As per this case the concept Wind turbine for electric car is designed by Peter W Ripley and obtained the Patent on it as filed the application on May 14, 2012 and Patent granted on August 20, 2013 as per the Patent number: 8513828. After he upgraded the design of the concept of Wind turbine for electric car based on the Patent number: 9428061 which was filed on June 5, 2013 and Granted on August 30, 2016. So, the Wheego is not free to use the Ripley’s portable wind power apparatus till September 27, 2033 as Adjusted expiration.
Because the Peter as patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. So, the Wheego cannot be commercially made, used, distributed, imported, or sold to others without getting the patent owner’s permission.
In this case Wind turbine for electric car is patentable by inventor Peter W Ripley. As per the Patent data base Peter W Ripley is the exclusive owner of the patent of the concept Wind turbine for electric car and still not assign to any other party.
So, the Wheego must seek permission from Peter Ripley who Solely own the legal rights to use the apparatus.
Wheego has two option to obtain the Legal rights is obtain from the Patent owner as patent assignment or licensing. Where Wheego can get all rights under Assignment agreement by receiving the original owner’s interest and gains the exclusive rights to pursue patent protection or under Licensees agreement where just receive the permission to use the patented technology be commercially made, used, distributed, imported, or sold to others, while the patent owner retains ownership.The government may grant Wheego a compulsory Public Interest license without the consent of its Patent Owner based on the 42 U.S.C. §7608 (2006) US clean Air Act specifically provides for Mandatory Licensing when a patented invention is not available for the implementation of and is necessary to enable some of the Act’s requirements after that have been unsuccessful efforts over reasonable period of time to obtain suitable voluntary license from the patent owner on reasonable grounds.
The first and foremost requirement is that an invention should fall within the ambit of patentable subject matter. The United States Patent Law states that any invention of new and useful process, machine, manufacture or composition of matter or any new and useful improvement thereof may constitute patentable subject matter. It outlines broad scope of subject matter that is patentable. The patent law protects man-made invention, whether products or processes in all field of technology. In this case, the sleepy driver or drowsy driver” detection and warning system in its cars can be consider the man-made invention as a process of the to detect driver biometric information using the sensor installed in the car dashboard.
Under the U.S patent law the invention shall be useful, and the innovation must actually work and be legal. The US patent law require that has to be something capable of being made it industry others may require proof some kind of practical use or application. As per the case the Wheego has been using the sensor in its car since January 15, 2017 which can easily prove the Utility and industrial applicability of patent and it purpose of invention to provide the driver safety while drowsy, or fall asleep while driving, are a significant cause of traffic accidents. To prevent this drowsy driving.
Novelty can be determined by looking at the knowledge Prior Art that existed before the filling date or priority date of a patent publication. The patent law of the United States, states that the invention shall be considered as novel if it is not known or used or not publicly disclosed in through in word speaking or printed publication or patented in US or in any foreign country before Priority date. In this case Wheego is using the sleepy driver or drowsy driver” detection and warning system in its cars since January 15, 2017 while based on the US new patent law applicable in 2013 allow the Hyundai motors, Kia Motors Corp., and Gwangju Institute of Science and Technology as current Assignee of the patent to novelty and benefits of prior arts as the application is based on and claims the benefit of priority to Korean Patent Application No. 10-2016-0080410, filed on Jun. 27, 2016 in the Korean Intellectual Property Office and patent granted in the United states on July 17,2018 as the patent number #US10022082B2. The concept of the patent and title Apparatus and method for detecting a state of a driver based on biometric signals of the driver present disclosure relates to an apparatus and a method for detecting a state of a driver based on biometric signals of the driver by detening the current signals using an ECG sensor, GSR sensor, EEG sensor and an EGG sensor. By using the different sensors can help to determine whether or not the driver is in the state of drowsy driving by sensing and analyzing various biometric signals of the driver to determine a drowsy or sleeping state of the driver.So, in this case the Wheego utility patent application is sufficiently identical by this prior art patented by the Inventor Nam Woong HurSeul Ki JeonHyun Sang KimEung Hwan KimSang Tae AhnHyo Jung JANGSung Chan JUN under the Patent Number #US10022082B2.
As per the US patent law Non-obviousness is defined as a sufficient difference from what has been used or described before the filling date that a person having ordinary skill in the area of technology related to the invention would not find it obvious to make the change. In this case manufacturing of Wheego sensor is not an ordinary skill in the art.But as per the new patent law introduce in 2013 which is under the U.S. first to file system explain, the new invention may differ in one or more ways from another patented invention and the prior art. But an invention is obvious if the differences between patented and the prior art are identical at the time a patent application is filed describing the invention. Wheego invention is identical to the patent number #US10022082B2 filed on June 27, 2016 based on the priority of Korean Patent Application. So, it can be concluded that Wheego’s sensor is obvious as per the 35 U.S. Code 103 – Conditions for patentability; non-obvious subject matter.
To obtain the patent Wheego can either fill application in induvial nation patent registration office in US, China and Japan (Under the Paris Convention) If patent protection is required in only a few countries, this approach can reduce the total amount of official fees. The other way is Wheego can get the benefits of the Patent Cooperation Treaty’s standardized streamline processor to obtain the patents in the member states of this Paten Cooperation Treaty. As I would recommend Wheego should follow the PCT process which provide the set of benefits as it gives them more time to file for patents for an invention in multiple countries. And the PCT patent application can be file and one set of fees can be paid at any receiving office.
A PCT application may be filed, from which national or regional applications can then be derived, after a search and an optional preliminary examination procedure. In the national/regional phases, a further search and examination is generally carried out by the respective national/regional patent offices. The main advantage of a PCT application is the fact that the applicant has not only 12 months a priority but, able to take an additional 18 months during which time its application goes through the initial examination by the receiving office. PCT process gives applicant more time up to but a total of 30 months from the priority filing date until they need to decide on countries or regions in which patent protection is desired. This can be particularly useful if, for a given innovation, the requirements for international patent protection cannot be foreseen within the 12 month priority period. Also, The patent cooperation treaty process gives the applicants the opportunity to amend their application during the International phase before submitting it for review by the national patent offices in the national phase. This ability to respond to the international search results by amending patent application increases the applicant the changes of success in getting a patent in various countries during the national phase.
Wheego’s hire in team of engineers to develop and Invetion for the Wheego car to acquire different strategy to acquire the competitive advantage in market. The Wheego engineer develop the Sleepy/drowsy driver sensor that would be patentable. Ordinarily, the engineers would each be co-owners of patent rights in that sensor because they invented it but because they create engine as part of their jobs for Wheego the engine will be treated as a work for hire’. Meaning that the engineering will have the legal duty to assign or transfer the patent rights to the engine to Wheego and Wheego will be the one who can claim ownership of patent rights in the engine.
As the sleepy/drowsy driver sensor can eligible for the utility patent law instead of design patent law based on the functionality of sensors. As per the U.S. utility patent Law Wheego will obtained the Patent right for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent. But more importantly the term that 20-year term begins from the filing date of the patent application not that the date the patent is actually granted. The PCT patent application can be file and one set of fees can be paid at any receiving office. As Wheego can filed and paid fees through US trademark and Patent Office as a member of the Treaty. Once it received the patent application will assign an international filing date that will be effective in all countries that are members of the treaty and the filing date becomes the basis for priority of the patent application and in determining whether the invention is novel in establishing what will or will not be considered prior art.the patent is a right granted by a government to an inventor, giving the inventor the exclusive right, for a limited period, to stop and prevent others from making, using or selling the invention without the permission of the inventor.
As this concept Wind turbine for electric car as designed and patent by Peter W Ripley Where application was filed by Peter W. Ripley on 05-14-2012 and was granted and published on the date of 08-30-2016. So, the Wheego is not free to use the Ripley’s portable wind power apparatus till 09-27-2033 as Adjusted expiration. Because the patent is a right granted by a government to an inventor, giving the inventor the exclusive right, for a limited period, to stop and prevent others from making, using or selling the invention without the permission of the inventor
To use Ripley’s portable wind power apparatus Wheego must has to get permission from the United States Patent and Trademark Office in most common grounds for abuse of patent claim that patent owner has failure to work the patented invention. As the certain time period is completed on 20-08-2016 as 4 year from the patent application and 3 years after the patent granted whichever is longer. This means, a sufficient amount of time must have elapsed to allow the rights holder to exploit the invention.
Cite this essay
Electric Car Design Patent. (2019, Aug 20). Retrieved from https://studymoose.com/electric-car-design-patent-essay