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An invention must meet several requirements to be eligible for a patent. The invention must concern patentable subject matter. [5] The invention must be novel and the application for a patent on the invention must be timely. [6] The invention must be non-obvious. [7] Finally, the invention must be sufficiently documented. [8]
The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems. [6] Supporters of intellectual property laws often describe their main purpose as encouraging the creation of a wide variety of intellectual ...
Although this statement is superficially similar to intellectual property clauses in the constitutions of other countries, the US patent system has several peculiarities: This clause is interpreted as giving the primary IP rights only to individuals (i.e. "inventors") rather than to organizations (see Stanford University v.
The English patent system evolved from its early medieval origins into the first modern patent system that recognised intellectual property in order to stimulate invention; this was the crucial legal foundation upon which the Industrial Revolution could emerge and flourish. [14]
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
If the requirements for the award of a filing date are not met, the patent office notifies the applicant of the deficiencies. Depending upon the law of the patent office in question, correction may be possible without moving the filing date, or the application may be awarded a filing date adjusted to the date on which the requirements are ...
Intellectual Property: Law & the Information Society. Cases & Materials Archived March 13, 2016, at the Wayback Machine (First Edition, 2014) James Boyle and Jennifer Jenkin. Toward a Fair Use Standard. Pierre N. Leval (103 Harvard Law Review 1105 (1990)).
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) also sets out specific provisions that shall be followed if a compulsory license is issued, and the requirements of such licenses. The TRIPS compulsory licensing framework was originally enshrined in its entirety within Article 31.
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