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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Patentability 101 | 478 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Patentability 101
Authored by: Anonymous on Thursday, June 07 2012 @ 07:08 AM EDT
Wouldn't have stopped Oracle vs Google though, and banning successors in
interest having control is almost certain to be a much more controversial step.

[ Reply to This | Parent | # ]

Patentability 101: A US tax on imports
Authored by: Winter on Thursday, June 07 2012 @ 07:09 AM EDT
How about that patents and copyrights allow for extractable wealth from
monopolies?

I see a strong believe in USA businesses that (international) competition is bad
for the bottom line. Law-makers seem to agree. They seem support monopoly rents
wherever they can.

If you compare the policies to foster competition in the markets between the USA
and the EU, that is a difference as between night and day.

The most obvious targets for extraction of money are foreign companies. Their
"IP" get little to no protection.

US companies regularly obtain patents on foreign products and copyrights of
foreign companies are rarely enforced. There are many cases where foreign
companies had to pay patent license costs for their own inventions.

The Basmati rice and Neem tree patents are textbook examples.



---
Some say the sun rises in the east, some say it rises in the west; the truth
lies probably somewhere in between.

[ Reply to This | Parent | # ]

Patentability 101
Authored by: dio gratia on Friday, June 08 2012 @ 12:21 AM EDT
The patent act of 1793 made it clear that patent rights were assignable. Didn't
the most recently passed patent act include provision for a company with
interest in an invention (a work for hire) to apply without the inventor?

[ Reply to This | Parent | # ]

Inventors are the applicants in the US
Authored by: Anonymous on Friday, June 08 2012 @ 03:17 PM EDT

interesting detail you observed. The US is one of the few (perhaps the only?) countries where the applicant must be the actual inventor. It must come from this statute. Of course, the patent is generally then assigned to the company (employment contracts generally require this). Elsewhere, the company could be the applicant.

As someone else already said, assignment of patents is explicitly allowed by the law in some other statute.

[ Reply to This | Parent | # ]

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