who is this guy? patent law what is a patent? congress says: the right to stop people from using...
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Who is this guy?
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Patent Law
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What is a patent?Congress says:
The right to stop people fromusing your invention.
Who can you stop?“whoever without authority makes, uses, offers to sell, or sells any patented invention.”
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Who gets the patent?Congress says:
The first inventor.
Volunteers?
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Who gets the patent?
For example: malaria vaccine
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What if you want to build a new drug?
In 2003:
Average development cost: $802M
Average development time: 7.5 years(from clinical testing to marketing approval)
Average number of patents: 3.3 patents
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The Congress shall have Power . . . .To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The ConstitutionArticle I, Clause 8:
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Trademark
Copyright
Trade Secret
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What is patentable?Congress says:
“any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement”
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What is patentable?Congress says:
“anything under the sun that is made by man”
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What is patentable?What do you say?
(1) Newton’s law of gravity?(2) Einstein’s E=MC2 ?
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What is patentable?What do you say?
(3) A genetically engineered bacterium capable of breaking down crude oil?
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What is patentable?What do you say?
(4) Toupee?
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What is patentable?What do you say?
(5) “Electronic apparatus having game and telephone functions” ?
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What is patentable?More requirements:
NovelUsefulObvious
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Famous patent case“The Sunken Ship”
Inventor: Karl Krøyer (Danish)1960’s
Invention:
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1. Non-infringement2. Invalidity
Famous patent case“The Sunken Ship”
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Donald Duck, “The Sunken Yacht” (1949)
Famous patent case“The Sunken Ship”
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Famous patents•Thomas Edison’s light bulb•Alexander Graham Bell’s telephone•Frederic Auguste Bartholdi’sStatue of Liberty