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Pages:
3 pages/β‰ˆ825 words
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3 Sources
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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MS Word
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Total cost:
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Topic:

Patent Evaluation: Emergency Tag For Chronically-ill Patients

Essay Instructions:

Patent Infringement and Assignment and Licensing a Patent

After filing a patent, there are more legal considerations especially if you do not intend to manufacture your invention. Assigning or licensing your patents to other inventors or corporations is a common way to obtain revenue after a patent has been filed. Think of an assigned patent as property of the inventors or owners. This patent gives the owners the legal right to exclude others from making, selling, or importing the invention. This patent can then be assigned (ownership transferred) to another person or company, or the technology can be licensed (right to manufacture or produce permitted) to another person or company.

As previously discussed, many companies or institutions require employees to assign patents invented during employment to the employer. If you are considering working for a company where you will be in a position to be an inventor on patents, consider the patent policy of the company before accepting employment. You should see if the company offers compensation to inventors for patents. After you assign your patent rights to an institution or company they can file a patent, listing you as an inventor, even if you are deceased, in jail, or considered mentally insane. Ensure you understand your rights to your inventions before signing any employment agreements.

After filing a patent, if you believe your patent has been infringed, you should begin researching the infringing product. You can start by examining your claims and the extent to which the competing invention infringes upon them. If you believe that the product infringes the claims of your patent, you can take legal action against the person or company infringing on your patent. It is also necessary to evaluate the financial benefit of taking legal action. For instance, if a small science laboratory is infringing your patent and is not selling the device, a cease-and-desist letter might suffice, as they are not making a profit. If a large company is making a profit off of a product that infringes your patent it would be worth investing in legal counsel to represent you. 

Assignment 2: Evaluate Assigning and Licensing of a Patent

Instructions:

A big cooperation has contacted you about the invention you have patented. They are interested in obtaining the intellectual property rights for your invention. In a few paragraphs (300-400 words), describe if you would be interested in licensing or assigning your patent to the company. What are the advantages and disadvantages of each? Would you be about to sell your IP to other companies? Please review the online video on licensing vs. assigning.

Length: 2-3 page not including title and reference pages

Essay Sample Content Preview:

PATENT ASSIGNING AND LICENSING EVALUATION
Emergency Tag for Chronically-Ill Patients
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PATENT ASSIGNING AND LICENSING EVALUATION
Emergency Tag for Chronically-Ill Patients
Protecting an innovative design and preventing competitors from stealing, infringing, or using it without knowledge maintains the innovation’s advantageous role in a business. After all, a business primarily stays competitively active and functional in the marketplace through innovation. The asset protecting the innovation, the intellectual property is termed as patents.
Patents require valuation and assessment, accompanied by the responsibility the parties involved. Patents, as assets, are of great importance more so at present where businesses are in boom and aim to be globally competitive; thereby, licensing and assigning of patents are pervasively progressing in prominence (Needle, 2018). Licensing refers to the licensee being allowed for his (literary) work to be published whilst retaining his copyright ownership. Assigning, on the other hand, refers to the transfer of intellectual property by agreement or deed. Future intellectual property rights (for intellectual properties which are yet to be made), intellectual property rights, also known as rights in patentable inventions, and literary work copyright define the most usual of assigned forms (Monash, 2014). Business of different types frequently either cross-license its innovative technology and in turn trades for a third party’s technology for technological expansion, sell or license its own patents for revenue production, or purchase or license technology from third parties for revenue purposes as well (Morah, 2018).
Patent Licensing: Pros and Cons
Sharing rights of intellectual property (IP) profits both inventor and buyer considering the risks, however. Licensing disadvantages include uncertainty to future revenues since the usual preference for payment comes in the form of royalties. A possibility of the licensee becoming a rival company or business inevitably presents as a big disadvantage. More importantly, in cases where a new technology enters the market, the owner may be jeopardized with lower royalties. This last one is relative to long-term business relations established by license agreements (European IPR Helpdesk, 2013).
With regards to non-exclusive or sole licenses, licensing agreements exploit in a way which allows the innovation’s inventor or the intellectual property’s owner in continuing his usage of the said property. This defines one advantage of patent licensing. Accessing new markets and introducing the intellectual property to these markets where there has been previously lack of ways to break into or have lack of experience describe another benefit for the licensor. Licensing also enables the licensor in regaining full control over his intellectual property. Moreover, the licensee handles the sales, marketing, packaging, distribution, and manufacturing costs; hence, money for commercializing the intellectual property is not a big concern for the patent owner (European IPR Helpdesk; NIBusiness Info, n.d.).
Patent Assigning: Pros and Cons
A usage of the intellectual property...
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