Evaluation of patent
The vast majority of countries do not present a specific mention in the Law for polymorphic form patent application, but still many patents are granted. The polymorphic forms are expressly regulated in India, as long as patentability requirements are met and efficiency is increased.
Both second medical use and new polymorphic forms are currently patentable according to Law, evaluating the novelty and inventive activity in Brazil; however, the guidelines were not clear. A guideline proposal for the evaluation of patent application for new polymorphic forms is being prepared.
Guideline Proposal for the Evaluation of new polymorphic forms
- Definitions were established for: polymorphism, crystalline and amorphous forms, medicine, pharmaceutical composition, pharmaceutical formulation, adjuvant, excipient and monocrystal.
- It is indispensable that the descriptive report has the necessary characteristics to the complete description of new polymorphic forms, according to technologies inherent to its perfect characterization, such as the following examples, or validated alternative techniques that best identify them:
a) Single-crystal X-ray diffraction (monocrystal
Evaluation of Patents
Book (Kluwer Law International)
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One of the main problems....
When doing a trial and error evaluation of which 'drug' is right for you is that we do not yet know enough about the individual genetic makeup of individuals to know who will respond to which chemicals.
Another problem is that docs pick out of their magic bag only the latest, greatest still patent protected, high dollar SSRI class of anti-depressant. For me, and my extended family, the old...et healthier!
In closing, TELL your therapist that you have trouble relaxing and ask to be taught some physical relaxation methods that can start each session. Any competent therapist should be willing able to do this.
Good luck - but expect some pressure to stick with the SSRI's - educate yourself about them vs the tricyclics on the web before you go to your medication doctor again.
You don't need a patent attorney
Do NOT use a patent attorney to "advise you how to proceed in bringing your idea to the market". That's NOT what a patent attorney does. A patent attorney ONLY writes up your patent application for you. He makes no evaluation of your idea nor can he advise on how to sell it or bring it to market.
Dissent in part
Claims are evaluated under a number statutory sections including utility; novelty; obviousness; and enablement.
If the Examiner believed that the invention could not possibly work as recited in a claim, he could reject it as lacking utility or enablement. However, while Examiners _can_ do this, very few are in a position to really conduct such an evaluation. In most cases, examiners don't ... enablement. Enablement refers to the ability of one having ordinary skill in the art to practice the claimed invention (i.e. as defined by the _issued_ claims) based on the technical material included in the specification (the more conventional narrative description portion of the patent). The ability of a skilled artisan to practice the invention necessarily implies that the invention "works."
Finding a lawyer
You need to consult with a big time patent law firm which will be able to sustain the costs of such litigation and have the resources to handle it. Those firms are also the same ones who can give you a realistic evaluation of the strength of your claim.
Do not consult solo practitioners or very small firms which do not do this type of work all the time. You are going to have to do some significant online research to find a good lawyer. There are a lot of lawyers who will advertise themselves as patent infringement attorneys but they have very little experience at it. Start reading up on it and then make your calls.
"But in the end we are all accountable for what we do in society. Why should teachers be exempt from this "fact of life"?
-There is one critical difference between the examples you listed and the concept of judging teachers by student test score: quality control. Passing the Bar exam after law school, surgical boards after med school, or any other professional test is strictly under the co... if these situations truly mimicked public schools, they would have no choice in the matter. They would HAVE to accept the interns, HAVE to let someone else argue their case.
Honestly, I'm not against fair evaluations. But you CAN'T pattern them after other forms of evaluation in which each individual is in charge of his own result, because that's not representative of the education field.
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