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Praxair Distribution, Inc. Patent 8,, covers methods of distributing nitric oxide gas cylinders for pharmaceutical applications. Inhaling nitric oxide dilates blood vessels in the lungs and improves blood oxygenation, and it is approved for treating neonates with hypoxic respiratory failure. The prior art taught that inhaled nitric oxide may lead to pulmonary edema, a serious adverse event, in neonates with left ventricular dysfunction. Roughly, the claims can be sorted into three groups: the informing claims, the informing-and-evaluating claims, and the informing-and-discontinuing-treatment claims. This commentary addresses each of these three groups of claims in turn. The Informing Claims: Easy Cases? In gross, the informing claims recite supplying nitric oxide to a medical provider and providing the medical provider with information relevant to the clinical use of the nitric oxide on neonatal patients. Under recent Federal Circuit precedent, the informing claims present an easy case of unpatentability. If a limitation is not given patentable weight, it cannot be relied upon to distinguish the claimed invention from the prior art in the novelty or nonobviousness analyses. Patent Eligibility Essay

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Question Description You are an entrepreneur and just started a new business in the restaurant or Patent Eligibility Essay industry. The business must be hypothetical made-up for this assignment. Please propose a plan for protecting your hypothetical intellectual property IP. Your plan should consist of the following information. Please keep in mind that you may find that some categories are more applicable than others. This is perfectly acceptable as long as you analyze each category.

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Trademark Protection: Start by demonstrating your understanding of what subject Eoigibility trademark protects. Survey the subject matter that would receive trademark protection in your hypothetical business. Patent Protection: Explain what types of inventions are patent eligible. In your business, explain whether you Patent Eligibility Essay have any items that would have click protection.

You may also comment on whether you need to apply for a patent. Feel free to use your imagination in thinking about potential inventions that may be applicable in a restaurant or to a business in the entertainment industry. Copyright Protection: Generally, list the types of works that may receive copyright protection.

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Survey the types of items in your business that may receive this protection, if any. Trade Secret Protection: Demonstrate your understanding of trade secret protection.

Patent Eligibility Essay

Would this type of protection be applicable to your business? Why or why not?

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If applicable, describe what steps your business might take to keep this protection. Distinguish between the types of protections: Give a brief overview of your understanding of how the above protections are different. Then discuss which type of protection is most applicable to your business. Describe what steps you might take to avoid this problem.]

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