Industrial application Clause Samples

Industrial application. An invention shall be considered capable of industrial application if its subject matter can be manufactured or used in any kind of industry.
View SourceView Similar (2)
Industrial application. An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture
View Source
Industrial application. (1) Subject to subsection (2) below, an invention shall be taken to be capable of industrial application if it can be made or used in any kind of industry, including agriculture. The Myriad Genetics Controversy Among the genes associated with breast and ovarian cancer are: Competition between researchers The major research teams working to locate BRCA1 and BRCA2 included: • USA - ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇'▇ group and ▇▇▇▇ ▇▇▇▇▇▇▇▇'▇ group • UK- the main group were associated with ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇. • France (▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇- ▇▇▇▇▇▇▇), • Japan (▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) • Canada (▇▇▇▇▇▇▇ ▇▇▇▇▇) • In 1993 ▇▇▇▇ ▇▇▇▇▇▇▇▇’▇ team at the University of Utah, working with a database of 200,000 Mormon family groups and most of the 1.6 million descendants of the initial 10,000 Utah settlers, sought to identify the BRCA genes. • ▇▇▇▇▇▇▇▇'▇ group formed Myriad Genetics, Inc with the aim of obtaining the funding needed to complete the research. • Myriad secured funding from ▇▇▇ ▇▇▇▇▇ and Co. • In 1993, ▇▇▇▇▇▇ raised $10 million of which ▇▇▇ ▇▇▇▇▇ contributed $2.8 million over 3 years to search for the genes associated with hereditary breast cancer in return for licensing privileges for diagnostic kits and therapeutic products on BRCA1. • August 12 1994 ▇▇▇▇▇▇ filed a US patent application covering the BRCA1 and on December 2, 1997, the US Patent Office granted Myriad a patent over 47 separate mutations in the BRCA1 gene. • Subsequently, the USPTO granted seven additional patents to Myriad covering the BRCA1 gene and associated diagnostic tests, methods of detecting BRCA1 mutations and the entire sequence of the BRCA1 gene and tools used in their work. • These patents gave ▇▇▇▇▇▇ covered all uses of the BRCA1 gene. International patenting by ▇▇▇▇▇▇ • Canada - 2000 and 2001 patents covering BRCA1 and mutations and diagnostic tests • Europe – 2001 • Australia – 2001 • New Zealand 2001 • Japan 2001 • In 1996 Myriad began marketing its diagnostic tests: (1) the Comprehensive BRCA Analysis, which involved full sequence testing of the BRCA1 and BRCA2 genes (offered at the time at US$2400), (2) the Single Site BRCA Analysis test (offered at US$395.00) Infringement of ▇▇▇▇▇▇’s patents • From May 1998, ▇▇▇▇▇▇ sought to eliminate BRCA testing at competing laboratories by sending cease-and-desist letters. Concerns centred on • the prices charged by Myriad for its screening tests (up to three times those charged by laboratories in Australia, Europ...
View Source
Industrial application. An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture T 870/04 (BDP1 Phosphatase/MAX- ▇▇▇▇▇▇) T 898/05 (Hematopoietic receptor/ Zymogenetics) T 19/90 (Onco-mouse/Harvard) T 72/04 (Pulp heating/Kvaerner) The effect of licences under patents Fundamentals of infringement claimant Construction of patent specifications Plaintiff/ Grounds for Jursidiction and procedure Defences and remedies Decisions and judgments Burden of proof Liability National approaches The grant of a patent, a supplementary protection certificate (SPC) or a utility model is subject to review as to whether or not the requirements for patentability have been met. Patents are granted by national patent offices or the European Patent Office (EPO) after an examination as to the patentability of the invention. However, not all the relevant prior art or other relevant issues for the assessment of patentability may have been identified by the patent office, or their significance may not have been correctly recognised during examination. Given the potential impact on the public at large of the monopoly which patents and SPCs provide, there are public policy reasons for facilitating the removal of invalid patents from patent registers. Accordingly, a number of judicial means exist across Europe for challenging the validity of patents. Invalidity can be raised in separate invalidity (revocation or cancellation) proceedings (before the EPO, see Article 99 of the European Patent Convention (EPC) for European patents, and/or national decision-making bodies such as courts or patent offices). It can also be raised in most European jurisdictions as a counter-claim or defence in infringement proceedings (“no invalid patent can be infringed”), so that the respective court can revoke the patent (with erga omnes effect) or dismiss the action on invalidity grounds. Such counter-claim and use as a complete defence does not exist in, for example, Germany, Austria and Hungary, which operate a “bifurcated” system. Under this system, erga omnes revocation decisions are given by specialised decision-making bodies rather than the trial courts hearing the infringement case. In German and Austrian infringement proceedings, the infringement courts will only suspend an injunction to await the revocation decision if they believe the likelihood of revocation Differences between bifurcated and non- bifurcated systems to be high (i.e...
View Source

Related to Industrial application

  • Territorial application This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied, and under the conditions laid down in that Treaty and, on the other hand, to the territory of the United States.

  • General Application The rules set forth below in this Article VI shall apply for the purposes of determining each Member’s allocable share of the items of income, gain, loss and expense of the Company comprising Net Income or Net Loss for each Fiscal Year, determining special allocations of other items of income, gain, loss and expense, and adjusting the balance of each Member’s Capital Account to reflect the aforementioned general and special allocations. For each Fiscal Year, the special allocations in Section 6.03 hereof shall be made immediately prior to the general allocations of Section 6.02 hereof.

  • Provisional Application Upon signature of this Compact, and until this Compact has entered into force in accordance with Section 7.3, the Parties will provisionally apply the terms of this Compact; provided that, no MCC Funding, other than Compact Implementation Funding, will be made available or disbursed before this Compact enters into force.

  • Commercial Driver’s License As a result of recent Federal statutory requirements, the State of Michigan enacted Act 346 of 1988. The parties agree that as a result of these statutory requirements some employees within the Technical Bargaining Unit may be required to obtain and retain a Commercial Drivers License (CDL) to continue to perform certain duties for the State. Whenever a CDL is referred to in this Section, it is understood to mean the CDL and any required endorsements. In order to implement this provision, the parties agree to the following: A. The Employer will reimburse the cost of obtaining and renewing the required CDL group license and endorsements for those employees in positions where such license and endorsements are required. B. The Employer will reimburse, on a one time basis, the fee for the skills test, if required, provided the skills test is not being required because of the employee's poor driving record. In that case, the employee is responsible for the cost of the skills test. Where a skills test is required, the employee will be permitted to utilize the appropriate state vehicle. C. Employees shall be eligible for one grant of administrative leave to take the test to obtain or renew the CDL. Should the employee fail the test initially, the employee shall complete the necessary requirements on non-work time. D. Employees reassigned to a position requiring a CDL shall be eligible for reimbursement and administrative leave in accordance with paragraphs 1, 2, and 3 of this Section. E. Employees desiring to transfer, promote, bump or be recalled to a position requiring a CDL are not eligible for reimbursement for obtaining the initial CDL but shall be eligible for reimbursement for renewals. F. Employees who fail to obtain, or retain, a CDL may be subject to removal from their positions. Employees who fail required tests may seek a 90 day extension of their current license, during which the Employer will retain the employee in his or her current or equivalent position. The Employer shall not be responsible for any fees associated with such extensions. At the end of the 90 day extension, if the employee fails to pass all required tests, the employee may be reassigned at the Employer's discretion, in accordance with applicable contractual provisions, to an available position not requiring a CDL for which the employee is qualified, or, if no position is available the employee will be laid off without bumping rights and will be placed on the Departmental Recall List, subject to recall in accordance with this Agreement. Those employees not choosing to extend their license for the 90 day period will be removed from their positions at the expiration of their current license and may be reassigned at the Employer's discretion, in accordance with applicable contractual provisions, to an available position not requiring a CDL for which the employee qualifies, or if no position is available, he or she will be laid off without bumping rights and will be placed on the Departmental Recall list. G. Employees required to obtain a medical certification of fitness shall have the "Examination to Determine Physical Condition of Drivers" form filed in their medical file. A copy of the medical "Examiners Certificate" shall be placed in their personnel file. The Employer agrees to pay for the examination and to grant administrative leave for the time necessary to complete the examination. The fitness standards for a CDL are unchanged from current Federal Department of Transportation Standards and Michigan Motor Carrier Standards. H. Employees who do not meet the required physical standards but who are otherwise qualified for a CDL may apply for a waiver to the Motor Carrier Appeal Board. I. Those employees employed by the State as intra-state drivers prior to June 10, 1984 shall be grandparented into the process and thereby be exempt from the medical certification requirement.

  • Industrial Property Rights For the purpose of this Agreement, "INDUSTRIAL PROPERTY RIGHTS" shall mean all of the Company's patents, trademarks, trade names, inventions, copyrights, know-how or trade secrets, formulas and science, now in existence or hereafter developed or acquired by the Company or for its use, relating to any and all products and services which are developed, formulated and/or manufactured by the Company.