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 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. 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. 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. 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 January 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 scrutin...
Patent Law. The rights of the Parties to Subject Inventions shall be as set forth in the Patent rights clause of 37 CFR 401.14. The Agency may obtain title to any Subject Invention not elected by a Party as set forth in the Patent rights clause.
Patent Law. A patent is a legal right issued by a government to an inventor for a fixed number of years67. The patent is issued for an invention. An invention is an idea that solves a certain problem.68 The patent right is exclusive and the proprietor69 can exclude anyone else from making, selling or using70 the patented invention during the patent period. The patent system is highly formalistic and the patent right is obtained through application. The application must meet a number of formal and material standards. Among other things, it must contain a description of the invention.71 The scope of the protection sought must be defined in certain claims72 and the application must hold a summary of the invention73. All this is so that the subject matter of the sole right is accessible to “a person skilled in the art”74. 65 Xxxxxx X. Xxxxxx; Priorities in scientific discovery in The sociology of science, supra note 31 at p. 293. 66 Xxxxxx X. Xxxxxx; Behaviour patterns of scientists in The sociology of science, supra note 31 at p. 332. 67 Article 33, the TRIPS agreement stipulates that the patent term “shall not end before the expiration of a period of twenty years counted from the filing date.” Twenty years is now a widely accepted patent term. COM (2000) 412 final, Article 27. 1.a and 4 chapter 40 § patentlagen (1967:837). 68 Not all inventions are inventions from a patent law perspective. Discoveries, scientific theories and mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, presentations of information, methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body are non-patentable inventions. EPC, Article 52 and 1 chapter 1 § second passage, point 1-4 patentlagen (1967:837).
Patent Law. The rights of the Parties to Subject Inventions shall be as set forth in the Patent rights clause of 37 CFR 401.14. The Agency may obtain title to any Subject Invention not elected by a Party as set forth in the Patent rights clause. A Subject Invention shall be owned by the Party whose employees make or generate the Subject Invention. All rights to Subject Inventions made solely by employees of UIUC will belong solely to UIUC (“UIUC Inventions”). All rights to Subject Inventions made solely by employees of SBC will belong solely to SBC (“SBC Inventions”). All rights to Subject Inventions made jointly by employees of UIUC and employees of SBC will belong jointly to UIUC and SBC unless otherwise agreed in writing between the Parties (“Joint Inventions”).
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.
