The Patent Act Of Barbados 2001 Essay

To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.

Alongside the entrepreneur spirit, Innovation is the process of taking new ideas and implementing them into the market. Key word being “new”, an innovation can be sometimes viewed as the application to better solutions that meet new demand-requirements, inarticulated needs or existing market needs. Innovative ideas range from: goods, services, products, processes, services, technologies or ideas that create value for which customers will pay for. For an idea to be an innovation, it must be replicable at an economical cost and must satisfy a specific need. This means is that one must be ready and willing put their new idea to the test. On the other hand, there is recognition that “innovation is also critical to cultural, environmental, social, and artistic progress as well” (Bullinger, 2006). With this stated, high-tech innovation is ultimately the reason why we can be thankful for the many new conveniences of the 21st century. Although we might see the forefront of innovation being very prominent in today’s world, innovation is truly nothing new. From the start of modern man times, innovative ideas have paved the way for civilization to advance and develop into what we are today and at the same time, we have barely begin to chip away at the tip of the iceberg of our true human potential. Some scholars believe that innovation is a

In the year 1790, the United States had begun to make a name for itself. The United States was ending its own revolution and the world was evolving around it. The country’s new found freedom created a need for self-reliance. The United States was out to prove its worth, that its institutions, democracy, and military were worth the efforts of so many. During this time the number of inventions created throughout the world was astonishing. Inventions like: the cotton gin, batteries, cupcakes, crackers, gas turbine, and bicycles are just a few inventions that were created during this time period. Donalad W. Banner, U.S. Commissioner of Patents and Trademarks, wrote The Book of Knowledge where he explained that before the patent was created

Article 1, Section 8 covers patent and copyright but it is specifically noted that the protections under these definitions are not automatically

A patent gives the authority to deny people the right to use, make or sell the invention. You can only patent an invention if it is completely new and not an adaption of an invention already present in the market, and if it can be made or used.

In the United States, patent-eligible subject matter includes four statutory categories as defined by 35 U.S.C. § 101 of the U.S. Code. Specifically, these four categories include “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” In 2014, the U.S. Supreme Court in Alice Corp. Pty. Ltd. v. CLS Bank Int’l further expanded

Jan.–June Developed a new product, incurring $230,000 in research and development costs. A patent was granted for the product on July 1. Its useful life is equal to its legal life.

Second, to ensure a maximum benefit to the public, drafters included a federal “March-in Right”. If a university “has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention[,]” the government may invoke its march-in right. Under this provision, agencies can require a university or exclusive licensee of a subject invention to license the subject invention to any responsible applicant.

For an invention to be patentable it should be novel, not obvious and useful. Novelty means the invention must not have been made public prior to the application for a patent. If an invention is already available to the public it cannot be patented. It is not only important that the idea is new but it should also not be obvious. An invention is considered obvious and ineligible for a patent if an individual with ordinary skill in the relevant field would consider it obvious. The third requirement is that the patent should be useful. This means that the invention should have practical utility. In Bernard and Rand’s case, their invention is not novel because it only manipulates an existing idea. Additionally, their invention solves a mathematical problem that is obvious to an individual with ordinary skills in the field. Their invention is not patentable because it does not satisfy the requirements for patentability (Henry

§101 cases are a particularly vexing subject for currently practicing patent attorneys. Specifically, there is a high state of flux with respect to patentable subject matter, causing uncertainty not only for attorneys, but also for inventors, investors, and engineers, whose life blood depends upon the patent system. A “101 conundrum” has resulted from Supreme Court’s creation of ineligible categories of patentable subject matter. These categories are: abstract ideas, laws of nature, and naturally occurring substances . The Supreme Court has neglected to define these categories , and attempts to define them have been rejected . While determining whether a claimed invention is directed to an ineligible category or not should be binary and

Any invention that is new and is applicable to an industrial application may be protected with a patent (so long as the Inventive Step Requirement is met). The patent must enable something to be transformed for the benefit of man towards an immediate satisfaction of a specific need. In other words, ideas cannot be patented, instead processes that result in a final use can be patented and protected.

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

Innovation is normally used to denote the process that takes place when a product or a process is developed, from idea to market; the concept of invention only denotes the process that takes place when new ideas or solutions are generated. Baumol (2002) argues “is it possible to have lots of inventions and still lack innovations. Nevertheless, inventions are a necessary precondition for innovation”.

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.

The concept of product patent for pharmaceutical products is likely to make life saving medicine beyond the reach of the poor and deprived section of the society around the world.