National Paralegal College Patent Rights Paper

User Generated

Oevggnal08sberire

Law

National Paralegal College

Description

Tom is a baseball player who enjoys practicing his pitching in his backyard. Unfortunately, he has nobody who is willing to play with him. Therefore, he has to throw his ball against the wall of his house and wait for it to bounce back to him. This is inefficient, as the ball often bounces in other directions and having to retrieve the ball breaks his concentration.


After a lot of thinking and some trial and error, Tom figures out that if you combine certain kinds of hard plastics and use them to manufacture a screen, baseballs thrown against the screen will quickly bounce back to the thrower. Therefore, he sets us a small vertical platform in the shape of a baseball strike zone made of a certain hard plastics that will reflect thrown balls back to the thrower. After using this successfully for some time, Tom applies for and receives a patent for his invention. Later, Frank develops the same product on his own and begins marketing it.

In the subsequent lawsuit, Frank claims that Tom's patent should not have been issued because the invention was obvious.

Please discuss, based on applicable case law, what the standards the court will use to analyze this question. Also, please apply that analysis and discuss who should win the case.

An IRAC-style essay is appropriate for this assignment.

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Explanation & Answer

Attached.

Surname 1
Name
Institution
Instructor
Date
Patent Rights
Issue
The issue at hand involves Tom claiming that Frank has used his invention ideas to come up with
a duplicate product and sell it in the market. According to Tom, he is the one who invented the
screen since no one had used or made it before. Tom had been issued patent rights, which means
he was the original maker of the screen. However, according to Frank, the inventions were
obvious and anyone ...


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