If you found a one-of-a-kind prototype of a revolutionary new mobile phone lying on a public bench, what would you do with it? What would be the consequences of your chosen action?
The paper describes the patent ownership, the countries law and regulations on the ownership of properties and inventions. Then will provide answers to the three questions required in the discussion assignment unit six.
Patent ownership is essential because the owner of the patent or investor own all the right, title and interests granted by the patent. Almost all countries of the world have the patent system based on the “First-to-File” doctrine, in which the patent is granted to the inventor who is the first to file a patent application, regardless of the invention date. In the United States, Canada, and Philippines, the patent system was based on “First-to-Invest” doctrine, in which the the inventor who first conceived of an invention then diligently reduced it to practice by filing a patent application, is considered the first inventor and is entitled to patent protection (General Patent, 2007). Later on Canada and United States also changed their patent system from First-to-Invest to First-to-File system, because the First-to-Invest system was costly with long interference procedures in order to determine which investor conceived of the invention first.
If I find a prototype o\f a revolutionary new mobile phone, first I will look to find the owner from the area I found it, if I couldn’t find the owner. The second option would be turning that to the police department, in addition using social media to find the person, for example putting a message on Facebook “prototype of a revolutionary new mobile phone is found and turned to the area police department”. I will try every possible action to find the owner and return the prototype to the inventor, I will never claim it my own work because it is completely unethical and illegal action.
Does the value of a parcel of land come only from the profits it can generate? If not, what makes land valuable? Does it ever have any value that is not recognized by the law?
Land is one of the most secure investment which has low costs with no depreciation coasts and the value potentially increases. There are many factors which increases the lands valuable such as location, the neighborhood, environmental, weather, and so forth. In addition, the value of the lands also depends on the people ‘s opinions and choices, for example, from perspective of some people who travel a lot the highest valued lands are the lands which are close to the airport, some people who like shopping value the lands which are close to shopping centers, some people from family ethics and emotional prospective value their ancestral lands the highest, and so forth.
Joseph Schwenker says: the highest valued and best use of land for an environmentalist is a nature preserve; for a developer a shopping center; for a neighbor, single family houses or end units; for a housing advocate, a low-income apartment (Schwenker, 2018).
What is the role of governments in regulating the use of any form of property? Why do laws work so well maintain standard uses, and what would be alternative ways to set boundaries on what businesses could do?
The government has the most important role in recognizing legal ownerships of the properties, registering officially, keeping the records, and legally using of the properties. Without the government, laws and regulations, the properties and businesses can not be regulated as John Locke says: “the government can scarcely be deemed to be free, where the rights of the property are left solely dependent upon the will of a legislative body without any restrain. The fundamental maxims of The of a free government seem to require that the rights of the personal liberty and private property should be held scared” (Allen, 2018).
References
General Patent. (2007). First-to-File vs. First-to-Invent: Who Really Benefits from Changing the U.S. Patent System?. Retrieved from: http://www.generalpatent.com/
Neustel Attorneys at Law. Patent Ownership Basics. Retrieved May, 2018 From: https://www.neustel.com/
Kevin. (2014, Apr 22). The debate between First to File and First to Invent. [Web log post]. Retrieved from: https://sites.udel.edu/
Schwenker, J. Land valuation in the raw master the ABCs of determining highest and best use and land value. Retrieved May 2018 from: https://www.ccim.com/cire-
Allen, J. w. Private rights to property: property rights and the role of the government. Retrieved May 2018 from: http://maysweb.tamu.edu/sage/
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