Government-granted Monopolies
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Government-granted Monopolies
In economics, a government-granted monopoly (also called a "de jure monopoly" or "regulated monopoly") is a form of coercive monopoly by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation, or other mechanisms of government enforcement. As a form of coercive monopoly, government-granted monopoly is contrasted with an ''Monopoly#Breaking up monopolies, unregulated monopoly'', wherein there is no competition but it is not forcibly excluded. Amongst forms of coercive monopoly it is distinguished from government monopoly or state monopoly (in which ''government agencies'' hold the legally enforced monopoly rather than private individuals or firms) and from government-sponsored cartels (in which the government forces ''several independent'' producers to partially coordinate their decisions through a centralized organization). Advocates for governm ...
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Economics
Economics () is the social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behaviour and interactions of Agent (economics), economic agents and how economy, economies work. Microeconomics analyzes what's viewed as basic elements in the economy, including individual agents and market (economics), markets, their interactions, and the outcomes of interactions. Individual agents may include, for example, households, firms, buyers, and sellers. Macroeconomics analyzes the economy as a system where production, consumption, saving, and investment interact, and factors affecting it: employment of the resources of labour, capital, and land, currency inflation, economic growth, and public policies that have impact on glossary of economics, these elements. Other broad distinctions within economics include those between positive economics, desc ...
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Franchising
Franchising is based on a marketing concept which can be adopted by an organization as a strategy for business expansion. Where implemented, a franchisor licenses some or all of its know-how, procedures, intellectual property, use of its business model, brand, and rights to sell its branded products and services to a franchisee. In return, the franchisee pays certain fees and agrees to comply with certain obligations, typically set out in a franchise agreement. The word ''franchise'' is of Anglo-French derivation—from , meaning 'free'—and is used both as a noun and as a (transitive) verb. For the franchisor, use of a franchise system is an alternative business growth strategy, compared to expansion through corporate owned outlets or "chain stores". Adopting a franchise system business growth strategy for the sale and distribution of goods and services minimizes the franchisor's capital investment and liability risk. Franchising is rarely an equal partnership, especially in ...
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World Intellectual Property Organization
The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020. WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform stand ...
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Business Method Patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking and tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major corporations. Background In general, inventions are eligible for patent protection if they pass the tests of patentability: patentable subject matter, novelty, inventive step or non-obviousness, and industrial applicability (or utility). A business method may be defined as "a method of operating any aspect of an economic enterprise". History France On January 7, 1791, France passed a patent law that stated that "Any new discovery or invention, in all types of industry, is owned by its author...". Inventors paid a fee depending upon the desired ...
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Patentable Subject Matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious. Together with criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ from country to country, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability. Legislations The subject-matter which is regarded as patentable as a matter of policy, and correspondingly the subject-matter which is excluded from patentability as a matter of policy, depends on the national legislation or international treaty. Canada According to the Canadian Intellectual Property Office (CIPO) patents may only be granted for physical embodiments of an idea, or a process that results in something that is tangi ...
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Industrial Applicability
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance. An example of invention which would ''not'' be susceptible of industrial application is "a method of contraception ..to be applied in the private and personal sphere of a human being". In United States patent law, the utility requirement is a more or less corresponding, but different, requirement. Jurisdictions European Patent Convention Under the European Patent Convention (EPC), the requirement that an invention must be susceptible of industrial application to be patentable means that the invention "can be made or used in any kind of industry, including agriculture". In decis ...
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Utility (patent)
In United States patent law, utility is a patentability requirement. As provided by , an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. The majority of inventions are usually not challenged as lacking utility, but the doctrine prevents the patenting of fantastic or hypothetical devices such as perpetual motion machines. The patent examiners guidelines require that a patent application expresses a specific, credible, and substantial utility. Rejection by an examiner usually requires documentary evidence establishing a ''prima facie'' showing that there is no specific, substantial, and credible utility. European patent law does not consider utility as a patentability criterion. Instead, it requires that to be patentable an invention must have industrial applicability. Utility criteria In considering the requirement of utility for patents, there are three main factors to review: operability of the invention, a benefic ...
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Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product desi ...
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Novelty (patent)
Novelty is a requirement for a patent claim to be patentable. An invention is not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application. The purpose of the novelty requirement is to prevent prior art from being patented again.: "I. Patentability; C. Novelty; 1. General" ("An invention can be patented only if it is new. An invention is considered to be new if it does not form part of the state of the art. The purpose of Art. 54(1) EPC is to prevent the state of the art being patented again (T 12/81, OJ 1982, 296; T 198/84, OJ 1985, 209).") Definition Novelty is requirement for a patent claim to be patentable. In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considered new and ...
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Claim (patent)
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analy ...
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Invention
An invention is a unique or novel device, method, composition, idea or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It may also be an entirely new concept. If an idea is unique enough either as a stand alone invention or as a significant improvement over the work of others, it can be patented. A patent, if granted, gives the inventor a proprietary interest in the patent over a specific period of time, which can be licensed for financial gain. An inventor creates or discovers an invention. The word ''inventor'' comes from the Latin verb ''invenire'', ''invent-'', to find. Although inventing is closely associated with science and engineering, inventors are not necessarily engineers or scientists. Due to advances in artificial intelligence, the term "inventor" no longer exclusively applies to an occupation (see human computers). Some inventions can be patented. The system of patents was established ...
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Term Of Patent
The term of a patent is the maximum time during which it can be maintained in force. It is usually expressed in a number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, annuities or maintenance fees have to be regularly paid in order to keep the patent in force. Thus, a patent may lapse before its term if a renewal fee is not paid in due time. International harmonization Significant international harmonization of patent term across national laws was provided in the 1990s by the implementation of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). Article 33 of the TRIPs Agreement provides that :"The term of protection available or patentsshall not end before the expiration of a period of twenty years counted from the filing date." Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This h ...
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