The Right Of The Inventors With The Rights Of A Public

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a) The patent system attempts to balance “the right of the inventors with the rights of the public.” (A.Brewer) The purpose of this was to encourage scientific progress while rewarding inventors the ownership of their ideas for a period of time and the right of the public to use these ideas to create new inventions. An example of this is the HIV medication. Recently the CEO of Turing Martin Shkreli, decided to increase the price of their life saving pill from $13.50 to $750 to recuperate costs of research and development. Due to the patent filed that prevents competitors from replicating the drug, Mr. Shkreli was able to do this. However this large price hike has eft his competitor scrambling to find an equally comparable drug now that…show more content…
The America Invents Act has shifted the power of intellectual property towards large companies who have the ability to file provisional patents before individual inventors or smaller companies can file.
d) The obviousness contention of patents takes four primary concepts into consideration after Graham et al. v. John Deere Co.: 1) the scope of the prior art, 2) the level of ordinary skill in the art, 3) differences between the new inventions and prior art, 4)Evidence of not being obvious. These contentions of obviousness have since been expanded by KSR v. Teleflex. This introduced the idea of a person having ordinary skills in the arts. Subsequently this shifted the litmus test to if a person with ordinary skill in the arts are given the elements of the invention would they be able to replicate the invention without any help.
e) Provisional patents provide a party the ability to “file” first and allow the inventor a year to develop the provisional patent to convert it to either a utility, plant or design patent. The content is never disclosed which allows another parties to file on the same content without the first parties knowledge. The provisional patents must detail the design of the invention and cannot simply be an idea.

6. Abiomed Inc. used the HUD/HED FDA pathway to gain marketing approval for its AbioCor artificial heart system. Thinking about the highly invasive nature and the
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