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Questions to answer on Management - Essay Example

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Management 1. Describe, and comment upon, the steps to be taken by an engineer between conceiving an original idea of a product and possessing a British patent on it. How might such a patent be subsequently invalidated? (10 marks) Discuss how such patent cover may be extended to other countries and what the options are…
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The patent right enables an individual to own the idea or invention for substantial period of time so that it can be developed sufficiently into a real invention or business. Patent rights provide protection for the idea or invention from being copied or reproduced by others. Firstly, the idea or invention has to be explained in brief through an application made to the Government Patent Office by an agent or lawyer. This will be reviewed and approved if original and new. Once the first application is approved, a date will be given to the application during which he/she can work on the idea; this date is referred to as the ‘priority date.

’ Once approved, a plan for its development must be prepared and produced to the patent office for further approval within 12 months. During this period, the inventor can advertise or publish the idea. After one year, the inventor needs to produce a detailed plan for its development, which is referred to as the ‘Final Specification.’ If this idea is completely new and does not match with any of the other patents, then it is approved. If it finds any similarities with others, it is rejected.

Rejection is accompanied with sufficient explanation. The applicant can also modify it in case it resembles any other idea. If the inventor fails to abide by the confidentiality of the idea or leaks the idea in some way, the patent will be subject to cancellation. Hence, confidentiality is very important during the period when first application is sent for approval. Secondly, if the idea or invention resembles or already exists in the market, then patent rights may be rejected. Patents applied in the United Kingdom are valid only within that country.

To obtain patent protection in different countries, separate patents must be filed according to the respective country’s regulations. Obtaining international patents are very expensive. However, the International Convention on Patents provides a common priority date for all patents during which ideation and development in different countries can be prepared. One common committee governing European patents is the European Patent Office (EPO), which provides patent protection in all European countries at the same time.

Hence, patents issued by the EPO are enforceable by individual nations within the European Union and few other countries that come in the purview of EPO. Moreover, the patents issued by the EPO are governed by laws related to various international committees. Patents are divided mainly into 3 categories namely utility patents, design patents, and plant patents depending upon the idea or invention. In the engineering sector, utility and design patents are more common ones. National patents issued within European countries are governed by national legislation and could include aspects related to filing the patents, examination, scope of grants, invalidation, breach and revocation.

Patents obtained on methods or ideas related to procedures and certain products are not same in all countries. For instance, patents approved in the United States for certain products or procedures may not be approved in the United Kingdom and other countries. Under an employment agreement, ideally all inventions that are made during the employment and related to the job during working hours and with the use of official resources are owned by the employer. Therefore, if an employee invents something related to his/her job, then the rights to that invention are with the

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