Even though, many companies and organizations told us that patenting is good, but there are many people still take a skeptical attitude. Because, they think patent protection will hamper further innovation. In some specific areas, the early discovery could become essential knowledge. If the follow-on inventors want to study those areas, they have to be licensed first. For example, in the case “Alnylam Pharmaceuticals: Building Value from the IP Estate”, the Tusch1 patent is a fundamental patent of
The requirement of novelty strives to make certain and guarantee that a grant of patent would not be not issued if the invention is already known by the public or the invention is already possessed by the public. In Synthon BV v SmithKline Beecham the subject matter that the court was to determine was whether a prior disclosure swashed the requirement of Novelty of an invention the subject of later application.[ ] The facts of the case is this, using the Patent cooperation Treaty on June 10
another example of “path to success” story,, is based on a real-life example of a Greek chef who opened a restaurant in Germany, where the director was a regular customer. The young entrepreneur and a scandalously known chef form a team to reform a cheap non-classy cafe Soul Kitchen, which, after a few innovative changes, gains a lot of popularity in town. The film is not only an interesting restaurant story but also a re-consideration of food preparation and
patent. In order for something to be patentable, the invention or improvement must be new, useful, and non-obvious. LunarEx’s request to solely patent the Helium-3 lunar isotope does not meet all of the these requirements. The United States patent law gives rights to the inventor of a process, machine, article of manufacture, or composition of matter as long as that invention is new, useful, and non-obvious. Patents are also meant to encourage innovation and creativity in society. I am going to base
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 eligibility is very similar to the test of non- obviousness i.e. the invention should have technical advancement as compared to existing knowledge. The significant improvement in efficacy will always be in comparison to the existing product. The format of IPR and the provisions made on the TRIPs Agreement