🔥🔥🔥 Leon Bridges Research Paper
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It is also possible to challenge the validity of a patent in court. In either case, the challenging party tries to prove that the patent should never have been granted. There are several grounds for challenges: the claimed subject matter is not patentable subject matter at all; the claimed subject matter was actually not new, or was obvious to the person skilled in the art , at the time the application was filed; or that some kind of fraud was committed during prosecution with regard to listing of inventors, representations about when discoveries were made, etc. Patents can be found to be invalid in whole or in part for any of these reasons.
Patent infringement occurs when a third party, without authorization from the patentee, makes, uses, or sells a patented invention. Patents, however, are enforced on a national basis. The making of an item in China, for example, that would infringe a US patent, would not constitute infringement under US patent law unless the item were imported into the US. Infringement includes literal infringement of a patent, meaning they are performing a prohibited act that is protected against by the patent. There is also the Doctrine of Equivalents. This doctrine protects from someone creating a product that is basically, by all rights, the same product that is protected with just a few modifications.
This could be a company helping another company to create a patented product or selling the patented product which is created by another company. With either national or regional exhaustion being the law the in country B, the owner may still be able to enforce their patent rights; however, if country B has a policy of international exhaustion, then the patent owner will have no legal grounds for enforcing the patent in country B as it was already sold in a different country.
Patents can generally only be enforced through civil lawsuits for example, for a US patent, by an action for patent infringement in a United States federal district court , although some countries such as France and Austria have criminal penalties for wanton infringement. To prove infringement, the patent owner must establish that the accused infringer practises all the requirements of at least one of the claims of the patent. In many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the doctrine of equivalents. An accused infringer has the right to challenge the validity of the patent allegedly being infringed in a counterclaim.
A patent can be found invalid on grounds described in the relevant patent laws, which vary between countries. Often, the grounds are a subset of requirements for patentability in the relevant country. Although an infringer is generally free to rely on any available ground of invalidity such as a prior publication , for example , some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity. Patent licensing agreements are contracts in which the patent owner the licensor agrees to grant the licensee the right to make, use, sell, or import the claimed invention, usually in return for a royalty or other compensation.
It is common for companies engaged in complex technical fields to enter into multiple license agreements associated with the production of a single product. Moreover, it is equally common for competitors in such fields to license patents to each other under cross-licensing agreements in order to share the benefits of using each other's patented inventions. Freedom Licenses like the Apache 2. This can make it difficult to enforce because patent licenses cannot be granted this way under copyright and would have to be considered a contract.
In most countries, both natural persons and corporate entities may apply for a patent. In the United States, however, only the inventor s may apply for a patent, although it may be assigned to a corporate entity subsequently  and inventors may be required to assign inventions to their employers under an employment contract. In most European countries, ownership of an invention may pass from the inventor to their employer by rule of law if the invention was made in the course of the inventor's normal or specifically assigned employment duties, where an invention might reasonably be expected to result from carrying out those duties, or if the inventor had a special obligation to further the interests of the employer's company.
The inventors, their successors or their assignees become the proprietors of the patent when and if it is granted. If a patent is granted to more than one proprietor, the laws of the country in question and any agreement between the proprietors may affect the extent to which each proprietor can exploit the patent. For example, in some countries, each proprietor may freely license or assign their rights in the patent to another person while the law in other countries prohibits such actions without the permission of the other proprietor s. The ability to assign ownership rights increases the liquidity of a patent as property.
Inventors can obtain patents and then sell them to third parties. The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or regional patent offices. In other words, patent law is territorial in nature. When a patent application is published, the invention disclosed in the application becomes prior art and enters the public domain if not protected by other patents in countries where a patent applicant does not seek protection, the application thus generally becoming prior art against anyone including the applicant who might seek patent protection for the invention in those countries.
Commonly, a nation or a group of nations forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws. The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts. The authority for patent statutes in different countries varies. In the UK, substantive patent law is contained in the Patents Act as amended. There is a trend towards global harmonization of patent laws, with the World Trade Organization WTO being particularly active in this area. This has also led to many developing nations, which may historically have developed different laws to aid their development, enforcing patents laws in line with global practice. Internationally, there are international treaty procedures, such as the procedures under the European Patent Convention EPC [constituting the European Patent Organisation EPOrg ], that centralize some portion of the filing and examination procedure.
A key international convention relating to patents is the Paris Convention for the Protection of Industrial Property , initially signed in The Paris Convention sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems. The Paris Convention set a minimum patent protection of 20 years, but the most significant aspect of the convention is the provision of the right to claim priority : filing an application in any one member state of the Paris Convention preserves the right for one year to file in any other member state, and receive the benefit of the original filing date.
The Patent Cooperation Treaty provides a unified procedure for filing patent applications to protect inventions in each of its contracting states along with giving owners a 30 month priority for applications as opposed to the standard 12 the Paris Convention granted. The steps for PCT applications are as follows:. Examination during the national phase. This treaty standardized the filing date requirements, standardized the application and forms, allows for electronic communication and filing, and avoids unintentional loss of rights, and simplifies patent office procedures. Sometimes, nations grant others, other than the patent owner, permissions to create a patented product based on different situations that align with public policy or public interest.
These may include compulsory licenses, scientific research, and in transit in country. Before filing for an application, which must be paid for whether a patent is granted or not, a person will want to ensure that their material is patentable. A big part of this is that patentable material must be man-made , meaning that anything natural cannot be patented. For example, minerals, materials, genes, facts, organisms, and biological processes cannot be patented, but if someone were to take this and utilize and inventive, non-obvious, step with it to create something man-made, that , the end result, could be patentable.
That includes man-made strains of bacteria, as was decided in Diamond v. An example of this is patent a man-modified higher life-form, such as a mouse as seen in Harvard College v. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant". The applicant may be the inventor or its assignee. The application contains a description of how to make and use the invention that must provide sufficient detail for a person skilled in the art i. In some countries there are requirements for providing specific information such as the usefulness of the invention, the best mode of performing the invention known to the inventor, or the technical problem or problems solved by the invention.
Drawings illustrating the invention may also be provided. The application also includes one or more claims that define what a patent covers or the "scope of protection". After filing, an application is often referred to as " patent pending ". While this term does not confer legal protection, and a patent cannot be enforced until granted, it serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages. Once filed, a patent application is "prosecuted". A patent examiner reviews the patent application to determine if it meets the patentability requirements of that country. If the application does not comply, objections are communicated to the applicant or their patent agent or attorney through an Office action , to which the applicant may respond.
The number of Office actions and responses that may occur vary from country to country, but eventually a final rejection is sent by the patent office, or the patent application is granted, which after the payment of additional fees, leads to an issued, enforceable patent. In some jurisdictions, there are opportunities for third parties to bring an opposition proceeding between grant and issuance, or post-issuance.
Once granted the patent is subject in most countries to renewal fees to keep the patent in force. These fees are generally payable on a yearly basis. Some countries or regional patent offices e. The costs of preparing and filing a patent application, prosecuting it until grant and maintaining the patent vary from one jurisdiction to another, and may also be dependent upon the type and complexity of the invention, and on the type of patent. The European Patent Office estimated in that the average cost of obtaining a European patent via a Euro-direct application, i. A defensive publication prevents others from later being able to patent the invention. A trade secret is information that is intentionally kept confidential and that provides a competitive advantage to its possessor.
Trade secrets are protected by non-disclosure agreement and labour law , each of which prevents information leaks such as breaches of confidentiality and industrial espionage. Compared to patents, the advantages of trade secrets are that the value of a trade secret continues until it is made public,  whereas a patent is only in force for a specified time, after which others may freely copy the invention; does not require payment of fees to governmental agencies or filing paperwork;  has an immediate effect;  and does not require any disclosure of information to the public. Primary incentives embodied in the patent system include incentives to invent in the first place; to disclose the invention once made; to invest the sums necessary to experiment, produce and market the invention; and to design around and improve upon earlier patents.
Based on these groups, a project named Corporate Invention Board, had measured and analyzed the patent portfolios to produce an original picture  of their technological profiles. The positive effects of patenting on national income were found to be particularly strong in the U. However, patenting is obviously not the only factor influencing GDP growth: among others, schooling also plays a big role. In accordance with the original definition of the term "patent", patents are intended to facilitate and encourage disclosure of innovations into the public domain for the common good. Thus patenting can be viewed as contributing to open hardware after an embargo period usually of 20 years.
If inventors did not have the legal protection of patents, in many cases, they might prefer or tend to keep their inventions secret e. Furthermore, when a patent's term has expired, the public record ensures that the patentee's invention is not lost to humanity. One effect of modern patent usage is that a small-time inventor, who can afford both the patenting process and the defense of the patent,  can use the exclusive right status to become a licensor.
This allows the inventor to accumulate capital from licensing the invention and may allow innovation to occur because he or she may choose not to manage a manufacturing buildup for the invention. Thus the inventor's time and energy can be spent on pure innovation, allowing others to concentrate on manufacturability. Another effect of modern patent usage is to both enable and incentivize competitors to design around or to " invent around " according to R S Praveen Raj the patented invention. Legal scholars, economists, activists, policymakers, industries, and trade organizations have held differing views on patents and engaged in contentious debates on the subject. Critical perspectives emerged in the nineteenth century that were especially based on the principles of free trade.
Boldrin and Levine conclude "Our preferred policy solution is to abolish patents entirely and to find other legislative instruments, less open to lobbying and rent seeking, to foster innovation when there is clear evidence that laissez-faire undersupplies it. The bracing for the new larger models was X braced: there were 3 transverse tone bars between the braces — 1 more than the Martin — as Gibson experimented with bracing design heavy enough to support the large tops and light enough to be resonant and responsive.
Several cost-cutting measures existed between the Advanced Jumbo and the J including scalloped braces on the advanced Jumbo and not on the J Over time the J braces began to appear scalloped. By the 3 tone bar system was reduced to 2 tone bars and the angle of the X braces change to approximately 95 degrees. This moved the X away from the soundhole a bit. Between and , Gibson only offered the sunburst finish. According to the Gibson catalog, natural finish was the only option in but we are told that at least 2 examples exist of a cherry sunburst from the same period. By , either natural or sunburst were available. A total of 2, Js were made according to Gibson records. The Advanced Jumbo has been described by some as the finest — no compromises — most powerful flat-top guitar Gibson ever designed and built.
Though it was discontinued in , the last Advanced Jumbo left the Kalamazoo plant in The back and sides were Brazilian rosewood and the tops Adirondack red spruce. Due to the plain marks on the bracing, it is believed that every top was tuned by the same Gibson employee. Worthy of mention is the Jumbo Deluxe, though it is believed that only 3 were ever made in They are essentially an Advanced Jumbo with minor compromises: they filled a gap between the J and the J They had dot markers on the fretboard and a moustache bridge with individual adjusters on each string.
The Jumbo 55 J was introduce in late and discontinued in Like the SJ of the same year, the J had a stair-step headstock that persisted for only 2 years. The pickguard was longer than earlier models and it had a moustache bridge though slightly smaller and less ornate than that used on the SJ The tuners were individual Kluson with amber buttons. The neck was a broad round profile single piece mahogany with a bound coffewood fretboard and dot markers. In the fretboard became Brazilian rosewood. The bracing was revised to accommodate the moustache bridge and generally heavier than earlier models. The first Gibson J45 guitars were only slightly different from the discontinued J The back braces were tall and thin and Gibson scalloped the top braces.
Sunburst was the only finish available for the J until much later as the sunburst finish can hide flaws in the wood; this was a significant advantage during WW2 when clear wood was being used for the war effort. In a natural finish J was finally offered and given the designation: J Also, the first batch of Js had more binding both on the body and soundhole. The Southerner Jumbos were the most expensive flat-top guitars Gibson offered at the time. The concept behind the J was a high quality, affordable, big-sounding acoustic flat-top guitar.
It worked. The Gibson Southerner Jumbo was introduced in and discontinued in It was reintroduced in limited editions in Mythology has it that the Southerner Jumbo was specifically targeted at the Southern market honoring rising Country music trends. When it came out in it was the most expensive Gibson flat-top in the line. During two new models were introduced to the Gibson line-up to replace the J and J They were the J and the Southerner Jumbo. The appointments of the Southerner Jumbo included more top binding and an additional set of rosette rings.
The 1st year of the J actually had similar appointments but they were reduced and simplified for model clarity in The back and sides were still mahogany but the Southerner Jumbo had a dark wooden stripe separating the 2 back pieces. The neck heal had a white plastic cap. The Gibson Super Jumbo first appeared in Western movies were tremendously popular and the singing cowboy heroes needed instruments as big and bold as untamed West. As a consequence, the details were grand in scale and the bindings high in contrast to look good in black and white on the silver screen. The soundboard was so large and the body so deep that the sound was immense.
The following versions evolved quickly to 14 frets clear of the body. The neck was basically the neck stocks from the L-5 archtop: 3 ply maple with single wide bound scalloped fretboard ends and headstocks and the early models had the L-5 flowerpot inlay on the headstock. It was initially called the De Luxe Jumbo for the few versions that were delivered before the model went into production. The one delivered first to Ray Whitley was not the model now seen as the beginning of the Super Jumbos, but a simpler 12 fret version.
The 2nd delivery to Ray Whitley was the more refined 14 fret SJ that is so well photo-dicumented. The final production versions had a double-braced red spruce top and rosewood back and sides with a sunburst finish. In the name changed to the J and the standard back and sides became highly figured maple. Gibson changed the name again in the s to the SJ In the early years, due to the depression and the following wartime austerity, demand for this expensive instrument was limited and production quantities were small. It was basically a slope shoulder dreadnaught like a J or Southerner Jumbo and designed for the country and western market.
The appointments roughly followed the Southerner Jumbo but the design was primarily electric: it had a 3-ply top with ladder bracing to reduce the low-end response for the single coil pickup placed at the base of the fretboard. To accommodate the pickup, the standard production neck was pushed up to a neck-body joint at the 15th fret. Gibson introduced their first adjustable belly bridge — 2 screws to raise and lower the bridge. Martin introduced their versions of acoustic-electrics: the DE in and DE in They were too late — Gibson owned the market and the Martins were dropped 6 years later having only sold about combined.
Notable endorsers of this model include Leon Redbone. The electric version included a P pickup at the end of the soundboard like the later versions of the JE. Mid s: the pickguard changed from the teardrop to the larger undulating shape like the pre-war Js. Between and , Gibson worked with Dr. The instruments had modified fan bracing and asymmetrical bridges. Ironically, the script logo on the headstock was old-style.
The somewhat radical headstock shape was discontinued at Gibson with the Mark Series but appears to have been an influence on the young Paul Reed Smith who later used a similar shape for his electric instruments. He was also a guitar enthusiast with a passion for physical and psycho-acoustics. In fact, he was part of a team of scientists paid as consultants by Gibson for their input on a project to create the finest sounding guitar based upon sound scientific logic, theory and research. Gibson hoped to score the same type of success that had occurred with Lloyd Loar in the s: redefining the acoustic guitar for generations to come. Following many prototypes, shapes and bracing patterns, the Mark Series was launched in The Mark Series guitars were particularly interesting among the Gibson flat tops made in the s due to their unique bracing.
Considering that Gibson was using a double X bracing for most of its other flat top guitars during that period, these instruments, with their modified fan bracing, stand out as some of the better sounding Gibsons of the time. The s are viewed by many collectors and players as the low point of Gibson manufacturing. These instruments live a bit outside that critique. Each model of the Mark Series was available in natural or sunburst finish. The selected tuners varied randomly by model and year. New guitars were supplied with user applied pick guards, and extra saddles of different heights that could be easily inserted to adjust the string action to accommodate the swelling of the instrument with seasonal humidity changes. The saddles were wider than usual.
Like everything else, we have seen exceptions to the listed dimensions; especially the nut widths. It is not clear how Gibson decided to set their nut widths and neck thicknesses. It appears that they experimented right up to the point of discontinuing the line. The choice to discontinue the Mark Series had to do with the general turmoil of the Gibson company in the last years of ownership by Norlin. The Mark Series, though not a wild success in terms of overall sales, did sell reasonably well.
Towards the end, the line actually continued to increase in sales. ECL changed its name shortly afterwards to: Norlin Inc. The early instruments built in Nashville suffered from inexperienced workers and climate-control problems in the humid South. The Kalamazoo plant kept going for a few years as a custom-instrument shop, including the Mark Series instruments, and was ultimately closed in Mismanagement was so severe during the final Norlin years that the Gibson Guitar Corp.
Juszkiewicz, David H. Berryman and Gary A. Zebrowski in January of Even the group of inexperienced entreprenuers could see and understand the value of the Gibson name. It marked the beginning of a new era for Gibson. Gibson believed that these choices would allow them to focus on their more profitable lines. The guitar designs, however, were not the problem. The last of the Mark Series was built in By the end in , Gibson was basically down to the Les Paul model alone.
The L-5S was the first high end jazz solid body guitar. It shared many features with the L-5 archtop electric acoustic: The neck was basically an L-5 neck in scale, section and detail. Features: Carved curly maple body, with ornate multilayer binding, laminated maple neck, ebony fingerboard with abalone block inlays, gold-plated hardware throughout, two gold plated pickups with separate volume and tone, three-way selector switch. Most were 3-piece solid maple bodies. There are some examples of two piece bodies used with the transparent or natural finishes. The electronics cover on the back was matching solid figured maple. Body designations and style designations of Martin guitars are letter-number combinations separated by a hyphen. After October the body and style designations and the serial number appears stamped on the neck blocks:.
Since the Larson brothers built guitars for many brand names, identification can be difficult, but there are a number of stylistic and structural building techniques that help narrow the exercise. Carl and August Larson built instruments between and They did not imprint the instruments with any particular brand. They did provide paper labels for the instrument that they represented but did not provide labels for custom instruments or other shops or manufacturers.
These dimensions were similar for all Larson made instruments. The soundhole size coincided with the overall size of the instrument. Tuners, hardware and tailpieces were probably purchased from Lyon and Healy who had a factory just down the street from the Larson shop. In general, the Larsons used fancier hardware on the more expensive instruments — so the date of the hardware should coincide with similar instruments of the period. The more economical Student Grade instruments were often ladder braced. The braces were generally thin and numerous compared with other manufacturers.
Intermediate Grade and Best Grade were generally X braced with laminated braces for added strength. The Larson bridge, if not otherwise specified by another company, is a rectangular flattened pyramid ebony style similar to those used by Lyon and Healy. We do not share any of your information to anyone. When it comes to essay writing, an in-depth research is a big deal. Our experienced writers are professional in many fields of knowledge so that they can assist you with virtually any academic task.
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