Enforcement,patents,Normal,fal law Enforcement of patents
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}Generally speaking, Patents can onlybe enforced through civil lawsuits (for example, for a U.S. patent, by anaction for patent breach in a United States federal court), although somecountries (such as France and Austria) have criminal punishments for willful infringement.Typically, the patent owner will seek monetary compensation for past breach,and will seek a restriction stopping the defendant from engaging in future actsof breach. In order to prove breach, the patent owner must set up that theaccused infringer practices all of the requirements of at least one of theclaims of the patent (noting that in many authorities the scope of the patentmay not be restricted to what is literally stated in the claims, for exampledue to the "doctrine of equivalents").An important restriction on theability of a patent owner to successfully assert the patent in civil litigationis the accused infringer's right to challenge the legacy of that patent. Civilcourts hearing patent cases can and often do declare patents not valid. Thegrounds on which a patent can be found not valid are set out in the relevantpatent legislation and vary between countries. Often, the bases are a subset ofthe requirements for patentability in the relevant country. Whilst an infringeris generally free to rely on any available ground of invalidity (such as aprior publication, for example), some countries have permissions to prevent thesame validity questions being relitigated. An example is the UK Certificate ofcontested validity.RationaleThere are four main acts alive inthe patent system: to invent in the first place; to unveil the invention oncemade; to invest the sums required to experiment, produce and promote theinvention; and to design around and improve upon earlier patents.1. Patents provide motivation for economically efficientresearch and development (R&D). Many large modern corporations have annualR&D budgets of hundreds of millions or even billions of dollars. Withoutpatents, R&D spending would be much less or eliminated altogether, limitingthe possibility of technological advances or breakthroughs. 2. In accordance with the original meaning of the term"patent," patents facilitate and encourage disclosure of creationsinto the public domain for the common good. If inventors did not have the legalprotection of patents, in many cases, they would prefer or tend to keep theirinventions secret. 3. In many industries (especially those with high fixed costsand either low insignificant costs or low reverse engineering costs computerprocessors, software, and pharmaceuticals for example), once an inventionexists, the cost of marketing (testing, tooling up a factory, developing amarket, etc.) is far more than the initial conception cost. (I.e. the internal"rule of thumb" at several computer companies in the 1980s was thatpost-R&D costs were 7-to-1).
Enforcement,patents,Normal,fal