Pros: When we think of patents we think of people who invent things and want to protect the product in which they have created. This initially would keep people from copying your idea and or stealing it. A patent is nothing more than an entitlement to a certain product that you have chosen to invent, manufacture, use for a specific period of time, and market. Patents are generally issued by the government or the United States Patent and Trademark Office as a grant of property right to the inventor. .
Over all there are three types of patents; there is the design patent which lets one patent a design if it is new, has originality, and is ornamental for a product or company. A utility patent is the patent of a new procedure, means of manufacturing (producing a product more efficiently), a better machine to improve a process of a product or job, or basically any new and useful improvement. The last being a plant patent, which can be given to anyone that discovers or breeds a new type of plant which is usually done with grafting. .
"In the language of the statute, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," subject to the conditions and requirements of the law. The word "process" is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term "machine" used in the statute needs no explanation. The term "manufacture" refers to articles that are made, and includes all manufactured articles. The term "composition of matter" relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products." This is a quote form the patent law on what can be patented by our American society.
The answer is that all of Monsanto's seeds are patented. ... Another company on the other end of the DNA patenting spectrum is Myriad. ... Gene patents began in the 1980's in the U.S. The patenting rules state that the human genome itself is not patentable. ... This is why patenting DNA needs to come to a halt. ...
The highly anticipated US patent trial between Samsung Electronics Company Ltd. and Apple Inc. began on Tuesday, July 31st. In their opening statements, Apple accused Samsung of intentionally stealing iPhone features and, thereby, infringing on their current patents. ... Samsung then countersued on five of Samsung's own patents. ... If Apple prevails, it will prove the value of its worldwide patent litigation strategy. However, Samsung is arguing that Apple is using their patent strategy to stifle competition and maintain their majority share of the market (Levine)....
Copyright and Patent Fraud Copyright and Patent Fraud by David Lee Roth 12th hon. ... Sweatshops are illegal factories in which patent products are counterfeited for a profit. ... (Wells 1) Logos and products can sometimes be protected from counterfeiting by filing for a U.S. patent, a document that enables It's owner to exclude others from making, selling, or using an invention. ...
In this essay, I will analyze the pros and cons of gene patenting and give my opinion on whether genes should be patented or not, based on the information found. Patents are typically granted for something that's tangible, like a mechanical device. ... Furthermore, "all nine justices of the court agreed that the segments of DNA that make up human genes are not patentable subject matter under section 101 of the Patent Act because they are products of nature." This decision was led by the definitions of the Genetic Code and Patent Code. ... Myriad owns a patent for the BRCA1 gene, a...
A patent is described as "a barrier to entry that grants exclusive use of the patented product or process to the inventor" (Case & Fair, 2003). ... In the United States a patent is in effect for 20 years (Case & Fair, 2003). According to the United States Patent and Trademark Office "a patent gives the inventor the right to exclude others from making, using, offering for sale, selling or importing the invention." Because of this, a company or individual holding a patent can claim market power. ... A patent provides a legal barrier to entry. ...
Patents are the exclusive rights that allow the patent holder to produce or sell new inventions. ... A patent however, prevents this intellectual theft from occurring and the patent is used to defend against theft in a court of law. ... Copyrights are similar to patents in the sense that they can be taken to a court of law as a way to defend the ideas. ... The most common problems arise from patents and copyrights. Patents are becoming increasingly more popular and as the numbers increase more problems occur. ...
Patents cover inventions and innovations (Bassinger 24-28). ... "Patents last only 17 years, but cannot be renewed" (Borenstein 22). ... Also, patent hearings are conducted over a period of three years, and it is not necessary to announce a patent hearing to the public (Del Guercio 22-24). For example, company 'a' might create a software package and then apply for a patent. ... There is an example of this unfair jurisdiction of patent law from Lotus software. ...
This company also holds around 400 different GM seed patents so they are no stranger to the rights and regulations that come with owning such patents. ... This company is under harsh criticism of being unethical by patenting their products. ... The respondents' argument consisted of raising the rule of patent exhaustion by saying that the soybeans could not be controlled by the holder of the patent because they were the subject of a prior purchase. ... (lexis nexis)The Supreme Court upheld the lower courts verdict stating that the holder of the patent should be awarded for damages due to ...
Commercial goods have either patent which are supposed to protect them from illegal duplication. ... One can protect or patent their product, slogan, or logo. In order to do so, their product or mark should be sent to the US Patent and Trademark Office in Washington D C. ... Next, the application is inspected and must comply with the formal patent requirements of the patent laws and rules of practice of the US Patent Office. If the trademark is approved, the Patent Trademark Office will issue a certificate of registration. ...
