Patent law

1. Introduction Patent law is used to restrict and prevent others from using an invention, giving the owner exclusive rights for a certain period of time. Per s 18 of the Patent Act 1990 (“the Act”), a standard patent has four requirements. The focus of this essay will be on s 18(1)(d), ‘secret use’. The rationale behind this is to effectively prevents a patentee from extending the monopoly date. If secret use is breached before patenting, patentability may be destroyed. However, the introduction of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (“Raising the Bar Act”), a grace period exists. The Raising the Bar Act clarifies that “any use of the invention … for any purpose” is not secret use. While section 9 provides for actions that are deemed not to be secret use, there is no clear definition of secret use in legislation. This essay will explore Azuko Pty Ltd v Old Digger Pty Ltd (2001) 52 IPR 75, one of Australia’s seminal patent law cases in relation to the definition of “use”. 2. Azuko Pty Ltd v Old Digger Pty Ltd (2001) 52 IPR 75 2.1. Facts The initial proceedings were brought from Old Digger Pty…

When people think of the patents they automatically think protection. A closer examination of patents connected to the field of software indicates that companies are abusing patents, which demonstrates an undermining of the integrity of patent law. Currently many powerful companies retain a great quantity of patents and this is leading to an unfair situation in the software world. One person can hold a patent and this prevents other from creating something even better if it is remotely seen as…

The efficacy provision in the Patents Act of 2005 for India was necessary because it prevented other medications that were a new form of an existing drug from being patented. Any company trying to introduce a new medication was required to show proof that the medication had more effectiveness than an existing drug. In regards to the patent provisions in India, the provisions were put in place for many different reasons. In 1970, India Parliament adopted a new Patent Law that prohibited foods…

How has US Patent Law influenced Innovation? Technology has sculpted and carved the legacy of the United States. Early agricultural gadgets, stemmed American Agriculture. Cities and capitals of commerce were forged by the advancement of industrial factories. Computerization and expansion of invention has, “given rise to a nation of services” (Thompson). Fears of a future “World Without Work” have spurned from an exponential development of these technologies, but concerns have arisen that a…

One of the toughest and not resolved legal and ethical issues in the field of patent law is thought to be the establishment of ‘the optimal means of distribution among biomedical researchers and their research participants of any rights in commercial products and revenues derived from human tissue’ (Gitter p.261). In consists in the fact whether a patient is granted a property right to a cell-line, particularly tissue, extracted from his body. Tissue itself is defined as ‘a collection of cells…

In Delnorth Pty Ltd v Commissioner of Patents the Commissioner pursuant to s.97(2) of the Patents Act 1990 (Cth) (“the Act”), re-examined the standard patent of Delnorth Pty Ltd (“Delnorth”) for roadside posts and exercised the power under s.101(1) of the Act to revoke a standard patent wholly or partially. A standard patent may be revoked under s.101(1) of the Act on the grounds that, when compared with the prior art base, it was not novel or it did not involve an inventive step. Delnorth…

Patents: A patent is a type of intellectual property granted by the federal government to a scientist or an organization that invented a new device, software, process, etc. to exclude others from the right of making, selling, or using an invention for the term of the patent as many as 20 years. The patent should be completely new, which is not obvious to the scientists of the same level and should have an immediate use for public. Also patents cannot be from the nature and world physical laws.…

NO regulation on Patent Trolls A patent troll is a person or a company which uses its patent to sue other people or companies for money. Normally, the patent trolls which also known as NPEs (non-practicing entities) or PAEs (patent assertion entities) do not produce offer products or services with their patents. They just retain their patents. Recently, Hyundai, which is the South Korea’s vehicle company, has been struggled with a Paice, which is the U.S.’s company. The Paice is a notorious NPE…

Berry, the Atanasoff-Berry Computer, had many enemies. Were these enemies what ultimately lead to its untimely demise? The Atanasoff-Berry Computer (ABC) is claimed by many to be the first modern digital electronic computer. Whether or not this is true; at the very least it was a precursor to ENIAC, the computer that most people who are not on the side of the ABC, consider the first digital electronic computer. This discrepancy on the title of first modern computer lead to patent arguments, law…

According to the required readings, (Findlaw, 2015) "A patent permits a patentee to exclude others from making, selling, or using the patented invention and from importing the patented invention or an article made by a patented process into the United States". Based from my findings from the "Readings ", Utility patents provide protection for useful inventions, which may be processes, machines, articles of manufacture, or compositions of matter. Its logical that Jimmy applies for a Utility…