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Intellectual Property
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Patents For Inventors - Your Questions Answered
Are you confused about what a patent is and whether you should get one? This is primer for beginning inventors that answers your most commonly asked questions. Questions include what is a patent, what is patent pending, what protection does a patent provide, should you keep your invention secret, and more. A must-read for inventors at all experience levels.
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Intellectual Property and Copyright Laws
Just as one owns physical property and real estate, Intellectual Property (IP) allows people exclusive ownership of their creativity and innovation. It gives these people control on their innovations for which they are rewarded and encouraged to create further for the benefit of others.
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PPC Ads Face A New Trademark Limitation
A federal court ruled last week that it is not only a trademark violation any longer to use another company’s trademark to deceive search engine users in the paid ad headline. The court has further ruled, that you can not purchase a trademark as a keyword to bring up your paid listing on Google, Yahoo, MSN and other search engines.
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5 Ways to Protect Your Idea-for Less than $30
Every day thousand upon thousands of ordinary people become inventors. They devise new ideas, improve old ones, and enhance the world around them. But they all have one
thing in common. The vast majority will never act on their idea because they can not afford the cost for a Utility patent. When you consider that the average cost for a strong Utility patent is
around $5,000 it is no wonder.
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Selecting Business Names and Intellectual Property Law
An information technology & intellectual property lawyer steps through some common provisions of software license agreements and software development contracts. Includes explanations of the purpose and effect of particular clauses in software and technology contracts.
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Contracts That Work! Bankruptcy
The vendor of your No. 1 mission-critical application has filed for bankruptcy.
Your contract gives you the right to terminate immediately.
Can you enforce that provision?
This article explores that difficult question in clear, direct English and offers concrete suggestions for improving your IT and IP contracts and ensuring that you continue to receive the services you need, when you need them.
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Intellectual Property: Patents – Drafting with Reasonable Care and Skill
In the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill.
Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the body of the specification so that the text and drawings conformed to the main claim.
After grant of the patent, Unilin sued three defendants for patent infringement. The defendants counterclaimed, arguing that a piece of prior art (Yoichi) had not been cited against the patent.
On 26 September 2003, the court held that Claims 1-19 of the patent were invalid in respect of the prior art Yoichi but Claims 20 and 21 were valid and infringed by the defendant. Unilin claimed damages for past infringements and costs.
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Intellectual Property
Intellectual property (IP) is a valuable asset to companies in the biotech, life sciences, healthcare, medical technology and related industries. Utility patents are often the most valuable IP belonging to small and emerging companies.
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Intellectual Property: Trade Marks - Goodwill
In Newman Ltd v Adlem (2005), the Court of Appeal held that there was a duty on the seller of a business not to undermine the goodwill attached to that business (if included in the sale) even after the non-competition covenants in the sale agreement had expired. Goodwill is an intangible asset valued according to the advantage or reputation a business has acquired.
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Intellectual Property: Patent Infringement
In the case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005), the claimant, the proprietor of a European patent for a pump and control system, brought proceedings against the defendant for patent infringement. The patent is for a pump for delivering solvent under pressure to high-pressure liquid chromatography columns. In particular, the patent relates to the control of the flow rate of the pump by altering the stroke volume and the frequency of reciprocation of the pistons.
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