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The Pros And Cons Of Patents In The United States

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What are patents you may ask? To begin with, patents “are a property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited time” (Miller 142). It is a form of intellectual property which encourages individuals the development and creativity of their ideas. Patents are concerned with products or process which are new, something of which the public does not know before the patent is filed. Patent rights, although are used worldwide, the laws differ in other countries. (Miller). There are many advantages and disadvantages of patenting procedures from the past and present. In the past, the United States granted patent protection to the first person who invented a given product or process, even though another individual may have already filed for a patent on the same product or process. Now, a new law grants the individual that files, a patent protection. It is important to be knowledgeable in both the advantages and disadvantages of patents before applying. …show more content…

Advantages of having patent protection is it gives you the legal right to intervene others from using your invention. A patent holder can even sell the patent at a price they believe is suitable for the invention. If there is a patent infringement, then the defendant would have to pay the patent holder. There are many consequences of patent infringement, from a lawsuit being filed against the defendant, to reimbursing the patent holder, to covering the damages. With benefits in anything, there are always drawbacks. While patents provided plenty of merit, they require certain conditions. These conditions can prove to be

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Intellectual Property Throughout this paper you will learn of many ethical issues that may arise in relation to intellectual property. Some of these ethical issues come from the fair use doctrine, adverse possession, and patent trolls. The case of Basin Books, Inc. v. Kinko’s relates a copyright infringement, where Kinko’s tried to use the fair use doctrine, but was not given this right due to the four factors not weighing in favor of Kinko’s. The importance of protecting intellectual property weighs heavy on the growth of our economy and in numerous other areas. Intellectual property gained protection starting with the Copyright Clause of the Constitution.

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To help overcome this technology transfer problem, Congress added a monetary incentive for the inventor. In the statute, Congress made it a requirement to give a percentage of the royalty that resulted from the licensing of the invention to the inventor for his personal and his laboratory’s benefit. By giving the inventor a share of the royalty for the licensing fees, Congress believed that this would incentivizes the inventor to help with the transfer of the technology. This has had some influence on the inventor but Congress through its incentives for technology transfer has inadvertently caused the universities to establish Technology Transfer Offices (TTO’s) which help academics “exploit knowledge-based business ideas” and lower barriers

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Noveck announces, “...[T]he United State Patent Office will be rolling out universal, complete, and total openness, so that all patent applications will now be open for citizen participation, beginning [in 2012]” (Noveck). The first phase will possibly work since the majority of citizen want to control. The 21st century has many methods to be heard either through petitions or social medias. Now, the United State Patent Office can receive better information from scientists and technologists to make better patent laws. The first phase is the easiest out of the two.

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According to ECPs, patents accepted their recommendation more than one third of the

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The first con of net neutrality is that it will prevent competition in the free market. If the internet is regulated by the government that will stifle the free market because if every company if forced to compete on a level playing then the best business won’t be able to rise to the cream of the crop through natural competition. If one ISP raises their prices then that person can just switch over to the company with cheaper rates. A free market is healthy not only for businesses but for the overall economy as well because it will force other companies to have step their game up in order

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Each of these areas of law plays a crucial role in shaping how businesses operate, compete, and innovate, as well as in protecting consumers, employees, and the overall market (Lau & Johnson, 2011). Nevertheless, striking a balance between regulation and freedom for businesses is essential to promote economic growth and ensure that businesses can adapt to evolving environments (Teacher, 2013). Antitrust laws protect consumers and ensure fair competition, while employment laws regulate employer-employee relationships and protect workers' rights (Chen, 2022; Fishman, 2019). Intellectual property rights promote innovation and protect inventors, but they must be carefully balanced to encourage follow-on innovation and avoid hindering competition (Wiens & Jackson, 2015). Consequently, the continuous improvement and adaptation of laws in response to changing business environments are

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Making sure the idea is plausible to apply for the patent Toronto patent office is one of the most important things when we are trying to get the patent for any particular project. We will have to make sure that the project that we are asking the project for is actually acceptable and will add something to the world. An invention that the government finds liable to support and the people will also find it important enough to justify the Government’s decision. Like NASA always runs the company on patent services and makes sure that they make the invention plausible enough to be acceptable by all the people in the world. However, it is not always necessary for the inventors to make sure the invention is accepted by the entire world; rather, they will have to make sure that government that is paying them up, are satisfied with the invention.

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Every year up to 2,68m patent applications are submitted worldwide [1] and the wealth of technology contained in patent documents cannot be rated high enough. Handling intellectual property necessarily involves the process of correctly describing the innovation in the body of the most important part of a patent document, - patent claims, the only part of a patent that defines the scope of inventor’s rights. Linguistically, the claim is the most difficult information carrier due to the restrictions that Patent law imposes on the claim structure. The claim is to be written as a single albeit very complex and long sentence, with a well-specified conceptual, syntactic and stylistic/rhetorical structure that is extremely difficult even for patent

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The freedoms that are hindered by these entities are the freedom to enter or not enter into a particular transaction by denying them any alternative and the freedom to not be affected by transactions in which you do not partake (Friedman, 1975). A monopoly deprives the consumer of the freedom of exchange; the consumer is forced to transact with a sole seller. Monopolies themselves come in different forms and deciding which monopoly will do less harm to the people, the monopolies need to be studied on a case-by-case basis. Most monopolies can be dealt with anti-trust laws to prevent them from coming to existence. Furthermore some monopolies need the government to stop supporting them in order to terminate its existence.

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The IDEA legislation was adopted in 1975 and amended in 2004. It can be a complicated piece of legislation for those who are not educated, luckily there are several websites that can simplify what rights a child has, these are all the pros. The first right is free appropriate public education (FAPE) under this legislation every child with a medical disability is entitled to FAPE with an emphasis on services meeting a child’s “unique needs”. The second right is appropriate evaluation, if a school professional is concerned that a student between the ages of 3 and 21 maybe have a disability impacting their learning, IDEA requires evaluation to be performed by a team of professional that are trained and knowledgeable. This allows for children to receive services if they qualify in a timely manner.

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How Intellectual Property Rights Can Protect Intellectual Property Intellectual property acts as the foundation of innovation in most of states. Government granted rights incentivize creativity and discovery by providing creators with an opportunity to get profit from the value of their innovative work. In exchange, the creative work is made public so that others may also get benefit from the work of the original creator. Laws protecting intellectual property also reduce the transaction costs between inventors and industry by providing information about the quality of the invention without harming the ownership of the idea. IP rights protect the ownership of not only a tangible objects but also interest in intangible objects, such as the idea behind the invention; the name or logo used to brand a product.

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If an invention fails to meet one of these qualifications, it cannot be patented. Once the patent is granted, it is valid for twenty years. Once the twenty years are over, the invention will enter public domain. This means that anyone can produce and sell the invention. On the other hand, there is also copyrights.

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