Under traditional patent law, an invention is entitled to monopoly protection for 20 years. This protection allows the inventor to prevent others from using, selling, or making the invention. In order to qualify for this monopoly, an invention must be novel, nonobvious, and useful. Novelty is defined as being new. Novelty can be defeated if there is prior art, such as the invention is previously revealed in a publication, or if it was shown to a public before the patent was registered. To be nonobvious, an invention must have an inventive step that makes it different from similar previously registered inventions. And, of course, the invention must be useful to those that utilize the invention.
The global biotechnology sector is rapidly expanding. This expansion is leading to more discoveries and innovations than ever before. The field of biotechnology is based upon the controlled and deliberate manipulation of biological systems for the manufacture or processing of useful products. Biological systems are living cells and their cellular and molecular components. Genetic splicing was modernized in 1971 by Paul Berg, a professor at Stanford University in California. The study of biotechnology wad further enhanced by Herbert W. Boyer from the University of California and Stanley N. Cohen from Stanford. Boyer and Cohen advanced developed a way to transfer genetic material by encasing it in bacterium. The ability to transfer genetic material is crucial to the ability to reproduce the material making the process of manipulating genetic material commercially viable.
When you come across something you are interested in what do you do? For me, I research the topic to find out more as it leads to expanding my knowledge, understanding, and interest. This is exactly what happened when I researched the law regarding patents, what defines a patent and why it is important to get protection for your inventions.
My first sense of curiosity into patent law was the design of the Dyson vacuum cleaner, invented by the British inventor and industrial designer, Sir James Dyson. I remember seeing the vacuum cleaner for the first time and being amazed at a vacuum that does not need a bag. My curiosity grew from there.
Cannabis is legal for recreational or medicinal use in almost 30 states, and this number is likely to grow. However, cannabis remains illegal under federal law. As a result, the United States Patent and Trademark Office (USPTO) will not register trademarks for retailers of cannabis, or for products that contain cannabis.
However, what is especially interesting is that the USPTO will grant patents involving cannabis and its derivatives. More simply put, cannabis is patentable. Examples of cannabis-related patents include drug formulations, methods of treating sickness and disease with cannabis, and even cannabis plant patents. So why is cannabis patentable, even though federally it is illegal?
A study published by Boston University in 2012 found that over $29 billion of direct costs were generated by patent troll patent assertions. Further, it is estimated that these costs ballooned to over $80 billion, once the stock market reacts to such litigation. “Patent trolls,” or Non-practicing entities (NPEs), can be either a company or individual who essentially purchases patents, but has no intention to develop and market a product arising from that patent.
The U.S. Patent and Trademark Office (USPTO) has been in the news lately regarding reform and how we can overhaul the process for patents to ensure that it is fostering innovation and not stifling it.
As it is today, the US patent and trademark office issues patents that have terms that are too broad and vague, give patents for too long, and require too much effort to understand. The way things are working now it is all too easy for patent trolls to take advantage of a patent for monetary gain than it is for inventors to get the protection they need and deserve.
Late CEO of Apple Steve Jobs has been in the news lately for the large number of posthumous patents that have been won. A total of 141 patents have been awarded to Steve to be specific. The brilliant mind of Jobs are still being realized since his death in 2011.
Even before you establish a brand, there are steps you can take to protect your intellectual property.
Part of the International Trade Commission (ITC)’s job is to protect U.S. industry by monitoring foreign imports. The ITC can prevent goods from entering the country—including for infringement of IP. And it can issue only one remedy for infringements—an injunction. No money, just exclusion orders that stop violators in their tracks. And this is exactly why legitimate businesses and questionable businesses alike have raced down the road to the ITC.
What does that have to do with money-grubbing patent trolls?
Incessant discussions on the TPP (Trans-Pacific Partnership) on Wikileaks focused on the Intellectual Property Chapter and the Pharmaceutical Industry. Concerned parties such as “Doctors Without Borders” disagree with the agreement for having an underlying “anti-generic” effect, whereas, the Obama administration pledges to encourage economic development and innovation of the pharmaceutical industry.
A major requirement for patentability is non-obviousness. However, tests for obviousness have changed as of recently. Through discussion of the Supreme Court case, MacDermaid v. DuPont, this article seeks to shed a light on obviousness and its effect on pharmaceutical patents.
Why get up and throw trash in the can, when you can toss trash anywhere and the can moves to you? The Smart Trash Can does just that, with help from a sensor and computer, the can knows where your trash will fall and moves by itself to catch the trash before it hits the ground. A Japanese engineer, Minoru Kurata, created the Smart Trash Can that uses a wall-mounted sensor to pick up the direction of the thrown trash.
A closer look at U.S. granted utility and design patents between 2005 and 2015.
The billion dollars app boom is far from being over! A recent study carried out by GIGAOM for the European Commission (https://ec.europa.eu/digital-agenda/en/news/sizing-eu-app-economy) shows how apps are going to substantially contribute to the future global economy and how app developers are going to take the global lead. It is important, for app developers, to know how to obtain protection for their ideas at first, and in the end for their developed apps.
An emerging push in India toward the patenting of cow urine may help shed a light on pharmaceutical patent policy and healthcare.