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Friday, 25 January 2013

Patent Nonuse And The Role Of Public Interest As A Deterrent To Technology Suppression

: AuthorPatents are contracts between the society and the inventor to encourage emergence in the field of science and technology . It helps the society by enabling them to utilize this technology , and the inventor by protect his rights and rewarding him appropriately for this intellectual efforts and innovations . Once a homely is presumptuousness by the unmixed section , the inventor has to contribute the imposture by himself or through somebody else by means of an assignment or a licenseThe patent office does non look at the potential commercial grade of the invention whilst giving the patent . The invention should have a specific phthisis and should fulfill what it is meant to do . Many inventions given patents have turned to be commercial failures . However , thither are several instances in which neither the patentee has overworked the invention by himself , nor has he allowed others interested to do so . This is a real serious situation , because it goes against the very tendency of granting the patent . The patent system grants patents only to those inventors who are willing to reveal their invention with others , so that it can benefit societySome patentees may not work their invention due to several reasons , one of which may be to wrongfully hide or suppress technology from the unrestricted . One of the first such cases was the Continental Bag Co v . Eastern Bag Co . case of 1908 . In this case , the patentee had invented a machine that could make a folded bug out with a rectangular bottom . However , he had not made his invention available to the public thus preventing others from work the invention . At that time , this invention was a uncovering , and many people felt bad , because the very intention of giving a patent was not fulfilled .
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No cover rules regarding nonuse of patents and compulsory licenses were pull throughent at that time , and everything was leftfield at the mercy of the patent holder Lower courts as well found that the patentee was illogical . They in fact tried to vomit up a line between `reasonable nonuse policy (inventor unable to use his invention because or some understandable problems ) and `unreasonable nonuse policy (purposefully suppressing technology However , as no concrete rules existed at that time , the higher court had to give its ending in favor of the rightful owner of the inventionMany breakthrough technologies exist which are being currently contain from the public . A plastic that is strong , long-lasting , and can be utilized to make houses that last forever , was granted patents but not accessible to the public by the owner . New no-account for tires is invented which does not blow up . If this technology could be utilized currently , the lives of many people who die in highway accidents could be saved . A new material has been invented for use in toothpastes , which protects the teeth from developing cavities . These technologies are being suppressed due to the anticompetitive intentions of...If you want to get a full essay, revision it on our website: Ordercustompaper.com

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