• Read:

READ CHAPTERS 1 AND 4

Jennifer Davis. Intellectual PropertyLaw Core Text. Vol. 4th ed, OUP Oxford, 2012.

https://trine.on.worldcat.org/oclc/903552464

READ CHAPTERS 11 & 12

Rimai, Donald S. A Guide forImplementing a Patent Strategy : How Inventors, Engineers, Scientists,Entrepreneurs, and Independent Innovators Can Protect Their IntellectualProperty. John Wiley & Sons, Incorporated, 2018. https://trine.on.worldcat.org/oclc/1078996653

ASSIGNMENTS:

Participate:

Week 6 Discussion: Writing thePatent Application

Torts are civil or legal injury to aperson or property caused by a breach of a legal duty. In the field ofintellectualproperty torts that arise usually involve the violation of a patent,trademark,copyright, or other protection that has been granted to an item ofintellectualproperty by another. Intellectual property rights are sacrosanct in theUnitedStates system of governance. The US Constitution itself addresses theneeds for intellectual-property reading in part that Congress shall“promote the Progress of Science anduseful Arts, by securing for limited Times to Authors and Inventors theexclusive Right to their respective Writings and Discoveries”.

Whatshould this constitutional directive mean though in practical terms?

Undercurrent US patent law inventors can apply for a patent that grants them amonopoly and exclusive right to make, use, or sell an invention for 20 years. Patentscan be granted for inventions, designs, or processes (software patent). Inprevious weeks we have discussed issues related to granting patents for seedsand plants. Amazon.com once had a 20 year patent (now expired) over the “one-click”check out process making them the only e-commerce website that could allowcustomers to click a buy now button and make a purchase in one click withouthaving to re-enter payment and shipping information. Any other website thatwanted to do this was forbidden or had to pay a licensing fee to Amazon.Copyright law now offers protection for the entire life of the author plus anadditional 70 years for their creations.

In this discussion provide youropinion about intellectual property law in the United States. Does it go to faror not far enough? Are people able to seek patents and intellectual propertyprotections for things that should not be able to be patented or protected? Dothe protections for some things last too long? Consider all of the readings wehave had in the course thus far in formulating your response. Describe whatchanges if any you would make to intellectual property laws in the UnitedStates.
In your two responses to your peers, respond to your peer’s analysis and discusswhat if anything they concluded that was different than what you concluded aswell as what was similar. Follow up with your own post regarding the same.

Discussion Rubric

Initial discussion board posts aredue by Wednesday at 11:59P EST.

Two further reply posts are due bySunday at 11:59 PM EST

Written Assignment:

Handbook Writing the Application

The final step in securing a patent is to write the actualcomplete patent application. This week you will be drafting the section of thethe handbook that speaks to the final actual process of writing the patentapplication once it has been determined that it makes sense to pursue a patentfor an invention and that the invention is unique, valid, and worthy of protection.In writing the patent application care must be paid towards how the inventionis described and how to write the patent application with your competitorsneeds in mind. You want to make sure your patent empowers you and your businessand stymies efforts by your competitors to bring about an identical product.

Your job in this assignment is to play the role of a patentengineer manager and provide guidance to the other patent engineers yousuperviseabout writing the patent application. Make sure to describe the actualprocessof writing the patent application once it has been determined that apotentialpatent claim is unique, valid, and worthy of intellectual propertyprotection. Your response should be 1,000 to 1,500 words in length.