How Half-Causation can enlighten the drafting of patent claims

2022 ◽  
Vol 11 (4) ◽  
pp. 469-483
Author(s):  
Mo Abolkheiro
Keyword(s):  
Patent Protection ◽  
Philosophy Of Technology ◽  
Logical Structure ◽  
Primary Objective ◽  
Patent Laws ◽  
Scientists And Engineers ◽  
The Subject ◽  
The One ◽  
Logical Mapping ◽  
Five Phases

The author’s 2019 article ‘If You Wish to Invent Then Follow the Half-Causation Method’ presented ‘Half-Causation’, which is a philosophical model for the systemization of the invention process. It consists of five phases of reasoning, each terminating with taking a ‘logical branch’. This paper has two objectives. The first (and preliminary) objective is to introduce a readership in patent practices (and theory) to Half-Causation. The second (and primary) objective is to highlight how Half-Causation can be practically useful to patent practitioners (and perhaps ultimately theorists), specifically in terms of enlightening the drafting of patent claims. In order to do this effectively, the reader is presented with a case which they can engage with to see for themselves how Half-Causation can help, step by step. The presented case was the subject of the USPTO’s 2019 patent drafting competition. It consists of rather convoluted instructions received from an ‘imaginary’ client about their ‘imaginary’ invention. The case is an excellent opportunity to illustrate how Half-Causation as a philosophical model can be practically useful. Two Half-Causation tools are implemented. The first is Half-Causation Branching, which allows the logical mapping of the inventing space, within which the imaginary invention is located. Implementing this tool reveals two alternative nearby inventions, which if left out of the sought patent protection would render any eventually granted patent practically worthless. Following that, Half-Causation Encapsulation comes to the rescue by allowing the encapsulation of the original imaginary invention, plus the two alternative nearby ones, all in a manner that provides the all-important unity of invention On the one hand, patent agents are not supposed to contribute to their client’s inventive concept to the extent that they become co-inventors. On the other hand, scientists and engineers are not supposed to dedicate so much time and effort to learning about complex patent laws as to become patent agents. Arguably, each should aim to excel in their discipline. However, a structured dialogue should be considerably helpful to each and to the patent process as a whole. It is proposed that Half-Causation, with its logical structure, can provide a basis for such a dialogue. Besides targeting a readership in patent practices and theory, this paper should be of interest to multiple readerships, for example in engineering design, medical discovery and philosophy of technology.

SEPs licensing across the supply chain: an antitrust perspective

2022 ◽  
Vol 11 (4) ◽  
pp. 484-504
Author(s):  
Oscar Borgogno ◽  
Giuseppe Colangelo
Keyword(s):  
Supply Chain ◽  
Patent Protection ◽  
Philosophy Of Technology ◽  
Law And Economics ◽  
Logical Structure ◽  
Research Network ◽  
Annual Conference ◽  
Digital Ecosystem ◽  
Research Activities ◽  
Logical Mapping

The rise of the Internet of Things (IoT) and the development of 5G are set to add a new layer of complexity to the current practice of standard essential patents (SEPs) licensing. While, until recently, the debate has centred on the nature of fair, reasonable and non-discriminatory (FRAND) commitments and the mechanisms to avoid hold-up and reverse hold-up problems between licensors and licensees, a new hotly-debated issue has now emerged. At its core is the question of whether SEP holders should be required to grant a FRAND licence to any implementer seeking a licence, including component makers (the so-called ‘licence-to-all’ approach), or if they should be allowed freely to target the supply-chain level at which the licence is to be granted (the so-called ‘access-for-all’ approach). After providing an up-to-date overview of the current legal and economic debate, this article focuses on the most recent antitrust case law dealing with the matter on both sides of the Atlantic and argues that no sound economic and legal bases which favour licence-to-all solutions can be identified. * The authors would like to thank the anonymous referees, Luigi Federico Signorini and the participants in the 2021 Annual Conference of European Policy for Intellectual Property (EPIP), in the 38th Annual Conference of the European Law and Economics Association (EALE), in the TILTing Perspectives 2021 (Tilburg University), and in the 16th Annual Conference of the Academic Society for Competition Law (ASCOLA). The study was conducted as part of the research activities promoted by the DEEP-IN (Digital Ecosystem, Economic Policy and Innovation) Research Network. The author is grateful for the financial support received. Any opinions expressed in this paper are personal and are not to be attributed to the Bank of Italy. The first is Half-Causation Branching, which allows the logical mapping of the inventing space, within which the imaginary invention is located. Implementing this tool reveals two alternative nearby inventions, which if left out of the sought patent protection would render any eventually granted patent practically worthless. Following that, Half-Causation Encapsulation comes to the rescue by allowing the encapsulation of the original imaginary invention, plus the two alternative nearby ones, all in a manner that provides the all-important unity of invention On the one hand, patent agents are not supposed to contribute to their client’s inventive concept to the extent that they become co-inventors. On the other hand, scientists and engineers are not supposed to dedicate so much time and effort to learning about complex patent laws as to become patent agents. Arguably, each should aim to excel in their discipline. However, a structured dialogue should be considerably helpful to each and to the patent process as a whole. It is proposed that Half-Causation, with its logical structure, can provide a basis for such a dialogue. Besides targeting a readership in patent practices and theory, this paper should be of interest to multiple readerships, for example in engineering design, medical discovery and philosophy of technology.

scholarly journals Francisco Arceo de Fregenal i liječenje prirođenog uvrnutog stopala do 16. stoljeća

2018 ◽  
Vol 16 (1) ◽  
pp. 19-48
Author(s):  
José Ramón Vallejo ◽  
Marina Mesa
Keyword(s):  
Sixteenth Century ◽  
Spanish Literature ◽  
Primary Objective ◽  
Ambroise Paré ◽  
The Social ◽  
The Subject ◽  
Political Conditions ◽  
Ambroise Pare ◽  
The One ◽  
French Surgeon

The correction of clubfoot as a subject of study is somewhat unusual, especially if one considers that up until the Renaissance only two authors dealt with the subject of this inherited disorder. On the one hand is Ambroise Pare, whose contributions to traumatology and orthopaedics are staggering, and on the other, Francisco Arceo de Fregenal, also known as the Ambroise Pare of Spain. Both men developed a method for treating this condition, and a special orthopaedic shoe. So, why is it that in the Spanish literature the French surgeon was considered the pioneer in the development of an orthopaedic boot from the start and not Arceo? Why was the work of the Spaniard not studied in depth, as it deserves to be? These questions troubled us and led us to write this paper, in which as the primary objective we decided to highlight Arceo’s contributions to the field of orthopaedics. Concrete arguments and works exist today that have led to common agreement among scholars of the subject that the Spanish surgeon was a Jewish convert. The social, economic and political conditions in Europe at that time may give us some idea of the difficulties for a Jewish convert in the sixteenth century, and clearly, it was difficult for a scientist to have followers who would defend his methods and technical ideas. Nevertheless, we believe that Francisco Arceo de Fregenal deserves more recognition and his work should continue to be studied in more depth.

EXPLORATION OF THE SOUTHWEST FLANK OF THE PAPUAN SASIN

1970 ◽  
Vol 10 (1) ◽  
pp. 62
Author(s):  
T. W. Oppel
Keyword(s):  
Subject Area ◽  
Primary Objective ◽  
Eastern Coast ◽  
Reef Environment ◽  
Reservoir Development ◽  
Northern Portion ◽  
Near Shore ◽  
The Subject ◽  
Cape York ◽  
The One

Since 1965, Tenneco Australia and Signal Pacific have been exploring three tenements totalling 30,082 square miles off the eastern coast of the Cape York Peninsula Queensland. The area is relatively unexplored but the recent drilling of the Anchor Cay well, along with seismic mapping, provides a vital link between the Papuan Basin and the Laura and other basins of the Queensland coast.The primary objective of the exploration venture was initially and remains, the Mesozoic age sandstones believed to exist in a near shore environment in the subject area. Carboniferous pyroclastics and Permian granites form the positive Cape York-Oriomo Platform. Mid-Mesozoic age sediments, are found east of this ridge, becoming thicker and more basinal regionally eastward. Tension faulting along the southwest flank of the basin has created several closed structures. Tertiary sediments are primarily carbonates and exist in a shelf, reef, forereef arrangement with petroliferous pinnacle reefs being located on bathymetrically favored structures.Seismic mapping directed at the northern portion of the tenements located several structures worthy of testing. The one with the maximum sedimentary column, the Anchor Cay structure, was chosen for a stratigraphic test and drilled in early 1969. No severe drilling problems were found at shallow depths but below 10,700 feet sloughing of cobbles into the borehole became a problem. The well was abandoned at 11,888 feet, still in sediments, where continued drilling became impracticable. The lithology encountered in this stratigraphic test was similar to that anticipated. A reef core of Pliocene rock was penetrated. Miocene rocks in a near back reef environment, and a thin Eocene carbonate section were penetrated. At approximately 7,000 feet an unconformity separated the Tertiary carbonates from the Mesozoic elastics. Immediately beneath the unconformity were reservoir quality sandstones of lower Cretaceous age. Volcanic and/or intrusive exotics became increasingly common in the Jurassic.Based on the facies encountered in the Anchor Cay stratigraphic test, it seems apparent that the most favored fairway for sandstone reservoir development is to the west where seismic shooting has indicated several structures. The initial basic concepts regarding this exploration venture are still valid and much more effort is required before a thorough evaluation can be made.

scholarly journals Objective and Subjective in the Modern Informational Society

2019 ◽  
pp. 25-35
Author(s):  
Marat Buzskiy
Keyword(s):  
Information Society ◽  
Logical Structure ◽  
Critical Study ◽  
Information Activity ◽  
Spatial Environment ◽  
The Status ◽  
The Subject ◽  
Modern Information ◽  
The One ◽  
Object Relationship

The article presents the experience of the critical study of information monism principle, which has become widespread in modern concepts of information society, and associated information determinism. In this criticism, the author consistently proves the position that the necessary, not removable condition for the existence and development of society at all historical stages is the subject-object relationship, and it is preserved in modern information processes. So today, the idealization of the status of information and its role in society is one-sided understanding of this society, which is the result of a methodologically-destructive transformations and omissions, first of all, attempts to deploy pluralistic content from the flow of information in complex social environment including the consciousness of people as subjects, their values and multi-dimensional activities. The author states that the mediator and the space of interaction between subject and object in society is the activity in which they are complementary parties. The basis of the modern information society is also the activity, however, its access to the global level requires a new level of self-consciousness and self-determination. Therefore within the activity its system scale representing it as the subject became more active, and the information began to express "substance" of activity as the process developed in time and including information events (texts) – as objectivity which does not reach target result and does not break away from a stream of activity and communications. Identifying texts as expressed "objectivity" information becomes a regulator of specific activities of subjects interacting with the subject-spatial environment. Information links and divides the global scope of activities and their traditional private forms. Information becomes "primary" not because it replaces other types of resources and is the generative basis of society, but because it now acts as an intermediary between the activities of the subject as a function of the system, on the one hand, and the actions of specific subjects, which are based on the information dimension of the subject activity, on the other hand. The research paper offers and investigates the definitions of the categories "subjective", "objective", information", "activity", which make the logical structure of the article more reasonable, increase the level of its argumentation. The restoration of the status of "objective" through the perspective of activity, as the author shows, is the basis for the restoration of the status and content of the modern personality, the expansion of its role and scale in society.

Political Islam in an Ethnic Jewish State: Historical Evolution, Contemporary Challenges and Future Prospects

2004 ◽  
Vol 3 (1) ◽  
pp. 69-92 ◽  
Author(s):  
Nohad ‘Ali
Keyword(s):  
Historical Evolution ◽  
Jewish State ◽  
Islamic Revival ◽  
Islamic Movement ◽  
Revival Movements ◽  
Phases Of Development ◽  
Two Phases ◽  
The One ◽  
Five Phases ◽  
Islamic Revivalism

This paper argues that, although the shared and universal ideology of the Islamic revival movements was adopted by the Islamic movement in Israel, the movement has been trying to embody it in diverse and distinctive ways. In principle there is a conflict between commitment to the principle of Islamic revivalism on the one hand, and being so committed in the specific context of the ethnic Jewish state, on the other. The Jewish context of the State of Israel continues to bedevil the development of the Islamic movement in Israel. Since the 1930s, Islamic revivalism in Palestine has undergone five phases of development: the Egyptian, Israeli, Palestinian, and the two phases of ‘adaptation’ and ‘post-adaptation’. These phases reflect ideological developments, rather than simply a historical evolution. They are also the outcome of three sets of constraints: structural, ideological and domestic.

“Channeling” the powers of God’s Word

2010 ◽  
Vol 4 (2) ◽  
pp. 135-156 ◽  
Author(s):  
Dorothea E. Schulz
Keyword(s):  
The Other ◽  
Border Zone ◽  
Focus Attention ◽  
Spiritual Power ◽  
New Materials ◽  
God's Word ◽  
Audio Recordings ◽  
Heated Debate ◽  
The Subject ◽  
The One

Starting with the controversial esoteric employment of audio recordings by followers of the charismatic Muslim preacher Sharif Haidara in Mali, the article explores the dynamics emerging at the interface of different technologies and techniques employed by those engaging the realm of the Divine. I focus attention on the “border zone” between, on the one hand, techniques for appropriating scriptures based on long-standing religious conventions, and, on the other, audio recording technologies, whose adoption not yet established authoritative and standardized forms of practice, thereby generating insecurities and becoming the subject of heated debate. I argue that “recyclage” aptly describes the dynamics of this “border zone” because it captures the ways conventional techniques of accessing the Divine are reassessed and reemployed, by integrating new materials and rituals. Historically, appropriations of the Qur’an for esoteric purposes have been widespread in Muslim West Africa. These esoteric appropriations are at the basis of the considerable continuities, overlaps and crossovers, between scripture-related esoteric practices on one side, and the treatment by Sharif Haidara’s followers of audio taped sermons as vessels of his spiritual power, on the other.

PHILOSOPHICAL PROPAEDEUTICS IN THE SYSTEM OF PRESCHOOL EDUCATION

2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.
Keyword(s):  
Modern Science ◽  
Preschool Education ◽  
Modern Society ◽  
Social Relevance ◽  
The Social ◽  
Moral Problems ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
And Training

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.

The problem of woman’s emansipation in the feuilleton “Amazonia: a very inept story” by Mykola Chirsky

2020 ◽  
pp. 71-76
Author(s):  
Iryna Rusnak
Keyword(s):  
Scientific Understanding ◽  
The Other ◽  
Literary Studies ◽  
Ethical Guidelines ◽  
Compositional Structure ◽  
Urgent Task ◽  
The Subject ◽  
The One ◽  
Artistic Heritage

The author of the article analyses the problem of the female emancipation in the little-known feuilleton “Amazonia: A Very Inept Story” (1924) by Mykola Chirsky. The author determines the genre affiliation of the work and examines its compositional structure. Three parts are distinguished in the architectonics of associative feuilleton: associative conception; deployment of a “small” topic; conclusion. The author of the article clarifies the role of intertextual elements and the method of constantly switching the tone from serious to comic to reveal the thematic direction of the work. Mykola Chirsky’s interest in the problem of female emancipation is corresponded to the general mood of the era. The subject of ridicule in provocative feuilleton is the woman’s radical metamorphoses, since repulsive manifestations of emancipation becomes commonplace. At the same time, the writer shows respect for the woman, appreciates her femininity, internal and external beauty, personality. He associates the positive in women with the functions of a faithful wife, a caring mother, and a skilled housewife. In feuilleton, the writer does not bypass the problem of the modern man role in a family, but analyses the value and moral and ethical guidelines of his character. The husband’s bad habits receive a caricatured interpretation in the strange behaviour of relatives. On the one hand, the writer does not perceive the extremes brought by female emancipation, and on the other, he mercilessly criticises the male “virtues” of contemporaries far from the standard. The artistic heritage of Mykola Chirsky remains little studied. The urgent task of modern literary studies is the introduction of Mykola Chirsky’s unknown works into the scientific circulation and their thorough scientific understanding.

TARP DVIEJŲ KOLONŲ: XVIII A. PABAIGOS – XIX A. PRADŽIOS VILNIAUS MASONŲ KASDIENYBĖ SIMBOLIKOJE

2018 ◽  
pp. 144-163
Author(s):  
Daiva Milinkevičiūtė
Keyword(s):  
Daily Life ◽  
The Other ◽  
Daily Routine ◽  
The Past ◽  
Secular World ◽  
National Characteristics ◽  
Conservative Christian ◽  
The Subject ◽  
The One ◽  
Craft Guilds

The Age of Enlightenment is defined as the period when the universal ideas of progress, deism, humanism, naturalism and others were materialized and became a golden age for freemasons. It is wrong to assume that old and conservative Christian ideas were rejected. Conversely, freemasons put them into new general shapes and expressed them with the help of symbols in their daily routine. Symbols of freemasons had close ties with the past and gave them, on the one hand, a visible instrument, such as rituals and ideas to sense the transcendental, and on the other, intense gnostic aspirations. Freemasons put in a great amount of effort to improve themselves and to create their identity with the help of myths and symbols. It traces its origins to the biblical builders of King Solomon’s Temple, the posterity of the Templar Knights, and associations of the medieval craft guilds, which were also symbolical and became their link not only to each other but also to the secular world. In this work we analysed codified masonic symbols used in their rituals. The subject of our research is the universal Masonic idea and its aspects through the symbols in the daily life of the freemasons in Vilnius. Thanks to freemasons’ signets, we could find continuity, reception, and transformation of universal masonic ideas in the Lithuanian freemasonry and national characteristics of lodges. Taking everything into account, our article shows how the universal idea of freemasonry spread among Lithuanian freemasonry, and which forms and meanings it incorporated in its symbols. The objective of this research is to find a universal Masonic idea throughout their visual and oral symbols and see its impact on the daily life of the masons in Vilnius. Keywords: Freemasonry, Bible, lodge, symbols, rituals, freemasons’ signets.

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

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