Guide of Patent Protection

If you are employed as a scientist or as a company do research anywhere in California, including cities where biotechnology and other medical science is being studied or where research takes place, especially the areas around cities such as Irvine, Orange County, San Diego, Los Angeles, La Jolla, Riverside, Fullerton, San Francisco, Santa Barbara and other cities where there are universities or large research projects taking place in the U.S. and throughout the world, you know that patent laws and patent licensing is acting as a barrier to medical and biotechnology research and preventing advances in science.

 

It doesn’t take a California patent attorney or lawyer to say how the world’s patent system is today acting as a barrier to medical and biotechnology research that could solve many of today’s worst diseases and preventing breakthrough treatments, medicines and even new seeds for better crops.

 

A new report has come out after a seven year study and confirmed what most patent licensing lawyers, medical researchers and biotechnologists have known for years. The patent system in force worldwide is broken and preventing breakthroughs in science.

 

Without a means for sharing information, blocking patents are causing delays in developing advances in cancer medicine treatments and in the development of new food crops.

 

The report performed by a Canada based partnership cited as examples of medical advances being delayed as those of HIV/Aids drugs and cancer screening tests.

 

Of concern to scientists is an increasingly bare medicine chest of new life-saving medicines that are critical not just to the developing world but to the industrialized nations as well to address disease. New food crops are also lagging behind that could help address hunger.

 

And while stem cell researchers apparently patent the most, they collaborate least according to the report.

 

What happens is that “blocking patents” act as barriers to research and advances in biotechnology that could advance cancer treatment, new medicines and new crops.

 

When biotech firms race to file a “fortress” of patents around newly discovered genes, research by their competitors is effectively blocked.

 

Another example given by scientists is work on genes that cause breast cancer in European countries that has been held up by patents held on specific genes by one biotech company in the U.S. With patients in European countries unable to meet the cost of certain cancer screening tests, they have been effectively denied access to such tests.

 

A recommendation of the report is that companies should be allowed to form “patent pools” where they could cross-license their patented technologies without losing royalties from their patents. It is also recommended that governments develop other public and private partnerships to conduct joint research.

 

The criticism of the current patenting system is that it acts more as a barrier than as an incentive to research and the development of medical or other biotechnological breakthroughs.

 

When a patent office grants dangerously broad patents, entirely new areas of research, such as in the field of nanotechnology, can be cut off.

 

So long as intellectual property and patent laws act as a barrier from others utilizing and expanding upon one scientist’s research, the laws will prevent scientists from making advances that can benefit mankind. This lack of sharing is preventing biotechnology from becoming the field that it once promised. 

 

If you have a patent legal issue in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Patent Lawyer and your Palm Springs Patent Attorney. Be sure to hire a California law firm with patent and licensing lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you need to file for a patent or have an patent legal issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

Patent - Discussion and Suggestions

This is the article contains some valuable doubts and answers for those doubts about Patents and related with Intellectual Properties. This article looks like the open discussion about the Patents and patenting the new invention. If you are a person, new to the Patents or other then the patents related professional, here you can clear your all most possible doubts about legal Patents. This article had written in the type of question and answer format.

Question 1: What is mean by Patent?
It is an exclusive monopoly granted by the Government various countries to an inventor over his invention for limited period of time. It is one of the legal document explains about the new invention used to protect the inventors idea using various claims.

Question 2: What is the difference between Patents and Exclusivity?
Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims.

Question 3: What kinds of Inventions can be patented?
An invention must be of practical use; it must show an element of novelty, that is, some new characteristic that is not known in the body of existing knowledge in its technical field. In many countries, scientific theories, mathematical methods, plant or animal varieties invention, discoveries of natural substances, commercial methods, methods for medical treatment (as opposed to medical products) and software programs are generally not patentable.

Question 4: Who can obtain the Patents?
An inventor or company assigned by the inventor can obtain.

Question 5: What kind of Protection does a Patents offer?
Patents protection means that the invention cannot be commercially made, used, distributed or sold without the owners consent/written permission. If any company/person wants to use that invention, they may need to buy that rights or to give royalty to that owner.

Question 6: How many inventors can joint together in a single application?
If the invention inventing by a group of people or a team means, they can joint together and make a application for that as an inventors.

Question 7: Can a person get this right for other persons invention?
Yes, a person assigned by the inventor can obtain rights for that inventors invention. Here the original owner is that assigned person, but the inventor name only present in the inventors column. If a person try to get a right for an invention without the knowledge of inventor is illegal.

Question 8: How a patents application get filed?
The inventor or his assignee obtains a Patent by filing a application to the Patent office in the stipulated forms as required by the act of that country.

Question 9: Who checks the novelty features of the invention?
An examiner of country office checks the novelty features of the application with the current state of the art available.

Question 10: Which invention qualifies for the grant of that invention?
It is granted only for the invention, which is new and has industrial applicability.

Question 11: Why an inventor should go for a patents right?
If the inventor does not get the rights for his invention and introduce his product/process based on his invention in the market, any body can copy his invention and exploits it commercially. To debar others from using, selling or working out his invention, the inventor must go for getting legal rights.

Question 12: Why does the Government encourage filing of patents filing?
Innovation, research and development activities of the particular country place the important roll in the technological development, industrial and economical growth of that country. So that, the government is encouraging the innovation and filing of that.

Question 13: When will the rights get expire?
It can expire in the following ways:
1. It has lived its full term i.e. the term specified by the act of the country. Generally it is 20 years from the date of filing.
2. The patent assigner has failed to pay the renewal fee.
3. The validity of the granted application has been successfully challenged by an opponent by filing an opposition either in the Patnets office or in the courts.

Question 14: What is the different between a Country issuing patents and World Intellect Property Organization?
World Intellect Property Organization is a specialized agency of the United Nations. The patents issued by World Intellect Property Organization are agreed by so many nations who are all the member of this organization. But it granted by a country patents office is applicable within the geographical boundaries of that country only like a US Patents is applicable within USA only and has no effect in other countries.

Question 15: Is there any International/Global patents office?
No. There is no International or Global Patent. An inventor has to file an application in each country, where he seeks to protect his invention.

Question 16: Is there any International/Global law for Patents?
The Patent Cooperation Treaty is an international law treaty, concluded in 1970. It provides a unified procedure for filing patents applications to protect inventions in each of its Contracting nations. But some countries and organizations only accepted this patents law for their invention patenting procedures.

Question 17: Can a person get a patents for his invention, which has already published in the National/International journal?
No. A patent is not granted to an invention if it is already available with the public either in the form product/literature/common knowledge. But many countries have some limitations like if the inventor publish his invention and put application within that year is acceptable. But this time limit may vary depends on each country. US time limit is within that publishing year; the inventor can apply for rights for his invention.

Question 18: Who is responsible to ensure that the patents has not been infringed?
It is the only responsibility of the assigner to see that someone else is not infringing upon his invention. So the prior art searches and previous analysis is important for every inventor and attorneys to make their invention be a unique.

Question 19: Does a assigner get money once a it has been granted to him/her?
No. A assigner does not get any kind of money over the grant. The issuing government/granting authority will not give any money to the assigner. Rather the inventor has to spend lot of money to get the rights over his/her invention and also to spend some money to maintain it.

Question 20: Does a assigner sell his right to any person/company?
The assigner has all the rights to sell his invention exclusively/not exclusively to any person/party/company or he may choose to sell his invention for a royalty.

Question 21: Is any rule, only the attorneys do the draft?
No, the inventor himself can draft the application. But that application should be in the acceptable format of the particular issuing country/organization. A look on the closely related applications already filed/granted, will render help to a great extent.

Questions 22: How would you know about your application status?
The Patent Office will answer an applicants inquiries about the status of the application, and inform you whether your application has been rejected, allowed, or are awaiting action by an e-mail/direct letter.

Questions 23: Is the country office assist the inventors for developing and marketing of their inventions?

No. The Office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The Office, however, will publish for a fee, at the request of a owner, a notice in the Official Gazette.

If you are employed as a scientist or as a company do research anywhere in California, including cities where biotechnology and other medical science is being studied or where research takes place, especially the areas around cities such as Irvine, Orange County, San Diego, Los Angeles, La Jolla, Riverside, Fullerton, San Francisco, Santa Barbara and other cities where there are universities or large research projects taking place in the U.S. and throughout the world, you know that patent laws and patent licensing is acting as a barrier to medical and biotechnology research and preventing advances in science.

 

It doesn’t take a California patent attorney or lawyer to say how the world’s patent system is today acting as a barrier to medical and biotechnology research that could solve many of today’s worst diseases and preventing breakthrough treatments, medicines and even new seeds for better crops.

 

A new report has come out after a seven year study and confirmed what most patent licensing lawyers, medical researchers and biotechnologists have known for years. The patent system in force worldwide is broken and preventing breakthroughs in science.

 

Without a means for sharing information, blocking patents are causing delays in developing advances in cancer medicine treatments and in the development of new food crops.

 

The report performed by a Canada based partnership cited as examples of medical advances being delayed as those of HIV/Aids drugs and cancer screening tests.

 

Of concern to scientists is an increasingly bare medicine chest of new life-saving medicines that are critical not just to the developing world but to the industrialized nations as well to address disease. New food crops are also lagging behind that could help address hunger.

 

And while stem cell researchers apparently patent the most, they collaborate least according to the report.

 

What happens is that “blocking patents” act as barriers to research and advances in biotechnology that could advance cancer treatment, new medicines and new crops.

 

When biotech firms race to file a “fortress” of patents around newly discovered genes, research by their competitors is effectively blocked.

 

Another example given by scientists is work on genes that cause breast cancer in European countries that has been held up by patents held on specific genes by one biotech company in the U.S. With patients in European countries unable to meet the cost of certain cancer screening tests, they have been effectively denied access to such tests.

 

A recommendation of the report is that companies should be allowed to form “patent pools” where they could cross-license their patented technologies without losing royalties from their patents. It is also recommended that governments develop other public and private partnerships to conduct joint research.

 

The criticism of the current patenting system is that it acts more as a barrier than as an incentive to research and the development of medical or other biotechnological breakthroughs.

 

When a patent office grants dangerously broad patents, entirely new areas of research, such as in the field of nanotechnology, can be cut off.

 

So long as intellectual property and patent laws act as a barrier from others utilizing and expanding upon one scientist’s research, the laws will prevent scientists from making advances that can benefit mankind. This lack of sharing is preventing biotechnology from becoming the field that it once promised. 

 

If you have a patent legal issue in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Patent Lawyer and your Palm Springs Patent Attorney. Be sure to hire a California law firm with patent and licensing lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you need to file for a patent or have an patent legal issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

If you are employed as a scientist or as a company do research anywhere in California, including cities where biotechnology and other medical science is being studied or where research takes place, especially the areas around cities such as Irvine, Orange County, San Diego, Los Angeles, La Jolla, Riverside, Fullerton, San Francisco, Santa Barbara and other cities where there are universities or large research projects taking place in the U.S. and throughout the world, you know that patent laws and patent licensing is acting as a barrier to medical and biotechnology research and preventing advances in science.

 

It doesn’t take a California patent attorney or lawyer to say how the world’s patent system is today acting as a barrier to medical and biotechnology research that could solve many of today’s worst diseases and preventing breakthrough treatments, medicines and even new seeds for better crops.

 

A new report has come out after a seven year study and confirmed what most patent licensing lawyers, medical researchers and biotechnologists have known for years. The patent system in force worldwide is broken and preventing breakthroughs in science.

 

Without a means for sharing information, blocking patents are causing delays in developing advances in cancer medicine treatments and in the development of new food crops.

 

The report performed by a Canada based partnership cited as examples of medical advances being delayed as those of HIV/Aids drugs and cancer screening tests.

 

Of concern to scientists is an increasingly bare medicine chest of new life-saving medicines that are critical not just to the developing world but to the industrialized nations as well to address disease. New food crops are also lagging behind that could help address hunger.

 

And while stem cell researchers apparently patent the most, they collaborate least according to the report.

 

What happens is that “blocking patents” act as barriers to research and advances in biotechnology that could advance cancer treatment, new medicines and new crops.

 

When biotech firms race to file a “fortress” of patents around newly discovered genes, research by their competitors is effectively blocked.

 

Another example given by scientists is work on genes that cause breast cancer in European countries that has been held up by patents held on specific genes by one biotech company in the U.S. With patients in European countries unable to meet the cost of certain cancer screening tests, they have been effectively denied access to such tests.

 

A recommendation of the report is that companies should be allowed to form “patent pools” where they could cross-license their patented technologies without losing royalties from their patents. It is also recommended that governments develop other public and private partnerships to conduct joint research.

 

The criticism of the current patenting system is that it acts more as a barrier than as an incentive to research and the development of medical or other biotechnological breakthroughs.

 

When a patent office grants dangerously broad patents, entirely new areas of research, such as in the field of nanotechnology, can be cut off.

 

So long as intellectual property and patent laws act as a barrier from others utilizing and expanding upon one scientist’s research, the laws will prevent scientists from making advances that can benefit mankind. This lack of sharing is preventing biotechnology from becoming the field that it once promised. 

 

If you have a patent legal issue in Irvine, Orange County, La Jolla, San Diego, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Patent Lawyer and your Palm Springs Patent Attorney. Be sure to hire a California law firm with patent and licensing lawyers who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.

 

If you need to file for a patent or have an patent legal issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.