The section 105 loophole : potential extraterrestrial patent claims /
Harold Lowell is a nuclear engineer who specializes in small modular reactors (SMRs). These are a new generation of nuclear reactors. Harold realizes that if he combines two technologies, a standard model for an SMR and a specific manufacturing method, he can patent a general system for nuclear-powe...
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| Format: | eBook |
| Language: | English |
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London :
SAGE Publications: SAGE Business Cases Originals,
2023.
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| Series: | SAGE business cases.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | Harold Lowell is a nuclear engineer who specializes in small modular reactors (SMRs). These are a new generation of nuclear reactors. Harold realizes that if he combines two technologies, a standard model for an SMR and a specific manufacturing method, he can patent a general system for nuclear-powered manufacturing of building blocks on the Moon. He visits a patent attorney and tells him that he wants to patent a system for "nuclear-powered brick manufacturing" on the Moon. The attorney looks over the documents that Harold gives him and responds that he cannot do it. The claims are too general and he is trying to patent something that has not yet been built. All he has is a prototype design. The attorney is convinced that attempting to patent something that will only work on the Moon is a useless legal endeavor. How will patent infringement claims be litigated? Parties will have to agree to a jurisdiction for arbitration, and there is no guarantee that will happen, or that it can happen. Should Harold attempt to patent his idea anyway? Is the current patent system capable of handling general patents for extraterrestrial use and litigation? Students will be asked to determine whether upholding the current system of patents will be a useful strategy in advancing human technology and presence in outer space. They will be asked to consider what other types of legal systems might exist to balance protecting inventors and advancing technologies for the common good. |
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| Physical Description: | 1 online resource. |
| ISBN: | 9781529621938 1529621933 |