Wk4 DQ1

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Grand Canyon University *

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825

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Law

Date

Apr 3, 2024

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docx

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2

Uploaded by BauerKingston2025 on coursehero.com

PowerSource develops a new charger that will charge any small electronic device wirelessly that is located within 10 feet of the charger. Is this new invention patentable? Why or why not? Even though PowerSource invents the technology first, what happens if SuperCharge, a close competitor, files a patent on this new invention first? What advice would you give to PowerSource to protect its investment in the research and development of this technology? Why? The patentability of PowerSource's new wireless charger depends on a few factors. Generally, to be eligible for a patent, an invention must be novel, non-obvious, and useful (Simonton, 2012). If PowerSource's charger meets these criteria, it could be patentable. However, if SuperCharge files a patent on a similar invention first, it could pose a challenge to PowerSource. The first-to-file system is followed in many patent jurisdictions, which means that the first inventor to file a patent application for an invention is granted the rights to that invention (Simonton, 2012). Even if PowerSource invented the technology first, if SuperCharge files a patent application before PowerSource, SuperCharge could potentially obtain the patent rights. To protect its investment in the research and development of the technology, PowerSource should expedite the process of filing a patent application to establish its priority over the invention. Timely filing can be crucial in securing patent rights. This can create a strong defensive position and deter competitors from infringing on PowerSource's innovations (Fisher III & Oberholzer-Gee, 2013). Maintaining detailed records of the invention's development, including research notes, prototypes, and any other relevant documentation. This can be valuable in proving the invention's priority date in case of disputes. And when engaging in discussions or collaborations with external parties, consider having them sign non-disclosure agreements to protect sensitive information related to the technology (Fisher III & Oberholzer- Gee, 2013). Continue to innovate and improve the technology. Regularly update and file new patent applications for improvements or additional features, creating a robust patent portfolio. Keep a close eye on competitors' activities, especially in patent filings. If SuperCharge files a patent, PowerSource should assess the scope of the claims and, if necessary, consider challenging the patent's validity (Simonton, 2012). If the market for the wireless charger extends beyond a single jurisdiction, consider filing for international patents to protect the technology globally. Notwithstanding, it's advisable for PowerSource to consult with intellectual property attorneys to develop a comprehensive strategy tailored to its specific situation. References: Fisher III, W. W., & Oberholzer-Gee, F. (2013). Strategic management of intellectual property: An integrated approach.  California Management Review ,  55 (4), 157-183. Simonton, D. K. (2012). Taking the US Patent Office criteria seriously: A quantitative three- criterion creativity definition and its implications.  Creativity research journal ,  24 (2-3), 97-106.
Biagioli, M., Jaszi, P., & Woodmansee, M. (Eds.). (2019).  Making and unmaking intellectual property: creative production in legal and cultural perspective . University of Chicago Press. Boldrin, M., & Levine, D. K. (2013). The case against patents.  Journal of Economic Perspectives ,  27 (1), 3-22. Heath, D., & Mace, C. (2020). The strategic effects of trademark protection.  The Review of Financial Studies ,  33 (4), 1848-1877. Miller, R. L. (2021).  Business law today: Comprehensive edition  (13th ed.). Boston, MA: Cengage. ISBN-13: 9780357634691 REFERENCE FOR THIS CLASS: KEEP IN CASE YOU NEED TO USE IT Miller, R. L. (2021).  Business law today: Comprehensive edition  (13th ed.). Boston, MA: Cengage. ISBN-13: 9780357634691
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