A patent is an exclusive right given to an individual to exclude others from making, using, selling and importing his or her innovation for a period of 20 years. Patents must be applied for and there are five requirements needed for a patent to be granted. Patents have a positive effect on U.S. economy because they encourage entrepreneurship, research and inventions. The American Invents Act, the biggest change to patent law in over half a century, has the ability to negatively affect inventors and small businesses. Patent systems can be traced back thousands of years. In the United States, Congress gained power regarding patents when the U.S. Constitution was established in 1789. Article 1, section 8 reads, “Congress shall have the power …show more content…
In 2012, Brett Cooke described the act as “the most comprehensive revision of U.S. patent law since 1952” (The America Invents Act—From the Perspective of the Small Business). It took eighteen months, but the act finally became effective on March 16, 2013. In its summary of The America Invents Act, The American Intellectual Law Association stated the many filing reforms, examination reforms and third party reforms of the act, including The First Inventor to File reform and The Inventor Grace Period reform (aipla.org). The America Invents Act changed the patent system from a first-to-invent system to a first-to-file …show more content…
On July 18, 2012, MadStad filed suit in the United States District Court for the Middle District of Florida, alleging that the first-inventor-to-file provision of the AIA is unconstitutional under Article I, section 8, Clause 8 of the Constitution (e-foia.uspto.gov, p.3). The company had to increase computer security, increase time spent filing patents and could no longer compete with larger companies, which caused them to lose business. Associate Natalie Bennett confirms this in The National Law Review when she writes, MadStad “faced escalating harms following the enactment of the AIA—especially the escalation of costs” (2014). This is just the beginning of the downside for small
J. 2003;92:435. Gold R. Are Patents Impeding Medical Care and Innovation? 2010. 11) Alten B. Left to One Device: Congress Limits Patents on Medical Procedures. 1998;8(3):295-95.
and fair one. Many believe it to be the first anti- trust decision in U.S.
Judicial History: The District court of Iowa granted a motion for summary judgement in favor of National By-Products, Inc. The court determined that Dale Dyer had an invalid claim to bring forth a lawsuit, thus lacking consideration to create a contract.
MacEwing, J. M. (October 25, 2005). Making Sense of the Recent Case Law. Jenkins Marzban Logan
The anti-trust laws were set in place to promote vigorous competition but also to protect the consumer from unfair mergers and business practices. The first antitrust law that was passed by Congress is called the Sherman Act and is a “comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade” according to www.FTC.gov . Later in 1914 Congress passed two more laws, one creating the Federal Trade Commission Act (FTCA) and then the Clayton Act, which now create the three core federal antitrust laws that are still active currently. Although they have changed over the last hundred years, they still have the same concept: “to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up” as stated by the FTC.gov website on The Antitrust Laws.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
The American Fear of Being Sued Something basic has been stolen from American life. We have lost much of our individual freedom due to the theft in our society. Our thieves come in the form of "sue happy" Americans. Doctors are paranoid, teachers are weakened and religious consultation is decreased. You would have to be a fool to say what you really think in the workplace.
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
Competition law in the European Union has developed from being an uncertain preoccupation of a few economists, lawyers and officials to one of the leading competition law system in the globe. Nonetheless, in agreement with most commentators, there are inherent flaws within the EU Commission’s procedures. This paper aims to provide an account of concerns in the current system, drawing comments from scholars and EU officials in order to demonstrate both benefits and shortcomings of the system. An overview of the legal and policy debate of the current EU Competition enforcement will be presented as the introduction. Policy concerns such as prosecutorial bias and self-incrimination in enforcement powers will be the main subjects for the purpose of this paper, followed by analysis of the EU commission structure, in particular checks and balances and the hearing process, both of which have been claimed being incompatible with the ECHR. A comparison with the US Antitrust system will also be paralleled through out this essay in order to demonstrate a clearer examination. This essay will conclude with the Commission’s flaws that have effected on the upcoming UK competition law reforms.
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 ...
So what does a patent cover? Chemical patents cover the structure of a molecule and also the process in which the molecule is made. This is a good thing for pharmaceutical companies who take out these patents so they can regulate the market. Because these companies own the rights to a molecule or drug exclusively, they can restrict competition from competitors. Companies that have patents on drugs have the added benefit that they are the sole distributor of that drug and all profits go to them.
Patent protection in Malaysia is governed by the Patents Act 1983, and is obtainable by either or filing a direct national application or entering the national phase of a Patent Cooperation Treaty (PCT) application. There are two patent classifications that an applicant can choose upon application, the standard patent or design patent and the utility patent.
In the United States Constitution it states “The Congress shall have power ... 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” (Garofalo 33).1
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