Trade Secret
provided it is not based on information
in the public domain
limitation
is statutory grant the protects creators
of intellectual property from having their work copied by others of any purpose.
Purpose
Drawback
Patent Grants
1. The congressional intent & patentlaw
(machines, devices, methods)
2. Where is patent granting determined ?
3. What
FACTS :
(1) Parke-Davis (P) sued Mulford (D).
Because (D) made and sold a similar product.
(2) (D) appealed, claiming that the patents were invalid because the patents were only for a degree of purity and not a new “composition of matter.”
35 U.S.C. 101 Inventions patentable. - PatentLaws
35 U.S.C. 101 Inventions patentable.
Whoever invents or discovers any new and useful p
patent troll
“Some people call this ‘trolling’
after the old story where trolls sit under the bridge and say,
‘Give me a gold coin or I’ll eat you.’”
-Jay Thomas, a professor of
Georgetown University law school
① A lawsuit concerning Blackberry(PDA) technology
"Blackberry"(PDA) is invented by ‘RIM'.
NTP Inc.(company from nowhere) insisted RIM infringed
patents, copyrights, trademarks, and other forms of intellectual property as part of the process of investment. FDI in China grants access to this technology.
1. China is using its unprecedented access to some of the world's most advanced
technology as a means of leapfrogging into the modern industrial age.
2. Their original motive was to use this technology to upgrade its industries and t
정도로의 억압성이 있는 경우에야 비로소 독점규제법상 규제가 가능하다. 이는 공정거래법의 목적이 “공정하고 자유로운 경쟁을 촉진”하여 시장경제가제대로 기능할 수 있게 하기 위한 것이기 때문이다. 따라서 본론에서는 특허 괴물(Patent Troll, NPE)과 특허 출원 절차 등에 대해 서술해 보겠다.