LAW ASSIGNMENT The aim of this essay is to asses the “ttools” case study (Kellog School of Management, 2006) and decide what would be the best alternative for the Hazzards to rely on, considering these alternatives: competition, negotiation, litigation or other. In order of being able to asses this case, it is important to understand certain terms. These are: Patent: “a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.”(1) A patent registration may only be approved if the invention is new, if it is an inventive step (something not obvious to a person skilled in the art) and it must be capable of …show more content…
On the other hand, choosing to compete is very risky for ttools because we have to take into account that if Palm takes the advertising of the Throttle from the monthy newsletter, it will be very dificult to reach pottential customers of our product. Also, as previously mentioned, as IDEO is a well-known firm, with a high market share and with much more budget than ttools, they can afford to spend substantial amounts of it to promote the product and reach more customers or to try to develop it and add innovative features or a different design that customers will be more likely to buy. Besides, as IDEO is a very important and well perceived company, more users or potential customers may rely on their products. Conversely, ttools cannot afford to fail in their marketing strategy (which is very limited) or in the development of the Throttle pen; otherwise ttools will probably lose everything. Negotiating with Palm ttools wanted Palm to distribute the their pen/stylus device, apart from trying to expand the marketing, including the device on each Palm PDA and trying to get Palm to recognize its patent and therefore, sign a licensing agreement. However, all the discussions with Palm concerning these issues had come to a standstill (Kellog School of Management, 2006). As a result, ttools should change their requirements in order to achieve negotiation with Palm. The patent and licensing agreement matter should be left aside and not mentioned again, since Palm, as
To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.
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.
TechMall’s revenue streams are rather simplistic. They receive a $750 one time set-up fee from all new merchants added into the TechMall system and a $50 statement fee, or maintenance fee, per month from all members. In addition, they receive a fee on each sales transaction, which is variable based on the dollar volume of the merchant’s transactions. TechMall’s standard pricing schedule indicates this revenue stream to be in the form of a 2% commission on all items sold by member merchants with a maximum commission receivable of $200.
Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
A patent is a legal document giving inventors the property right to their own invention. A patent didn’t always mean the rights to an invention though. A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the patent is used only for the rights to your invention. Virginia Alexandrea from The United States Patent and Trademark Office wrote the article “General Information Concerning Patents” where she described what Patent rights include.
Article I, Section 8 of the U.S. Constitution provides the federal government with the power to issue patents and copyrights in order “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries” (U.S. Const. art. I, § 8). A patent provides the inventor with an exclusive right to “use, license or sell and invention,” (U.S. Const. art. I, § 8), as such the product, service, process or design becomes the personal property of the inventor(s).
The vice principal notified T.L.O'S mother and turned the evidence of drug dealing over to the police. They took T.L.O down to the police station where she admitted to selling marijuana on school property. T.L.O was charged as a juvenile with criminal activity, Based on T.L.O’s confession and all the evidence in her purse that state of New Jersey brought charges against her. T.L.O attorneys said the evidence of drug dealing found in her purse could not be used as evidence in court because it was obtained through an illegal search and seizure. T.L.O argued in juvenile court that her fourth amendment rights against unreasonable search and seizures had been violated.
In a high school in New Jersey, a teacher found two girls smoking in the bathroom and alerted the principal. One of the girls confessed to smoking but the other, T.L.O., didn’t confess. The principal searched T.L.O’s purse and found marijuana which clarified she was selling as well as smoking. T.L.O. was taken to the police and confessed to her actions. Since she confessed and had evidence in her purse of the crimes she’d committed, New Jersey charged her. In a court for juveniles, T.L.O. claimed that her Fourth Amendment rights, not allowing unreasonable searches and seizures, were violated. The court believed the school, and T.L.O. then went to the New Jersey Supreme Court with her case, which agreed that it was an unreasonable search and
As the last assignment, this is an integrative case. Please refer to all previous chapters that may be applicable. The case analysis is worth 60 points.
If you have been struggling with this question then an answer to your problem, if not plight, has been found which I am going to describe below.
The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.
Brief solution of all problems that is indicated to be occur will be made in advance.
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 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:
Please use the following questions as guideline to prepare the case: (Follow instructions in outline except those mentioned below..