Essays Essays FlashCards. Browse Essays. Show More. As illustrated above, for legal rights to attach to intellectual property, it must also be of a kind susceptible of ownership by an individual or entity, so that it can be treated as property. For example: -dealing with discoveries, it is obvious that one could not own exclusively a naturally occurring substance such as iron. By its nature, it must be capable of belonging to anyone, and to the public at large.
You cannot prevent others from using a new element simply because you discovered it although you could keep it secret and use it to your advantage and the law would protect your right to do so. You could not call a beverage "soft drink" and prevent the public from using those words. Many and different kinds of things result from intellectual activity and are properly considered intellectual property attributable to specific human activity by way of creation or discovery.
Meaning And Importance Of Intellectual Property Philosophy Essay
For example: -abstract concepts, such as the idea of protecting buildings from lightening by intercepting it above the building and grounding it. Read More.
Words: - Pages:. Essay Intellectual Property Law : Patents had an original idea, but you are afraid the competition might steal it? Words: - Pages: 6. Essay Law Regulating Intellectual Property Rights Regulation barriers prevent institutions from professionally developing technology and processes that are critical for green supply chains. Words: - Pages: 3. Words: - Pages: 5.
The text of the paper should be no less than 5, words and no more than 10, words, including footnotes.
Short essay on intellectual property right
The manuscript should not identify the author and should not have been published or accepted for publication. These rules are applied strictly. The author of the paper should be no older than 35 years of age as of December 31, When submitting your Essay, please confirm in the accompanying email that you meet this requirement. Although, based on the mosaic rule, the collection of previous documents and information to create a new invention will not be barred from receiving patent protection.
From looking at the above breakdown of what an individual has to prove in order to establish a valid patent, it is clear to see that the issue of novelty is central to most patent decisions. As a general rule, an invention is not novel if the amalgamation of features has already been anticipated in a previous disclosure.
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In this case, it was held that for there to have been that degree of anticipation, there must firstly have been a disclosure and there must secondly have been the element of enablement. That is, based on the disclosure, the suitably skilled individual receiving the details of the process would have been able to replicate the process disclosed. Pulling together both of these elements will allow the court to decide whether or not the patent before them is novel or not. Let us first consider the element of disclosure.
ATRIP Essay Competition 12222 for young researcher in intellectual property law
When it comes to determining whether or not the specific invention has been previously disclosed, the question is not whether the prior disclosure was for an item of similar utility, i. In deciding this matter, courts have stated that in order to be a conflicting patent, the situation previously disclosed must be so close to the new invention that the utility gained by the new invention would be a practical certainty.
This suggests that in order to establish a valid objection to a patent application on the basis of a prior disclosure, it would have to be shown that the prior invention was inextricably linked in terms of function to the new invention. Therefore, even if something similar has been previously disclosed, provided it is not close with the degree of inevitability that is required, the patent application will not necessarily fail on the basis of not being novel.
Impact of the intellectual laws
A general disclosure of a possible process does not impact on the novelty of an invention; however, where there is a series of processes, each individual process could be the reason for a future patent application failing, due to lack of novelty. Secondly, there is the element of enablement. This means that whatever has been disclosed must be sufficient for a person, skilled in the relevant art, to copy or replicate the process or invention. This enablement provision should be thought of separately to the disclosure, as in the case of disclosure the information must be sufficient for a skilled individual to understand the disclosure.
For the purpose of enablement, the skilled person must be capable of actually utilising or at least trying to utilise the relevant invention. When it comes to determining whether or not the invention is novel, therefore, several issues need to be considered.
Distinctions Between Intellectual Property Laws
It is not simply a matter of determining if something similar has ever been made public. It must have been made public with sufficient clarity as to allow the invention to have been understood and put into effect by another third party. The patent, therefore, in order to gain protection, must offer a solution to a situation that has not been possible to achieve before and not simply a fanciful possibility of a solution given enough further experimentation.
The pharmaceutical industry as a whole has been one of the most litigated and dynamic areas in relation to the test of novelty.
Inc changed the way in which UK courts look at the test of novelty in relation to medical products. Prior to the Actavis case, it was thought that a new dosage or way of taking a particular drug could not be seen as novel; this has now been reversed by the Court of Appeal. In this case, it was held that a new regime for taking medicine could constitute a novel invention for the purpose of obtaining a valid patent.
Furthermore, the court dealt with the issue of obviousness, stating that it had to be obvious at the date of priority, not before or after, to defeat the patent, on this basis.
The leading case of Merrell Dow v. Norton and Penn, commonly referred to as the Terfenadine decision, held that when looking at a pharmaceutical process the definition of new had to be applied to the actual processes and not to a new result or outcome. In this case, it was held that although Merrell had discovered a new reaction from Terfenadine, it was not novel as the composition had previously been disclosed to the public albeit not for that specific purpose.
This produces an interesting position. Based on this judgment, it would seem that whether or not the process or invention produces a solution for a previously unsolvable issue is irrelevant; the issue is whether the actual matter itself has been disclosed. The focus of the test is on the physical items and not on the resulting outcome. This leads us on to consider how important the actual resulting process or invention is to the determination of whether or not it is patentable.
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Aside from the requirement of novelty, the process or invention must involve and innovative step.