Patents Introduction (Amber Mantel)
A patent is “the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years.” ("The Definition of Patent," 2015) A patent helps keep the inventor safe from others stealing their idea and both marketing and profiting as if it were their own. Patents can be used for all types of things including but not limited to drugs, technology, and design.
Once the inventor has decided their product, idea or technology is unique and would like to legally make it their own they can file for a patent. Anyone apply for a patent on what the inventor believes to be a new idea however the following must apply for someone to receive a patent. “The invention
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Apple, who is known as one of the most innovative companies in technology did not like the changes they saw Samsung “creating.” In the lawsuit, Apple claimed rights to features such as “slide to unlock,” built in spell check, and detecting phone numbers with tap to call featured (Blodget, 2013). It is still undetermined who has the rights to these features, and litigations are still in process.
Governments Response
With all of these litigations, it is important to consider what the government is doing. There are so many moving parts of patents, patent trolling, and patent wars that it is difficult and regulate and write laws around the issues. However, there have been many acts that have been proposed (Electronic Frontier Foundation, 2013). One, for example goes by the name of SHIELD Act. This will help to deter patent trolls, because it says if they lose in court, they must pay the other side’s legal fees and court costs. Another act, STOP Act sets out to help determine the validity of patents before they are issued.
Patent trolling will continue to be a problem, as well as patent wars, as long as proper laws are not passed to help protect the intellectual property of others. It is important for laws to change as fast as computers do in the society we live in today.
Patent Infringement (Heather
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
As long as it still causes a huge gap of disparity, I cannot say that I am in favor of the system. Patents exist to reward creative inventors by granting them an exclusive right to make use of their own ideas, on the basis that doing so will give a strong impetus for innovation. Our goal should be to find the point where the cost and benefit are in balance, which can be considered as the so-called social
The United States Patent Office (“USPTO”) faces criticism from its users and legislators that the timeliness of the patent process and ultimate quality of issued patents are inadequate. In order to address this criticism Congress made several changes to the authorities of the USPTO in the last decade and considered more changes in 2009. Nevertheless, problems persist and some stakeholders argue that reorganizing the USPTO as a government corporation would best alleviate these problems by broadening its authorities even further and releasing it from external constraints.
Just like the iPhone. When the iPhone first came out it was one of the most popular phones ever. And from the iPhone then Samsung started to think we should create a phone that is similar to it. Till this very day Apple and every other phone companies compete. Although they are thinking alike they both come up with very different things. They make their phones operate differently. The Apple IPhone is easier to work with while the Samsung Galaxy phone is harder to operate. Although, Samsung has tried to make a duplicate like the iPhone both phones come with different features.
To conclude, Apple Inc. and Samsung Electronics went to U.S. District Court due to Apple Inc.’s claim that Samsung Electronics had infringed on some of their technology patents used in the iPhone and iPad. Apple Inc.’s zoom patent was then invalidated by the USPTO. Judge Koh then ruled in favor of Apple Inc. and ordered Samsung Electronics to pay 290 million dollars to Apple Inc.
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.
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 ...
If you ask anybody in the world today they will tell you that we live in a world where technology is at the core of human life. We use technology for everything today. From processing food we eat, to being social, to transportation, everything we do has some relation to technology. No technological innovation though has become so popular as the one we use to communicate with daily. The Smartphone. First starting off as foot long cellular phones which could be seen a mile away to present Smartphones which we cannot seem to live without. Smartphones have changed the way that people live. Today you can see just about everyone on a Smartphone even children, which just comes to show how popular and demanding Smartphones have become. In fact, Smartphones have become a true necessity in the lives of people everywhere. There are many types of Smartphones out there. Some of the major phones include devices such as Apple's iPhone, HTC's One, and LG's G2, but only a few have made such a huge technological impression in this industry such as Samsung has done with its Galaxy and Note, two of the most popular Smartphones right now. We all have heard the name Samsung at some point in our lives. Maybe from the televisions they create or even from the chips they produce. The truth is that Samsung is a technological giant who has been around for many years, an empire, which continues to grow. A company whose mission is to "Inspire the World, Create the Future."
Pharmaceutical patents are patents for inventions within the pharmaceutical industry. Patents give exclusive rights to an invention for a product or a process of making a product [1]. There are many aspects to patents in the pharmaceutical industry that are both pros and cons; it just depends on what industry you are in. Pharmaceutical companies take out patents so they can regulate the market and restrict competition from other companies. By obtaining patents, pharmaceutical companies also attract investment.
The very first iPhone was announced by the founder of Apple, Steve Jobs, in 2007. His vision was to reinvent the phone. iPhones have revolutionized smartphones and have shaped the cell phone industry into what it is today. On January 9, 2007, Steve Jobs put together an incredible keynote presentation. He stated that he would be “introducing a wide-screen ipod with touch controls, a revolutionary mobile phone, and a breakthrough Internet device” (Ritchie, 2015). The audience assumed that this meant that Mr. Jobs would be launching three separate devices. However, it was only one device, the iPhone. Within the past 7 years, Apple has been able to tweak its iPhones by incorporating major redesigns. These redesigns use combinations
To many people, when they hear the word “invention” they think of clever gadgets and devices that are now common. Such as the safety pin, zippers, computers, telephones, and cars- all of which have amazing stories behind them. However the word “invention” actually goes back to the Latin word invenire for “to come upon.” Basically an invention can be any tangible device or a process, which is brought out by the human imagination.
In 2007, Apple designed the first touch screen phone and it was a huge change and after three years, everyone wants to buy touch screen phone and Apple became the super star of the smartphone market. Apple’s unique designs changed the definition of fashion in the smartphone world, sine then, apple become the leader of smartphone market.
Looking back at the history of the United States of America from the first patent issued in 1790 to today, we can see how every advance in technology seemingly leads to the next one. Starting with the cotton gin, this simple invention allowed for much faster processing time, allowing for increase in profits.
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
Innovation may be defined as exploiting new ideas leading to the creation of a new product, process or service. It is not just the invention of a new idea that is important, but it is actually