QUESTION AND ANSWERS

Write an Answer to 2 Out Of the 3 Questions

Write an Answer to 2 Out Of the 3 Questions

Question 2:

Patent law

Important: Legislative Decree 10 February 2005, # 30 was issued CODE OF PROPERTY, BUSINESS pursuant to Article 15 of the Law of 12 December 2002 number 273. The article 65 provides that where an employment relationship exists with an organization or with a government which has among its aims purpose' of research, the researcher and 'exclusive owner of the rights deriving from the patentable invention of which' author.

The provisions of Article 65 shall not apply in the case of research funded, in whole or in part, by private persons or implemented within specific research projects funded by public entities other than from the organization or administration of the organization to which the researcher belongs.

By using this hypothesis conditions may be otherwise contracted by the organization. Steve can therefore opt for the filing of a patent in his own name, as he was able to come up with the idea of the soap, while working in the lab with 'Soapy Joe's Ltd', but he had developed the invention outside the working relationship. In this case, the conditions would have been like the following:

The organization would not have been responsible for any expense.

The researcher had the obligation to notify the organization in advance about the fact that he was up to something, though, not disclosing any information related to the invention.

Moreover, Steve can file for patent, but the law gives the employer a "right of first refusal" to purchase the patent on the terms and in the manner prescribed by law.

Definition of patent

The patent is the legal instrument by which it is awarded to those who have made an invention the temporary monopoly of exploitation of the invention, consisting of the right to exclude others from imitating or using the product or service. The inventor having the patent has the sole right to make profit in the State grantor, within the limits and the conditions lay down by law. Patent protection can also prevent others from producing, using, marketing, selling and / or importing the product to which the invention relates. Patent means:

Making the contents of an invention public and giving the inventor the right to use, on an exclusive basis for a specified period.

Promote and strengthen the interaction with the industry, in terms of contacts, synergistic interaction, and development.

Lay the foundations for the production of additional income, as deriving from technology transfer product / process patented.

Example on the Law of Confidentiality

On of the main example is the case of Megarry J in Coco v A N Clark [Engineers] Ltd [1969] RPC 41, this law considers the confidentiality of the invention, and the law applies on the release of information outside the existing members. The aboves example of the scenario is provided on the basis of revealing confidential information.

Constitution of the exclusive right

The exclusive right is achieved by depositing with the appropriate agencies of the State, of the patent application and ...