Patents, Governance and Control: Ethics and the Patentability of Novel Beings and Advanced Biotechnologies in Europe

This article focuses primarily on to what extent novel beings, and particularly, beings which display something akin to human consciousness or agency would be (or should be) patentable under current European patent law. Patents grant the patent holder a right to exclude others from using the patented invention for the period of patent grant (usually 20 years). This allows the patent holder to control how that invention can or cannot be used by others downstream, granting patent holders a governance like function over the patented technology for the duration of the patent. Accordingly, the potential for patentability of novel beings gives rise to a myriad of ethical issues including: to what extent is it appropriate for patent holders to retain and exercise patents over “novel beings”; how issues of “agency” displayed by any “novel beings” would fit within the current patent framework, if at all; and to what extent existing exclusions from patentability might exclude patents on “novel beings” or whether changes within patent law may be needed if patents in relation to “novel beings” are deemed ethically problematic. This article focuses on such issues, and in doing so, also sheds light on the role of ethical issues within the patenting of advanced biotechnologies more generally.

RESEARCH OF POWER GENERATOR PROTOTYPE DEVELOPMENT AND INTEGRATION INTO AUTONOMOUS ROBOTIC SYSTEMS

The aim of the research is to perform experimental research based on patented technology to improve the efficiency and applicability of the patented invention in the power supply circuits of autonomous robotic systems in order to improve electricity utilization and regeneration rates, ensuring longer autonomous operation of the robotic system. The article reviews the technologies of electricity generation and aspects of their practical application. Described research methodology and research stand. Presented the results and conclusions of the performed simulation tests of the prototype electrodynamic parameters. Proposals made for the integration of research results into the students practical educational process.

ESTABLISHMENT OF MATERIAL DAMAGE DUE TO ILLEGAL USE OF INVENTIONS, USEFUL MODELS

The article analyzes scientific research and summarizes it, published in periodic and scientific domestic and foreign publications, legal documents that are important for determining the material damage caused to the owner as a result of illegal use of industrial property: inventions, utility models. The article formulates the concept of a patent, which is understood as a legal, technical document issued by an authorized state body, and with the help of which the state certifies the owner’s right to the object of invention or utility model created by him/her. Any actions aimed at unauthorized introduction into economic circulation of protected industrial property are considered a violation of patent rights. A patent infringer can be a natural or legal person who uses the invention in violation of the law. The object of violation may not be a specific thing, but a right of indefinite value. The damage occurs as a result of the violation of the monopoly position of the owner of the invention. To calculate the income from the use of a patented invention, it is necessary to analyze the prices of competitors for similar goods in which the invention is not used. This significantly complicates the calculation and proof; however, it is wrong to assume that all income from the sale of products is income from the use of a patented invention. Methods for establishing material harm are proposed. The drawbacks that exist when conducting an expert study of intellectual property objects are identified, and ways to eliminate it are proposed.

Patent retrieval architecture based on document retrieval. Sketching out the Spanish patent landscape

A patent is a property granted to any new shape, configuration or arrangement of elements, of any device, tool, instrument, mechanism or other object or part thereof, that allows for a better or different operation, use or manufacture of the object that incorporates it or that provides it with some utility, advantage or technical effect that it did not have before. As a document, a patent really is a title that recognizes the right to exploit the patented invention exclusively, preventing others from making, selling or using it without the consent of the owner. The fact of making a patent is motivated by the fact of promoting creativity, hindering competition in the market as only one person holds the patent, thus protecting the initial investment and fighting against plagiarism. Patents are available to the public for dissemination and general knowledge. It is generally recognized in the specialized literature that patents can be used as an indicator to calculate the results generated by research and development activities, being a very useful indicator to measure various social, economic or technological aspects. For this reason, it is of relevant interest to have tools or systems that allow us to obtain the patents developed in a specific period of time and to carry out analyses of various economic and social factors. These analyses can serve to obtain a social perspective of society’s progress in the technological field, and this is why an analysis of patents is of our interest. This paper proposes a platform specifically designed to obtain knowledge about patents as an indicator of Spanish social, economic or technological aspects. For this purpose, the platform retrieves, analyses and visualizes functionalities that represent data on the landscape of patents obtained from the Spanish Patent and Trademark Office (OEPM) as a particular case of study.

16. Ownership of patents

This chapter assesses the ownership of patents. Teams of researchers often work together towards a common goal. This means that there are sometimes disputes about who actually invented the product or process covered by a patent. Resolving these disputes is of significance because under patent law the owner possesses the right to grant licences to make use of the patented invention in exchange for a fee or royalties, and the right to sue for infringement. Before deciding who is entitled to the ownership of an invention it is first necessary to examine what is meant in law by the word ‘inventor’. Having examined the criteria used by the courts to identify an inventor, one must now consider the special statutory rules concerning employee–inventors. Once it has been decided who owns an invention, there is a scheme of compensation for employee–inventors.

Kertsopoulos Innovation: The Three Multi-plane Polarities and the Three Interactions and Schematic Representations in the Sense of the General Cause of the Dynamic Difference

As it is known: in the state of the art, the like and the unlike polarity between two magnets remains independent of the distance between them. According to the invention: “Magnetic System of Three Interactions”, International office of patents WIPO-PCT, bearing the No WO/2013/136097of the inventor Georgios K. Kertsopoulos, the like and the unlike polarity between two magnetic constructions depends on the distance between them [1], [2], [3], [4], [5], [6], [7], [8], [9], [10]. The know-how of the invention makes it possible for interacting magnetic constructions to possess and perform interchangeable more than 96 polarities and interactions. Polarities and magnetic fields can in multiple ways interchange, depending on the varying distance between two interacting confronted magnetic constructions, offering many new variable design capabilities. For the first time, new types of poles are created, for example: simultaneous like-unlike poles or simultaneous unlike-like poles are created, causing stable or unstable balance as an interaction; also, for the first time in magnetism, new types of magnetic fields are formed never before observed, for example: remote fields of very strong attraction, without however, the contact of the magnetic constructions. The magnetic devices that perform these multiple interactions are fully patented internationally, published in a book in English, by the inventor a book in English, by the inventor [11]. The new scientific laws and principles, revealed through these experiments enrich the very basics, the foundation of magnetism, since many new types of polarities and interactions are introduced and are made possible for the first time in science and technology. In figure 1 of the article we observe the division and determination of the empty air space, between the magnetic constructions, at three distances and two boundaries which apply both for the like and the unlike front poles and in figure 2 we observe the three typical spatial distances, the three multi-plane polarities and the three interactions with properties and with spatial boundaries and interactions based on the bundles of the dynamic lines between the two magnetic constructions, on the guide, when the poles of the front poles of the arrangements are initially like. Furthermore, in figure 7 we observe a schematic representation of the three different fields (175), (177) and (178) between the above-mentioned magnetic arrangements of the constructions of the invention, with initially like front poles, in the sense of the general cause of the dynamic difference. This article is in continuation of the following published article that introduces the reader to the invention’s technology: Georgios K. Kertsopoulos (2018) Innovation article: 36 over passed restrictions of magnetism achieved by the 96 multiple magnetic polarities-interactions performed by the Kertsopoulos world patented invention vs. the known two. Advances in Nanoscience and nanotechnology [12]. https://www.opastonline.com/wp-content/uploads/2018/12/36-over-passed-restrictions-of-magnetism-achieved-by-the-96- multiple-magnetic-polarities-interactions-performed-by-the-kertsopoulos-world-ann-18.pdf?fbclid=IwAR1jYPFME5mhX2FLbKKTPAdu0YMe3FqHtoUdoRoeao8mKIp1GRuWeovEaA

THE SMALLEST SALABLE PATENT PRACTICING UNIT AND COMPONENT LICENSING: WHY $1 IS NOT $1

ABSTRACT The smallest salable patent pricing unit (SSPPU) is a valuation method used as a preliminary step toward the calculation of fair, reasonable, and nondiscriminatory royalties for licenses over standard-essential patents (SEPs). Under SSPPU, royalties should reflect the value added to the smallest salable component implementing the patented invention. In this paper, we discuss policy-making proposals to convert SSPPU into a pricing rule that not only assists the assessment of SEPs’ added value but also forces the specification of royalties terms as a share of component costs in SEP licensing negotiations. We call this new rule SSPPU+ and we show that it distorts the distribution of surplus between SEP owners and implementers by laying down a revenue cap on standardized technologies. Therefore, a change in the royalty basis is not neutral and $1 is not $1. Furthermore, SSPPU+ imposes uniform pricing of SEPs across different industries and does not allow SEP owners to take advantage of complementarities between technologies. This pleads against a generalization of SSPPU+ at early standardization and negotiation stages.

PROBLEMS ABOUT PATENT RIGHTS

Patent is an exclusive right granted by the State to the inventor of the results of his invention in the field of technology, which for a certain period of time carries out his own invasion or gives his consent to other parties to implement it. (Law 14 of 2001, Ps. 1, v. 1). Meanwhile, the meaning of the Invention and Inventor (contained in the above definition, also according to the law, is):•Invention is an Inventor idea that is poured into a specific problem-solving activity in the field of technology can be a product or process, or an improvement or development of a product or process. (Law 14 of 2001, Ps. 1, v. 2)•Inventor is a person who or some person who jointly carries out an idea poured into an activity that produces an invention. (Law 14 of 2001, ps. 1, v. 3)The word patent comes from the English patent, which originally came from the word patere which means opening up (for public examination), and also comes from the term letter patent, which is a decree issued by the kingdom that gives exclusive rights to individuals and certain business actors. From the definition of the word patent itself, the patent concept encourages inventors to open knowledge for the betterment of society and instead, inventor gets exclusive rights for a certain period. Given that the patent does not regulate who has to do a patented invention, the patent system is not considered a monopoly right.Explanation of the Patents and Systems Applied in Indonesia Regarding the Application for Patent Rights

TECHNIQUES FOR DEVELOPING PATENT DOCUMENTS FOR INVENTION

To be able to register a patent for his findings, an expert must be able to compile a patent document. Specific knowledge and expertise is needed to prepare patent documents. The parts of the patent document that must be compiled consist of: Title of the Invention, Field of Engineering Invention, Background of the Invention, Brief Description of the Invention, Complete Description of the Invention, Claims and Abstracts. In the preparation of claims it is recommended to consult a legal expert, so that the meaning of the language of the claim is in accordance with the terminology commonly used in law enforcement. This claim will later become the basis of prosecution in the court when a patented invention is imitated or produced by a person or body that is not permitted by the inventor.This can happen because there is no integration between the financial and administrative departments so that the presentation of the report is not the same. For this reason, the need for a network-based system proposal to support data processing of cash receipts and disbursements so that the presentation of reports can be done in a structured manner.