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Intellectual Property Law - Essay Example

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UNDERGRADUATE/POSTGRADUATE DEGREES COURSEWORK FRONT SHEET Details to be completed by the Module Leader/ Internal Examiner MODULE TITLE: Intellectual Property Law MODULE CODE: LECTURER: ISSUE DATE: 26th September 2011 HAND IN/PRESENTATION DATE: 13th December 2011 Module: Intellectual Property Law Part A: Response Trevor’s Rights under the Patent Intellectual property is a subset of law dealing with protection of certain rights congruent to development of original works…
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Download file to see previous pages In a different perspective, intellectual property rights cover identification marks used by companies in order to protect malicious use of the same. Such protections are in place with an aim of encouraging new inventions, innovations, and technologies, which is vital for growth of both a nation or a society and the global economy. Examples of such intellectual rights include copyrights, patents, trade secrets, industrial designs, and trademarks. These rights depend on the form and type of invention or innovation that an individual attains. In the above scenario, Trevor discovered a drug that can cure common cold. In this case, Trevor’s discovery qualifies for a patent as one of the intellectual property rights. Millennium compound has been in existence for long yet no one used it to invent a drug for curing common cold. It is therefore wrong to assume that since Millennium compound has been in existence, someone was going to use in at some point to come up with a drug for curing common cold. ...
Since they are not co-owners of the idea, Trevor has a right to obtain the patent right under his name. In a scenario where Trevor will allow the professor to have patent under his (professor) name, then Trevor should forget about such rights as provided for within intellectual rights. Therefore, it is important that Trevor fight for his name to be used for obtaining such patents rights since without that then he (Trevor) is unlikely to benefit from the same rights. After all, patent rights according to UK Patents Act 1977, Section 3 2the only person who enjoys patent rights of an invention is one whose name is used in success application and approval of the same rights. Patentability Requirements Under the United Kingdom’s Patent Rights law, there are specific requirements that an inventor must adhere to in order to apply successful for a patent right against his or her invention. Some of the conditions that should be in force include having an element of novelty, invention involving an inventive step, invention having practical use, and the subject matter must be accepted as patentable within the United Kingdom’s laws. Novelty is the most vital prerequisite for any patent right to be successful completed under the UK law. Under the UK law, novelty requirement states that for an invention to acquire patent rights it must be new. According to the UK Patents Act 1997 Section 2(1)3, a new invention is one that does not take any part of the ‘state of the art’ within a reasonable time just before patent application date. In this regards, the ‘state of art’ refers to the entire information or matter made available to members of the public ...Download file to see next pagesRead More
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