Chapter 9 Intellectual Property October 27th 2014 9 2 Patents Learning Objectives Understand what a patent is as well as the different types of patents that exist Learn the criteria required for an item to be patentable Explore the controversial issues surrounding patents Examine patents infringement and its consequences Understand boundaries and limitations on patent rights Patents Federal right granted to inventors for processes machines and compositions of matter o Utility Patent Most common type of patent awarded for inventions or improvements to methods processes machinery and compositions of matter o Plant Patent Unique patent right granted to inventors of new forms o Design Patents Unique patent right granted to protect the look not of plants functionality of an invention o Patentee Holder of patent Image of Utility Patent Plant Patent Is it asexual Design Patent Patents Patents Compulsory Licensing Scheme used by countries to force pharmaceutical drug licensing in light of a medical emergency o Compulsory licensing is when a government allows someone else to produce the patented product or process without the consent of the patent owner It is one of the flexibilities on patent protection included in the WTO s agreement on intellectual property the TRIPS Trade Related Aspects of Intellectual Property Rights Agreement Prosecution of patents To apply for and argue on behalf of patents before the U S Patent and Trademark Office USPTO Not all items are patentable o Artistic works can be copyright protected o Otherwise patentable subjects that are not useful or items that are offensive to public morality are not patentable Confer the legal right to exclude others from making using or selling the patented product o Consistent with the Copyright Clause of the U S Constitution which grants inventors the exclusive right to their discoveries For others to legally make use or sell the patented product they would have to be granted permission by the patentee o Accomplished through a licensing agreement in which the patentee authorizes others to sell make or use the product Patentability of life forms is a contentious issue Controversial issues surround the patents granted to genetically modified plants and pharmaceutical drugs USPTO and Patents USPTO grants property rights to patentees within the United States its territories and possessions Attorneys who wish to prosecute patents must have an engineering or science background and pass a separate patent bar exam When an application is filed the USPTO assigns a patent examiner to decide whether the patent application should be approved While the application is pending the applicant is permitted to use the term patent pending in marketing the product o Patent Pending Label claiming patent protection for an application not yet granted Even after a patent has been issued by the USPTO however the patent is merely presumed to be valid If someone challenges a patent in a lawsuit final validity rests with the U S federal courts o Patent Infringement Violation of a patents holder s rights o Defense to a patent infringement claim is to challenge the validity of the patent Patent holding company Sole purpose is to acquire patents and sue potential infringers Known as patent trolls
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