Patent Law. The Visiting Scientist agrees to permit the UNIVERSITY to review any data, results, manuscripts, or other information pertaining to the Program prior to any publication thereof, and to delay said publication for up to three (3) months if required for preparation of patent applications. Visiting Scientist further agrees to either acknowledge or refrain from identifying UNIVERSITY in any such publication, as requested in writing. Further, if UNIVERSITY objects to the inclusion in any such publication of any proprietary information, such proprietary information shall be excluded from such publication by Visiting Scientist. Rutgers makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the availability or condition of the university research laboratories or collaborative research or any invention(s) or product(s), whether tangible or intangible, conceived, discovered, or developed under this agreement by university and used by visiting scientist; or the ownership, merchantability, or fitness for a particular purpose of the university research or any resulting invention or product. Rutgers shall not be liable for any direct, indirect, consequential, or other damages suffered by any visiting scientist or licensee or any others resulting from the use of any Rutgers facilities, equipment or research results or any such invention or product. Rutgers makes no representation or warranty regarding actual or potential infringement of patents or copyrights of third parties, and visiting scientist acknowledges that the avoidance of such infringement in the design, use and sale of products and processes related to this research project shall remain the responsibility of visiting scientist. The obligations of the parties under paragraphs 5 through 11, inclusive, shall survive termination of this AGREEMENT. This AGREEMENT may be terminated by either the UNIVERSITY or the Visiting Scientist by providing thirty (30) days written notice by certified mail to the other party. Upon termination, Visiting Scientist agrees to submit to RUTGERS the original copy of the Research Notebook and any other written documentation pertinent to the Visiting Scientist's research performed under this AGREEMENT. This AGREEMENT constitutes the entire agreement and understanding between the UNIVERSITY and the Visiting Scientist and supersedes and cancels any and all prior oral or written understanding and agreement. No modifications, amendments, or waiv...
Patent Law. Aegis shall promptly supply Lightlake with a copy of the disclosure for Lightlake evaluation purposes. Lightlake shall have the sole right to determine what, if any, patent applications should be filed.
Patent Law. Lightlake shall promptly supply Aegis with a copy of the disclosure for Aegis’ evaluation purposes. Aegis shall have the right to determine what, if any, patent applications should be filed. Aegis also retains full ownership of the Technology as defined above and sole licensing rights.
Patent Law. The National People's Congress adopted the Patent Law of the People's Republic of China in 1984, and amended it in 1992, 2000 and 2008. A patentable invention, utility model or design must meet three conditions: novelty, inventiveness and practical applicability. Patents cannot be granted for scientific discoveries, rules and methods for intellectual activities, methods used to diagnose or treat diseases, animal and plant breeds or substances obtained by means of nuclear transformation. The Patent Office under the State Council is responsible for receiving, examining and approving patent applications. A patent is valid for a twenty-year term in the case of an invention and a ten-year term in the case of a utility model or design, starting from the application date. A third-party user must obtain consent or a proper license from the patent owner except for certain specific circumstances provided by law. Otherwise, the use will constitute an infringement of the patent rights.
Patent Law. The rights of the Parties and of the Agency to Subject Inventions shall be as set forth in 37 CFR 401.14 (“Patent rights clause”). A Subject Invention shall be owned by the Party whose Personnel make or generate the Subject Invention and that Party may, at its discretion, perfect legal protection therein in its own name and at its own expense. All rights to Subject Inventions made solely by UNIVERSITY Personnel will belong solely to UNIVERSITY (“UNIVERSITY Inventions”). All rights to Subject Inventions made solely by SBC Personnel will belong solely to SBC (“SBC Inventions”). All rights to Subject Inventions made jointly by UNIVERSITY and SBC will belong jointly to UNIVERSITY and SBC unless otherwise agreed in writing by the Parties (“Joint Inventions”).
Patent Law. Date of application – Myanmar must adopt a law to protect various kinds of IPRs before 1 January 2005 (TRIPS, Art. 66). Currently, only trademark and copyright laws exist in the country. Myanmar is required to adopt the law on patent and industrial design. It must also ensure that geographical indications, layout-design of integrated circuits and undisclosed information are adequately protected in line with relevant provisions in TRIPS. However, since Myanmar is considered a least developed country, it is entitled to delay patent protection for pharmaceutical products until Janua ry 1, 2016 as authorised by the Doha Declaration and Public Health (Doha Declaration, para.7). During the transitional period, Mail Box for patent applications dating back to 1 January 1995 must be established. It is also required to grant exclusive marketing right on the applications for a period of five years or until the patent is granted or rejected (TRIPS, Art. 70(8)(9)). Objectives and principles – Myanmar’s patent law should adopt provisions that reflect TRIPS’ objectives and principles of intellectu al property protection as stipulated under Articles 7 and 8. Scope of patentability – Myanmar needs to protect both pharmaceutical products and process. For process patents, it is recommended that only the manufacturing process is protected. Patents on the use of existing products, such as dosage forms, new use, new formulations or second indications, should be prohibited on grounds of being methods for the treatment of humans and animals. All kinds of medical methods, including surgical, diagnostic and therapeutic, should be excluded from patent protection. Patentability of plants, animals, and inventions relating to life TRIPS Agreement and its Impact on Health forms, including genes, gene sequences, extraction from humans, animals or plants should be prohibited. In addition, biological processes , including microbiological processes, should be excluded from patent protection on grounds that Article 27.3(b) is under revision by the TRIPS Council. Definitions – Proper definitions for terms like “invention”, “novelty”, “inventive step”, and “industri al application” should be adopted. The distinction between discoveries and invention must be clarified. A substance found in nature, even if purified or isolated from its natural surrounding, shall be regarded as a discovery, and not be patentable. Publication of application – Patent applications must be published for public scruti...
Patent Law. All expenses relating to the preparation, filing, prosecution, extension and maintenance of such jointly-owned patent applications and any patents granted thereon shall be borne by SYNAPTIC. If SYNAPTIC determines:
Patent Law. In the United States, a patent application must be filed no later than one (1) year after first publication disclosing the invention or the software in detail. The term “
Patent Law. Patents have long been used to protect computer hardware systems and are increasingly used to protect software innovations, such as algorithms and data structures, as well as methods of doing business in the electronic environment. Chapters 3 and 8 show that the United States and other nations differ in their approaches to patent protections for computer software. Patents are granted to inventors who meet several substantive and procedural requirements. First, the invention must fall within the class of patentable subject matter. Generally, this means it cannot be a purely mental discovery or a law of nature. Second, the resulting product or process must be useful. It must also be novel and be more than an obvious advance over the prior art. A patent is awarded in the United States to the first to invent, not the first to file, a patent claim, as is common in other countries. A patent gives the patentee the exclusive right to use or license the patented product or process in the United States for 20 years from the date the patent application was filed. A patent is not automatically awarded. Rather, the Patent Office requires its examiners to carefully scrutinize the application and make a judgment about whether the patent should be issued. Many applications are disapproved, and others are approved only after significant narrowing of the patent claims. If the Patent Office grants an inventor a patent, the patent is published, so that everyone else can learn what the inventor has made and how to make it. The inventor gets the right to prevent anyone else in the United States from making, using, or selling a product or process covered by the “claims” of the patent (the portion of the patent defining the invention) while it is in force. If another party does make, use, or sell the patented invention during the term of this exclusive right, the patent owner (called the patentee) is entitled to sue them for infringement of the patent. If the patentee proves that the defendant is in fact infringing the patented invention, the patentee can obtain an injunction against the infringer and damages for past infringement. A patentee can also prevent others from importing infringing works into the United States. Under 35 U.S.C. §§171-173, an inventor may obtain a design patent for “any new, original and ornamental design for an article of manufacture.” In order to receive protection, the inventor must establish that the design is novel, nonobvious, and ornamental, which ...
Patent Law. All rights to Subject Inventions conceived solely by employees of TTI (“TTI Inventions”) shall belong solely to TTI. All rights to Subject Inventions conceived solely by employees of County shall belong solely to County. All rights to Subject Inventions conceived jointly by employees of TTI and employees of County ("Joint Inventions") shall belong jointly to TTI and County.
