events involving the “patents war” and the blame-game being played out by the three behemoths‚ namely Google‚ Microsoft and Apple have brought a new issue to the forefront: are patents instruments to encourage innovation or to kill competition? Google claims that the recent acquisition of the wireless giant Nortel’s patent portfolio by an Apple-Microsoft consortium was “bogus” as a $1million deal was finally made at $4.5 million. Google was invited to bid on Nortel’s patent portfolio in early July
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protection of software through the patent system. However‚ due to the special characteristics of software innovation‚ some people consider that patent protection of software would inhibit competition in this field. It is said that software innovation typically involves cumulative‚ sequential development and re-use of others ’ work‚ and that the need to preserve interoperability between programs‚ systems and network components does not fit with the mechanisms of the patent system because the range of options
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Novartis is a Swiss drug maker which produces and sells an anti cancer drug called ‘Glivec’. It had filed an appeal before the Honorable Supreme court of India for the grant of patent of the same. The appellant had first filed an application for patent in Chennai Patent office on July 17‚ 1998. The appeal was filed for grant of patent for Imatinib Mesylate in beta crystalline form which they claimed to be an invention on the following grounds: • It has more beneficial flow properties. • It possesses better
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get that patent. Until that can happen‚ anyone can make a similar drug and get it approved to sell on the market. Making sure the company acts in a proper way is important. When companies merge it may not always be in the best interest of the consumers‚ there is usually a lot of money involved in this deal and many times it’s the customer that will pay in the end. Example 1 1. A drug maker would want to hinder the generic competition of its drug by being able to keep the patent on a drug
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of intellectual properties‚ patent is the most important and controversial issue because of it wide ranging implications to the drugs and pharmaceutical industries of the developing countries.2Patent play an important role in the cost of drugs developed after around 1980. They are‚ of course‚ critical to question raging around the world of how to provide affordable access to drug since without patents there would be far fewer drugs around for people to access. Moreover‚ the patent system is designed to
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Mifflin Company (2009)‚ patent is "the exclusive right granted by a government to an inventor to manufacture‚ use‚ or sell an invention for a certain number of years” (1). The correct implementation of patents into the e-commerce business is vital for the company’s development. “In e-commerce business environment‚ a firm that owns a software patent or MDB patent has‚ in fact‚ an entry barrier in the form of a 20-year exclusive right.” (Lang‚ p. 9) For example‚ for the patent to be made legally valid
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professional body creates a type of monopoly‚ but ensures that standards are maintained. Patents‚ copyright‚ and intellectual property give a monopolist exclusive control of the production and selling of certain goods. A patent is a government licence that gives the holder exclusive rights to a process‚ design or new invention for a designated period of time (usually 20 years). For example‚ new drugs are granted patents that provide the firms monopoly power for a period of time. Copyrights also create
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Question 1: What‚ if any‚ is the likely impact of the Bilski case on future Business Method Patents? The Supreme Court unanimously agreed that Bilski’s method patent for hedging risk in commodities trading did not meet the legal requirements. They also agreed that the Federal Circuit’s "machine-or-transformation" test is not the sole test for what constitutes a process. However‚ the remainder of the decision is divided between the conservative majority and the liberal minority as to whether
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speech code included in Microsoft’s Windows operating system. When Microsoft sent master versions of the software overseas‚ trite them‚ and sold the trite software‚ AT&T sued for copyright infringement. A company is guilty of infringement under the Patent Act if it "supplies...from the United States...apparatus of a patented invention in such manner as to vigorously encourage the combination of such components." Microsoft argued that it was not legally responsible because software code is indefinable
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Case: the LEGO Group: Publish or Protect? Publish‚ Patent or Trade secret? Introduction: The LEGO Group are maintaining their competitive advantage through two main direction which are having more intelligence modular design and product introduction‚ such as new product line and having manufacturing process innovation that can reduce cost‚ shorten manufacturing cycle and improve the product quality. For manufacturing innovation LEGO are introducing new technology into their process. The project
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