right
11
10.1.3. Acquisition of a trademark right
12
10.1.4. Notice of reasons for rejection, etc.
12
10.1.5. Filing of an opposition to a patent or registration
12
10.1.6. Other procedures
13
10.1.7. Request for a trial
13
10.1.8. Litigation
13
10.1.9. Appraisal and filing of a request for technical opinion
13
iv
10.2. Acquisition of Foreign Industrial Property Rights and Related Actions
14
10.3. Why Should I consult A Patent Attorney?
14
10.4. Other Matters
15
1
1. INTRODUCTION
Patent attorneys are worthy partners who help you turn your hard-earned inventions into powerful ownership rights.
Everyday new products are created and find their way into our daily lives. Many of these products are protected with a patent, which outlaws and shuts out unscrupulous imitations. To be precise, a patent means "a patent right", and there are three other similar rights as follows: a utility model right, design right and trademark right.
A patent right, utility model right, design right and trademark right - collectively called industrial property rights - only accrue upon registration with the Patent Office, which follows the filing of an application and is conditional on the outcome of an examination of the application by the Patent Office.
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
Also during her presentation she mentioned the different kinds of intellectual property, something we discussed in class. They included copyright, patent, trademark, and trade secret. The differences between them are as follows; copyright protects a creative expression. Patent protects useful inventions. Trademark protects corporate identities and products and trade secret protects formulas and processes that are not easily discovered.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
In week 10 of spring semester we discussed chapter 11’s Intellectual Property Law. “Property establishes a relationship of legal exclusion between an owner and other people regarding limited resources.” In this chapter, we learn that the Constitution allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors to the exclusive Right to their respective writings and discoveries.”
Intellectual Property - Intellectual property reflects on the ideas and things we can imagine and produce with our minds. Intellectual property includes anything that may be patented, owned, or protected by a trademark. There are four types of intellectual property, such as trademark, copyrights, patents, and trade secrets. Based on this week’s scenario, Sam had signed a non-disclosure agreement as a condition of his employment with ABC but unfortunately, has violated the conditions by downloading a list of customers for the company. This implies that the subject of intellectual property
Tanielian, M. (April 15, 2013). Comments of the Coalition for Patent Fairness. United States Patent and Trademark Office, 1-22. Retrieved from http://www.uspto.gov/ip/global/patents/comments/753609930-1_cpf_-_letter_to_uspto.pdf
These issues could have been resolved if a proper market analysis was done. An outcome of this research could have suggested that it best suites highly populated
The Commission's interpretative regulation explains the company's obligations and those of the Commission.. This requires manufacturers of a consumer product to report to the Commission if a particular model of a consumer product is the subject of three civil actions that have been filed in Federal or State court, each suit alleges the involvement of that model in death or serious injury to the body. Then at least three of the actions will result in a final settlement involving the manufacturer; or in a judgment for the plaintiff within any one of the two year periods specified. The first two year period began to run on January 1, 1991 and ends on December 31, 1992. The second two year period starts on January 1, 1993; the third, on January 1, 1995; and so forth. Manufacturers must file a report within 30 days after the settlement or judgment in the third civil action to which the reporting requirement applies.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Governments provide the legal and social framework in market economies by establishing and protecting the rights to private property and to the economic gains derived from the use of that property. The government's protection of private property extends to land, factories, stores, as well as intellectual property. Intellectual properties are protected by exclusive rights, called copyrights, to protect such things as books, music, films, and computer software programs, etc; or patents, protect other types of inventions, designs, products, and manufacturing processes. These exclusive issued rights give the holders the rights to sell or market their products and creations for a specified period of time.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20
...hnical support. The technical issues usually raise in the feasibility stage of the investigation include these: