Project Report
Topic
“Doctrine of Equivalents”
Submitted By-
Arjit Benjamin
Roll No. -07
LL.B 3 yrs
6th Semester
Submitted to-
Mr. Mayank Kapila
Amity Law School, Noida
Introduction
The doctrine of equivalents is a legal rule in most of the world 's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
At the very outset, before discussing the doctrine of equivalents, it is necessary to understand the backdrop of the legal framework surrounding patent infringements across different jurisdictions. It is prudent to note that the patent laws of all countries specify certain minimum conditions, which need to be fulfilled, prior to the grant of the patent by the concerned authority. As far as India is concerned, the law governing issue of patents and claims as regards their infringement is the Patents Act, 1970.
Since the doctrine of equivalents is primarily concerned with infringement, the author deems it necessary to discuss the nuances surrounding infringement in some detail at this juncture. Along with the application for patents, a written description of the invention is provided to the authority concerned. Along with the specification, under Section 10, the applicant should also provide the patent office with one or more claims that distinctly describe an invention.
Article 1, Section 8 covers patent and copyright but it is specifically noted that the protections under these definitions are not automatically
Protection of intellectual property are investments based on acquired knowledge, thought and effort by one or multiple individuals on behalf of themselves, the business they work for when the property is created, and a financial investment. Each of these – acquired knowledge, thought, physical effort, financial investment – have a value that can be attached as it relates the usefulness or importance of the resulting product. That value will have a level of importance to the individual(s) creating the product and if applicable, the investor providing the funds in support of the creation.
A forum applies its own choice of law approach. So here North Montana will apply the Second Restatement of Conflicts of Laws as the state follows that approach. Under the Second Restatement, three main steps need to be considered: 1) whether the conflict is procedural or substantive, 2) whether a choice of law provision in a contract should be applied, and 3) the application of a choice of law rule. Here, it appears that the choice of law provision selecting Old York should be applied because none of the exceptions to the general rule apply.
Proponents of patent reform largely focus on the cost of patent infringement litigation to the U.S. economy and companies. While some argue that the type of patents issued should be limited in order to uphold the intent of Article I, Section 8, others claim that standards for issuing patents should be strengthened in order to reduce the number of costly patent infringement lawsuits. The cost of litigation and standards for issuing a patent is the focus of the proceeding text and justification for patent reform in the United States.
The mirror image rule under the common law provides that an offer by the offeror must be accepted precisely the same and without any modifications by the offeree in order to constitute a valid acceptance. Whereas, under the Uniform Commercial Code, an acceptance that does not match the terms of the offer is still considered valid for formation of a contract so long as the material terms of the original offer are agreed
The separate but equal doctrine was put forth in 1868. It promised the idea of an equal representation and protection under the law, no matter the race of an individual. People of color were reduced to separate bathrooms, railroad cars, restaurants, and even schools from whites. The mere revulsion of the idea that individuals were forced to be divided from others due to the distaste of one race towards another only scrapes the surface. The other issue, is that these separate facilities weren't so “equal”. The schools for colored folks had shortages in books and resources. The bathrooms were often grimy and malfunctioned. As shown currently in Plessy vs. Ferguson and Brown vs. Board of Education, this “Separate but Equal” doctrine was simply an excuse to allow racism and bigotry to thrive.
In this brief, I am going to prove to you, the judges and the court, that Officer Raymond’s initial stop is objectively justified under the Fourth Amendment and the New Setonia Statute. Because the truck was old, Officer Raymond’s experience being a police officer, and Mr. Jackson’s making movements towards the glovebox while Officer Billy was approaching the car, this proved there was reasonable suspicion to stop the car. Additionally, even if Mr. Jackson’s car was not a commercial vehicle, there were enough other factors pertaining to search of the truck that made the mistake of law objectively reasonable. Based on all of the facts and the evidence listed in the case, the state of New Setonia is going to win.
African Americans were granted full citizenship, by the Fourteenth Amendment, in the year of 1868; segregation did not end until almost a hundred years later, in 1964. The “separate but equal” doctrine allowed segregation as long as blacks and whites had equal facilities. During the time of “separate but equal” many debated whether this doctrine was constitutional or not. The monumental Supreme Court cases Plessy vs Ferguson and Brown vs Board of Education shaped America’s society by deciding the constitutionality of the “separate but equal” doctrine.
Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non-members on tribal land. Indeed, most sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe’s status, as domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non-members on tribal land.
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while
In this paper, I intend to describe the inner working of the household in Greek civilization on three levels: family, city, and cosmos of gods. To achieve this goal, we will look into Bacchae by Euripides, and Oresteia by Aeschylus. Bacchae shows the workings of the house of Cadmus, a royal family, whose actions directly affect their city. This family tree includes a god, and is strongly affected by the will of the cosmos, through Dionysus. Oresteia is a play of three parts. We see the families dysfunctional interactions, and how they impact the city over time. We also see how the gods have an influence on these characters lives throughout the events that happen. Overall these interactions lead to the undermining of Greek civilization through death and destruction.
There is just a one person who sells products or services and there are no incentives which help to break this monopoly. There are many monopoly industries in the market. In monopoly, they use patents because they don’t like if someone’s copy their inventions.
Most studies on bullying focus on the negative aspects, pointing to the extreme cases such as when the victim commits suicide. However, there is another side of the story (lead-in statements). Bullying can be beneficial, more so for the victim than the perpetrator (thesis). The perpetrator is playing into a predictable pattern of using power to seek social status and psychological control, or perhaps as a result of mental illness as Wente points out. Focusing too much on the reasons why bullies do what they do, researchers, parents, teachers, and children have forgotten to focus on the most important issue: how to turn bullying into a positive (stance). Bullying is not going away; it is something that adults do to each other and it seems to be built into social patterns and modes of communication universally. "The anti-bullying crusade has been around for years. Yet, kids still torment kids as much as ever even more than ever, now that they can do it around the clock in cyberspace," (Wente). Human nature is mean. By viewing bullying from the perspective of self-empowerment, it becomes possible to mitigate the many problems that bullying causes without resorting to useless interventions such as legislation, policies that are overly tough on bullies, or on assumptions about the victims. Bullying can be an opportunity for growth and maturity, for positive psychosocial development, and for self-esteem building (essay map).
In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations:
Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.