Intellectual Property in the US: Protecting Inventions and Patents

This report delves into the realm of intellectual property rights within the United States, focusing on the business structure of a partnership and the critical aspects of safeguarding intellectual assets, including trademarks and domain names. It explores the importance of patents in protecting inventions, specifically using the example of a robotic device, "Phoebe," designed for disaster relief. The report outlines the patent process and the legal protection it offers, alongside the role of trademarks in identifying the origin of products or services. It analyzes landmark cases like Teva Pharmaceuticals USA, Inc vs. Sandoz, Inc and Kimble vs. Marvel Entertainment, LLC, discussing their implications on patent law. Furthermore, the report details the steps inventors can take to protect their inventions, such as patent applications and trade secret strategies. Finally, it examines Alternative Dispute Resolution (ADR) methods, particularly mediation and arbitration, as effective ways to resolve intellectual property disputes, offering insights for James and Gemma in protecting their invention against potential infringement.

Running Head: INTELLECTUAL PROPERTY IN UNITED STATES
INTELLECTUAL PROPERTY IN UNITED STATES
Name of the student
Name of the university
Author note

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Answer to Question 1
The type of business structure chosen by James and Gemma is a partnership. The
partnership engages two or more than two individuals who permit to part with the loss or profit
of the business. The reason for choosing this type of business structure is partnership does not
incur tax obligation of gains or the advantages of profit loss, or there is shifting of loss to
partners to make report tax return of the individuals (Gugliuzza, 2015). One of the significant
benefits of choosing the particular structure of the business organization is the treatment of tax.
Furthermore, the partner can conduct in favour of partnership, receive loans and take the decision
on a business that will be binding and affect on the partners.
The partnership is complicated that is depends on the nature of the business, their
operation and the partners engaged in the same. In order to diminish the potentiality for the
complication or dispute amongst the associates within the ambit of the particular structure of the
business, the establishment of the agreement of partnership is required (Stim, 2017). The
partnership arrangement is the legal documentation that indicates the method for operation of the
business and also detailed the connection between the partners who are the party of the
partnership agreement.
The legal factors are regarded as the external determinants that indicate the statute that
regulates the method for the operation of businesses and the behaviour of the customer
(Czarnitzki, Doherr, Hussinger, Schliessler & Toole, 2016). Thus at the time of initiating
business structure, it is important to safeguard the asset of the business. The intellectual property

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involves trademark, name of the domain. The privacy policies are an important method to
guarantee that the business is operated in compliance with the legislation concerning privacy,
however, allow the customer to know that the individuals are responsible to tackle private
information.
Answer to question 2
The sufficient, accessible and adequate arrangements of funds for safeguarding the
liberties are significant in the system of intellectual property. the rights concerning intellectual
property are similar to other rights relating to property (Madigan & Mossoff, 2016). they permit
the owner or the creator of the trademarks, patents or copyrighted workings to get profit from
their own investment or work in the creation (Liu & La Croix, 2015). The rights are framed in
Article 27 of the Universal Declaration of Human Rights that contribute the liberty to get
advantage from the safeguards of material and moral interest impacting from creator or
authorship.
In the scenario, James and Gemma initiate business and need sophisticated resources.
They constructed a model robotic device that is termed as phobic that will assist at the time of
disaster by locating and sensing the survivors in the zones that are unsafe for human beings and
animals to navigate. The sensor of Phoebe locate living beings, scan vitals and also ascertain the
margin of trauma. The intellectual property applicable to protect the invention that is created by
James and Gemma is Patent. The patent is regarded as the unique right that is allowed for the
creation or invention of the process or product that delivers the novel method of undertaking
something or invite a novel technological solution to the issue. The patent contributes to the
owner or the creator with the protection for the inventions( Maresch, Fink, & Harms, 2016). The
protection is allowed for the particular term of twenty years. The patents deliver motivations to

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the people by identifying their productivity in addition to that invite the probability of
materialistic reward to the invention that is marketable. The protection that is offered by Patent
to the creator of the invention implies the innovations that cannot be marketably used, made sold
or distributed without the consent of the owner of the patent. The patent rights are generally
enforceable in court to prevent contravention of rights of the patent. The inventions that are
protected by patents must satisfy the requirement to be safeguarded by patents. The trademarks
safeguards guarantee the creator of the invention have unique liberty to usage them.
The toolkit that is formulated to inform the United Kingdom about safeguarding wight
relating to intellectual property in the country of United States. Thus in accordance with the
World Intellectual Property Organization, the intellectual property indicates the creators of the
individuals that are applied in the business. There are several categories of intellectual property
in the United States that si trademarks, patents, trade secrets and copyright. The Patent permits
the creator to make a determination about the person who can sell, make or use the invention.
Nevertheless, the trademark permits the creator to share the origin or source of the service or
product to the consumers. The patent safeguards process or manufacture or the new improvement
thereof. The legislation of the United States contributes criminal, civil and border
implementation of the rights of the intellectual property. The right holder of the intellectual
property in the country of the United States is liable for the civil implementation of rights. It can
also allow the investor to make a report of the online theft of intellectual property to the National
Intellectual Property Rights Coordination Center.
In the case of Teva Pharmaceuticals USA, Inc vs. Sandoz, Inc, 574 U.S I the landmark
case relating to patent under the intellectual property in Supreme Court that is disputing on
Copaxone patent. It is held by the court that reviews the resolution of the district court on the

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factual matters of the construction of claims relating to the patent. It is applied by Federal Court
clear error, not de novo review standard. The case evolved in Southern District in Nw York when
Sandoz prosecuted to invalidate the patent that is granted to Teva on medication for multiple
sclerosis treatment. It is argued by Sandoz that the allegation is indefinite for failure to make
determination possible connotation of the specific term of the claim that is connected to the
molecular weight of drug component. It is held by the judge of District Court that the
connotation of the allegation was definite in addition to that the term molecular weight can be
interpreted by the individual to designate peak average molecular weight. The appeal has been
filed by Sandoz to Federal Circuit who reconsider the allegation under the standard of de novo
and also held that terms used in a claim is indefinite and henceforth the patent was illegal.
In the case of Kimble vs. Marvel Entertainment, LLC, 576 U.S is the relevant decision
that is pronounced by the Supreme Court of the United States for several factors. One of the
reasons taken in consideration is Court twisted the substantive quantum of the criticism
regarding the doctrine of patent misappropriation as formulated by Supreme Court in addition to
that the specific legal doctrines at the concern in the case. Another factor is court had
emphatically denied the determinations to integrate the doctrine of patent misappropriation to the
antitrust legislation and demonstrate the diverse policies in implementation in the structure of
law. Thus finally the dissenting and the majority opinions articulate two contradictory opinions
of the role of Stare Decisis in the legislation of the United States.
Answer to Question 3
The steps taken by James and Gemma to safeguard the invention is the application of
patent in that is the document which is issued by government office that demonstrates the
invention and also establishes the legal state in which the invention that is patented can usually

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be exploited with the sanction of the patent owner. In order to get protection under patent, the
creator or inventor must come within the ambit of the subject matter of patent (Dutfield, 2017).
The protection is granted to the invention under patent for safeguarding it from the violation or
the probability of licensing or assigning the right in whole or in part. Another way to protect
invention is to register the name of the product, business or domain that is connected with it. It
would safeguard the inventor to secure the names from any exploitation made by others by the
application of similar ideas. The formation of a licensing contract or nondisclosure or create
confidentiality for the partners are an effective method to protect the invention. That business
performs in the contemporary period apply internet or technology. Thus there is need to execute
strengthen security measures within the framework of Information Technology that involve
setting protection password, encrypting data, application of network access that is virtually
private, establishing access that is Wi-Fi protected.
Thus the report technology trends of WIPO concentrate on patent data analysis,
methodology description, classification and categorization that are implemented to explore the
information. The methodology that is applied in an analysis that is performed by Innovation of
CNRS and the way of the collection of data, categorized and classified. The patent and
Trademark Office in the country of the United States is the agency of the commerce department
in the United States. The role of PTO is to allow the right of the patent for safeguarding
inventions and also to make a registration under trademark. The methodologies that are
implemented by PTO is examining and grant patent application, disseminate information relating
to patent, maintenance of search room in examining the records and issued a patent for public
use.

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Answer to Question 4
The ADR or Alternative Dispute Resolution indicates the technique of resolving the
disputes concerning intellectual property without initiating court proceedings. The most common
method of Alternative Dispute Resolution is mediation and arbitration. The disputes concerning
intellectual property are resettled on the base of opinions of experts. The processes of Arbitration
necessitate the contesting parties to approve the dispute that is referred to the arbitrator. The
parties commonly do by the inclusion of the clause in the arrangement provided that disputes are
submitted to the arbitration. The benefits of the process of arbitration are regarded to prompt in
arriving at the decision at low expense, procedure confidentiality and also the enforcement of
arbitral award internationally (Van Norman & Eisenkot, 2017). Mediation is another form of
Alternative dispute resolution that can be termed as conciliation. The mediator is the individual
who is impartial and aids the parties to settle the disputes. Furthermore, the arrangement between
the parties to refer the dispute to mediation is necessary.
In the case of James and Gemma, they are creating Phoebe and did not disclose the
theory, documentation and prototype with anyone. They are concerned about protecting their
invention by obtaining IP protection as because they apprehend that Clarence might obtain
knowledge about the invention created by them. If any dispute arising in this regard that can be
solved by referring the dispute to Alternative Dispute Resolution. The ADR invite alternative

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method to the formal structure that is court-based for dealing with the disputes arising out of the
intellectual property. the dispute of the parties when referring to Alternative Dispute Resolution
they assume the obligation to settle the conflict and also taken into consideration the concerns
that are different from legal norms. The particular system seeks to resolve disputes in non-
adversarial method to attain the outcome of combined advantages to the parties and it is thus the
alternative method to litigation. Thus it is regarded as a significant element of the series of
opportunity that is available to the individuals. Thus if Clarance or someone like him obtain
information about the invention made by James and Gemma and consequently disputes arise
relating to the fact. Then the efficient and robust way to settle the dispute is by referring the fact
to the Alternative Dispute Resolution.

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