1. You and your assistant Igor have just created Frankenstein. Describe your strategy to protect the intellectual property, including reasons for selecting your choices and not selecting others.
If I were to select an intellectual property protection for Frankenstein in order to protect it as valuable corporate asset, I would carefully analyze the costs and benefits of each form of protection and decide what type of intellectual property protection I want for my creation.
I would like to file for a patent application with the government since it allows exclusive rights to the invention. It is a novel invention involving the creation of human life by piecing together a human dead body, the parts of which have been collected from various
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I can protect it through employment secrecy agreement between myself and my assistant Igor. A trade secret is a plan, process, formula, or any other valuable information not patented but which gives its possessor a competitive trade advantage as long as it is kept secret .While the benefits of strong patent protection for 17 years seemed appealing, the down-side is that the secret recipe would be publicly disclosed and would be free for anyone to duplicate once the patent expires. While a patent protection might have been sufficient for a typical product of average market life span, I think Frankenstein is no ordinary/ average product. Therefore I want to give it the longest lasting protection available - protection that simply is not affordable by a patent. Moreover, there’s no substantive difference between patents and trade secrets.
I don’t think this invention can be a copyright since it’s not an artistic creation or printed matter like literary, dramatic, musical work.
I wouldn’t choose a trademark protection, since it not apply to the invention. A trademark typically includes a symbol, word, or words legally registered or established by use as representing a company or product.
2. You are the FDA’s cGMP inspector in Transylvania. What potential issues would have to be resolved in Dr. Frankenstein’s lab with his process for the creation of his creature?
As a cGMP inspector, I would
I strongly believe that the creature made by Victor Frankenstein is indeed very human. I say this because he shows many human traits. Some of these traits are that he can feel complex emotion's and he has a higher intellect than most animals such as humans. In this essay I will also discuss multiply reasons some might use as evidence to support the claim that he is not human and why they are not sufficient to make the conclusion that the creature made by Frankenstein is not human.
To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.
Frankenstein had the idea that creating these creatures was not just an advancement in his knowledge but an advancement to nature around us, because of this everyone should “owe [our] being[s] to [him]”(55). With Frankenstein’s technological point of view, he fails to see the horror he is about to animate. Before the monster had been brought to life Frankenstein had suppressed his repugnance for his monster. Frankenstein ignores his repugnance all the way til “the dull yellow eye of the creature open[s]” and “breathless horror and disgust filled [his] heart”(58). Frankenstein finally regains his repugnance after months of ignoring it, but in order to see his repugnance, he had to create a monster of “breathless horror and disgust”(58). Frankenstein is the fictional example of his warnings of the repugnance of cloning come to life.
He is in constant refusal of responsibility, and ends up essentially plaguing not only his life, but also the lives around him. After constructing and animating the creature, he’s in a flux never ending negative emotions. The creation gets turned into a monster both physically and mentally. Frankenstein describes the horrors that come along with scientific experimentation, and the pursuit of science unavoidably leading to tragedy. The novel presents insights that are just as valid today as when the novel was written in the 19th century. Dr. Frankenstein makes a scientific breakthrough in his creation of the monster, but at what cost? This novel shows us the dangers of attempting to find something we are simply unprepared to manage. Victor’s urges to truly learn the secret of making life completely blinds him to the consequences of achieving such a feat. This book also shows that our ethical (or unethical) actions have the potential to hurt not only ourselves, but also others around us.
Frankenstein has become a symbol in contemporary society. Upon hearing the name, one might imagine a tall, muscular green man with short black hair, a flat head, and two bolts pierced on both sides of his neck. Although that is the Frankenstein present now, the modern Frankenstein is only an adaptation of Mary Shelley’s original creature. Shelley’s Frankenstein, 1818, is a gothic novel in which she tells the tale of a man creating life. This creation of Victor Frankenstein’s monster eventually hurt the people he held dear. Following the popularity of the book, James Whale directed Frankenstein, in 1931, which started the movement of Frankenstein’s contemporary image. While in comparison to the novel’s questionable identity of the monster,
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).
Right now, in most countries it is illegal to go past certain growth points in the process of making and growing living things. Chimeras are only permitted to mature to twenty-eight days. Frankenstein ends up putting the brain of a criminal into his creature. This altered the monster’s behavior to be like the criminal that originally had the brain. Victor made mistakes when constructing his creature.
Frankenstein was a story written by Mary Wollstonecraft Shelley while she was on her vacation in Switzerland with her husband. The story got published in 1818 without letting the public about the author. It was in 1831 when the novel revised edition was out and Mary Shelley name mentioned as an author. The novel focused on social, cultural and political facet of the societies during Mary’s lifetime. The fictional character in the novel clearly shows the battle against the pre-established people’s attitude during that time. Religion and science always create a controversy in the society with religion always differencing from any scientific principles and experiments. Shelley’s tried to addresses the above controversy and showed how science and modern technology is sometimes wrong. She tried to show how scientists and inventors are sometimes selfish only care for achieving their plan without evaluating the end result.
Though the books were published almost seven decades apart the monsters in Frankenstein and Dr. Jekyll and Mr. Hyde share many similarities: They were both created in laboratories by European scientists for somewhat morally suspect purposes, both were outcasts of society, and murdered characters secondary to their creator. Even in their final days they followed a similar archetype by taking the lives of their creators before ending their own. One should ask the question why these stories have stood the test of time while countless others fall by the wayside.
Many years has passed since the novel “Frankenstein” was published for the common readers, yet it gave a huge impact in the society’s point of views and beliefs about what kind of monster Victor Frankenstein created. Even in the present days, the novel has influenced in many ways on how to shape the opinions of the society in the present. Although, it has many argumentatives elements, they are all based on how the monster develop in the story from a victim to a villain.
The novel of "Frankenstein" by Mary Shelley has been a prominent horror symbol in our culture for many decades. Victor's creation of the monster has characteristics that are not easily viewed by the public. Clearly, this topic plagues the whole novel, as the creature lies at the focal point of the activity. Eight feet tall furthermore, revolting appalling, the beast is discriminated by society. Victor's giant outcomes not just from his bizarre appearance yet in addition from the unnatural way of his creation, which includes the undercover activity of a blend of stolen body parts and peculiar chemicals. However, his heart comes from a good place since he
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
Copyright protection extends to expressions and not to ideas . Originality is the threshold standard of requirement of copyright. The case Walter v Lane [1900] AC 539 expounded the three essential elements (labour, skill and judgment ) of originality. The court adapted to sweat of brow test with no element of creativity require to make the work original. Copyright can be granted if a work is created through the effort of an individual despite the work containing statement of facts and no creative input by an author.
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:
Intellectual property is critical to many companies in order to foster innovation and boosting their revenues. Many industries rely on the protection of patents, trademarks and copyrights as they are valuable assets for companies’ success. By protecting intellectual properties, it ensures that the original owner reaps full benefits from his/her ideas, features, products and creations.