Technology Law Case Study

There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.

While a trademark cannot be infringed upon at any time, if a trade secret is obtained through legal means it is no longer protected from use. With a patent, third parties are prevented from making, using or selling the invention thus protecting the funds used in the research and development (R & D)effort. This initial investment can be recovered and if the product is desirable, business success is realized for the property owner.

A patent is a legal document giving inventors the property right to their own invention. A patent didn’t always mean the rights to an invention though. A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the patent is used only for the rights to your invention. Virginia Alexandrea from The United States Patent and Trademark Office wrote the article “General Information Concerning Patents” where she described what Patent rights include.

Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus of the proceeding text and justification for patent reform in the United States.

Laws have been put in place of the years to ensure that everyone has equal opportunities when it comes to getting a job, keeping a job, and having access to goods, services, and locations. Several of the laws that have been enacted over the years include the Family Medical Leave Act of 1993, the Age Discrimination Act of 1967, and the Americans with Disabilities of 1990.

By which became a contract on 11/28/2010 we were charged $2500 for legal services but the contract states deposit is not refundable under any circumstances. My first payment started on 11/12/2010 for the total amount of $1,020.00 when I made my first payment I took all my required documents to fill out all the packets I was given for immigration to send them, the benefited are Rogelio Medina and Norma Medina. The request was from our son Jesus Medina. On 7/21/2011 I was sent an appointment for my finger prints before that I received receipts of payments which I made on 6/15/2011 for the amounts of $420 and $1,070 plus $1,000 on 9/6/2011 for the total amount of 2,490 I was also charged and extra 1,250 for his service making the grand total

The Leahy-Smith America Invents Act, passed on September 16, 2011, was the most significant reform to the patent system in the United States since the Patent Act of 1952, which redefined the patentability of patent to include being nonobvious in addition to new and useful (1). The demanding need for patent reform had been discussed and debated frequently both within the literature focusing on patent trolls and consistently in Congress with the introduction of many patent reform acts that were never enacted: the Patent Reform Act of 2006 at the 109th Congress, the Patent Reform Act of 2007 at the 110th Congress, and the Patent Reform Act of 2009 at the 111th Congress (2-5). The enactment of the America Invents Act in 2011 after the failure of previous reform attempts signifies its importance in addressing the pressing issues of the United States patent system. The America Invents Acts specifically aimed to confront problems that were impeding innovation: the ever-increasing expense of the patent process, the exploitation of the patent system by patent trolls, and the unnecessary complexity and inefficiency of the patent process as a whole.

In the case of university patents, the problem was that of technology transfer, moving inventions and technology created in universities to the marketplace. The three phases involved in the construction of the institution of university patenting were the formation of a proto-institution by a skilled actor, the development and growth of a professional community, and finally the Bayh-Dole Act. The success of the institutionalization of university patenting was due to the social skill and resources utilized to elicit collective action.

A patent is defined as “a document issued by a government office which describes an invention and creates a legal situation in which the patented invention can normally only be exploited - manufactured, used, sold, imported - with the authorization of the owner of the patent” (World Intellectual Property Organization). Thus, a patent is a form of intellectual property. Patent infringement occurs when the defendant has violated this intellectual property, by making, using, selling, offering to sell, or importing an infringing invention or its equivalent. “For a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device” (Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199, Fed. Circ. 1994).

Lawson for their patent infringement case against Howell Jewelry. Howell Jewelry will lose the patent case because the memo will surface as an incriminating document in discovery of the lawsuit. Howell will have to abandon their new process and make arrangements for repayment of loss revenue to Greene. The public opinion in this case will side with Greene damaging the reputation of Howell’s business. Howell should resolve the patent infringement before going to court. The number of patent application is growing steadily,1 and we can easily hear the news of patent wars in global business, such as “Apple vs. Samsung” and “Microsoft vs. Motorola.” Even a firm called a “patent troll” which collects patents and makes profits from the litigation against the infringement has appeared in the market. The patent holders, however, do not always win the trial; roughly a half of all litigated patents are found to be invalid.2 Furthermore, not every conflict over patent rights involves a lawsuit. In fact, a majority of the disputes are settled; some of them are resolved peacefully before they go to court, and others are settled in the middle of the trial. Given these various scenarios, it is natural to attempt to integrate a series of events regarding patent rights and to clarify the mechanism behind them.

Various patent attorneys and patent agents will question whether one can really prepare a temporary patent application while spending less time than preparing a non-provisional patent application. A description of the invention and understanding what is in the market (Quinn, 2014). Experts advise why temporary patent applications are best and why they are valuable tool for those with limited budget, which will be a considered application on file. However, not everything that has been invented can be protected even by the major companies. Nevertheless, inventors take responsible steps forward to secure rights once they reach the point where they have something patentable.

Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.

A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while

Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.

The concept of product patent for pharmaceutical products is likely to make life saving medicine beyond the reach of the poor and deprived section of the society around the world.