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Is it Patentable?
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   is it patentable
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colourfulsusan
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is it patentable
« on: May 3rd, 2006, 3:50am »
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pls answer the following questions-
 
 
1. if i m  doing  my research in public (the nature of the experiment compels me to conduct the experiment on the road in the public),is it patentable?if someone else patented it(after seeing my experiment),how can i protect my invention ?  
 
2. i made a pen of iron which has lot of technical problems.my friend change the material and solved  all the problem.he also adopted the same logo and style of writing as i did.
a.pls tell me how can i proceed againt my friend for copyright infringement in respect to the style of writing.
b.how can i defend myself.
c.what are the facts through which my friend can protect himself.
 
3.if a abc fast food inc and abc phrma inc have the same name register under the trademark act with respect to diffrent classes of goods,can the both obtain same domain name?what r the governing rule.
 
4.if i took  photos of small children with the theme of _expression of babies , what r the jurisdictional issues as in india,child is the face of god but in Usa ,nude photos are defined as ****igraphy.
 
susan
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Wolfcastle
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Re: is it patentable
« Reply #1 on: May 3rd, 2006, 4:54am »
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Quote:
1. if i m  doing  my research in public (the nature of the experiment compels me to conduct the experiment on the road in the public),is it patentable?if someone else patented it(after seeing my experiment),how can i protect my invention ?  

 
This is probably the classic example of the experimental use exception to 35 USC 102(b). The story goes: A man comes up with a new and better way of making a road, but in order to test it, he has to lay down a mile of road and let horses walk over it for a few years. Is his invention patentable even though it has been in public use for a few years? In theory, the answer is yes. In reality....well...reality is more complicated.
 
If someone else were to get a patent off an invention they didn't make(neglecting a few exceptions), then their patent would be invalid under 35 USC 102 f.
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JimIvey
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Re: is it patentable
« Reply #2 on: May 3rd, 2006, 12:44pm »
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on May 3rd, 2006, 3:50am, colourfulsusan wrote:
2. i made a pen of iron which has lot of technical problems.my friend change the material and solved  all the problem.he also adopted the same logo and style of writing as i did.
a.pls tell me how can i proceed againt my friend for copyright infringement in respect to the style of writing.
b.how can i defend myself.
c.what are the facts through which my friend can protect himself.

I don't think you have much leverage with respect to writing style, although maybe you mean literary style as opposed to the aesthetic qualities of your handwriting (my first intrepretation of your question).  I doubt you'd have any copyright leverage at all.  You might have unfair competition leverage if your handwriting and/or writing style identifies you as a source or goods/services (like a trademark).  If customers thought that your friend's goods/services were coming from you because of the similarities, you might have a case.
 
I'm not sure what you mean by your friend protecting himself -- from you?  from others copying him?
 
on May 3rd, 2006, 3:50am, colourfulsusan wrote:
3.if a abc fast food inc and abc phrma inc have the same name register under the trademark act with respect to diffrent classes of goods,can the both obtain same domain name?what r the governing rule.

No, they can't share the same domain name any more than they can share the same telephone number.  It's simply a practical limitation, not a legal one.
 
on May 3rd, 2006, 3:50am, colourfulsusan wrote:
4.if i took  photos of small children with the theme of _expression of babies , what r the jurisdictional issues as in india,child is the face of god but in Usa ,nude photos are defined as ****igraphy.

First, nudity is not per se ****igraphy in the US.  I think Justice Stephens knows it when he see it, so we're supposed to send all nude photographs and questionable materials to Justice Stephens for review.  Actually, I'm joking.  Please don't send anything to Justice Stephens.  Send it all to me.  Actually, I'm joking again....
 
The jurisdictional issues tend to be defined by where you want your rights enforced.  If you want people to stop copying your photographs in India, Indian law applies (most likely).  If you want people to stop copying your photographs in the US, US law applies (most likely).
 
I hope that helps.  I thought you got a good answer to question 1, so I left that one alone.
 
Regards.
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James D. Ivey
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Isaac
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Re: is it patentable
« Reply #3 on: May 3rd, 2006, 2:27pm »
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Now that I think about it, it is not ****ography (other than child ****ography) that is illegal.  I think things like Playboy are properly classified as ****o but are not illegal.
 
It's obscene material that is illegal, and is also the stuff that Justice Stewart could recognize on sight
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Isaac
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