Sunday, December 29, 2019

Rules and Standards for Patent Drawings

There are two acceptable categories for presenting drawings in utility and design patent applications: Black Ink: Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings.Color: On rare occasions, color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility or design patent application or the subject matter of a statutory invention registration. The color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent. Color drawings are not permitted in international applications under patent treaty rule PCT 11.13, or in an application, or copy thereof, submitted under the electronic filing system (for utility applications only). The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. Any such petition must include the following: Patent petition fee 1.17 h - $130.00Three sets of color drawings, a black and white photocopy that accurately depicts the subject matter shown in the color drawingAn amendment to the specification to insert the following to be the first paragraph of the brief description of the drawings: The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Photographs Black and White: Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent. Color Photographs: Color photographs will be accepted in utility and design patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied. Identification of Drawings Identifying indicia, if provided, should include the title of the invention, inventors name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and centered within the top margin. Graphic Forms In Drawings Chemical or mathematical formulae, tables, and waveforms may be submitted as drawings and are subject to the same requirements as drawings. Each chemical or mathematical formula must be labeled as a separate figure, using brackets when necessary, to show that information is properly integrated. Each group of waveforms must be presented as a single figure, using a common vertical axis with time extending along the horizontal axis. Each individual waveform discussed in the specification must be identified with a separate letter designation adjacent to the vertical axis. Type of Paper Drawings submitted to the Office must be made on paper which is flexible, strong, white, smooth, non-shiny, and durable. All sheets must be reasonably free from cracks, creases, and folds. Only one side of the sheet may be used for the drawing. Each sheet must be reasonably free from erasures and must be free from alterations, overwritings, and interlineations. Photographs must be developed on paper meeting the sheet-size requirements and the margin requirements (see below and next page). Sheet Size All drawing sheets in an application must be the same size. One of the shorter sides of the sheet is regarded as its top. The size of the sheets on which drawings are made must be: 21.0 cm. by 29.7 cm. (DIN size A4), or21.6 cm. by 27.9 cm. (8 1/2 by 11 inches) Margin Requirements The sheets must not contain frames around the sight (i.e., the usable surface), but should have scan target points (i.e., cross-hairs) printed on two catercorner margin corners. Each sheet must include: a top margin of at least 2.5 cm. (1 inch)a left side margin of at least 2.5 cm. (1 inch)a right side margin of at least 1.5 cm. (5/8 inch)and a bottom margin of at least 1.0 cm. (3/8 inch)thereby leaving a sight no greater than 17.0 cm. by 26.2 cm. on 21.0 cm. by 29.7 cm. (DIN size A4) drawing sheetsand a sight no greater than 17.6 cm. by 24.4 cm. (6 15/16 by 9 5/8 inches) on 21.6 cm. by 27.9 cm. (8 1/2 by 11 inch) drawing sheets Views The drawing must contain as many views as necessary to show the invention. The views may be plan, elevation, section, or perspective views. Detail views of portions of elements, on a larger scale if necessary, may also be used. All views of the drawing must be grouped together and arranged on the sheet(s) without wasting space, preferably in an upright position, clearly separated from one another, and must not be included in the sheets containing the specifications, claims, or abstract. Views must not be connected by projection lines and must not contain center lines. Waveforms of electrical signals may be connected by dashed lines to show the relative timing of the waveforms. Exploded Views: Exploded views, with the separated parts embraced by a bracket, to show the relationship or order of assembly of various parts are permissible. When an exploded view is shown in a figure which is on the same sheet as another figure, the exploded view should be placed in brackets.Partial Views: When necessary, a view of a large machine or device in its entirety may be broken into partial views on a single sheet or extended over several sheets if there is no loss in facility of understanding the view. Partial views drawn on separate sheets must always be capable of being linked edge to edge so that no partial view contains parts of another partial view.A smaller scale view should be included showing the whole formed by the partial views and indicating the positions of the parts shown.When a portion of a view is enlarged for magnification purposes, the view and the enlarged view must each be labeled as separate views.Where views on two or more sheets form, in effect, a s ingle complete view, the views on the several sheets must be so arranged that the complete figure can be assembled without concealing any part of any of the views appearing on the various sheets.A very long view may be divided into several parts placed one above the other on a single sheet. However, the relationship between the different parts must be clear and unambiguous.Sectional Views: The plane upon which a sectional view (example 2) is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view and should have arrows to indicate the direction of sight. Hatching must be used to indicate section portions of an object and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. Hatching should not impede the clear reading of the reference ch aracters and lead lines. If it is not possible to place reference characters outside the hatched area, the hatching may be broken off wherever reference characters are inserted. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45 °.A cross-section must be set out and drawn to show all of the materials as they are shown in the view from which the cross section was taken. The parts in cross section must show proper material(s) by hatching with regularly spaced parallel oblique strokes, the space between strokes being chosen on the basis of the total area to be hatched. The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material(s) that is illustrated in cross-section.The hatching of juxtaposed different elements must be angled in a different way. In the case of large areas, hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched.Different types of hatching should have different conventional meanings as regards the nature of a material seen in cross-section.Alternate Position: A moved position may be shown by a broken line superimposed upon a suitable view if this can be done without crowding; otherwise, a separate view must be used for this purpose.Modified Forms: Modified forms of construction must be shown in separate views. Arrangement of Views One view must not be placed upon another or within the outline of another. All views on the same sheet should stand in the same direction and, if possible, stand so that they can be read with the sheet held in an upright position. If views wider than the width of the sheet are necessary for the clearest illustration of the invention, the sheet may be turned on its side so that the top of the sheet, with the appropriate top margin to be used as the heading space, is on the right-hand side. Words must appear in a horizontal, left-to-right fashion when the page is either upright or turned so that the top becomes the right side, except for graphs utilizing standard scientific convention to denote the axis of abscissas (of X) and the axis of ordinates (of Y). Front Page View The drawing must contain as many views as necessary to show the invention. One of the views should be suitable for inclusion on the front page of the patent application publication and patent as the illustration of the invention. Views must not be connected by projection lines and must not contain center lines. The applicant may suggest a single view (by figure number) for inclusion on the front page of the patent application publication and patent. Scale The scale to which a drawing is made must be large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction. Indications such as actual size or scale 1/2 on the drawings are not permitted since these lose their meaning with reproduction in a different format. Character of Lines, Numbers, and Letters All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines, however, fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. Shading The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross-sections. See paragraph (h)(3) of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45 °. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. Symbols Graphical drawing symbols may be used for conventional elements when appropriate. The elements for which such symbols and labeled representations are used must be adequately identified in the specification. Known devices should be illustrated by symbols which have a universally recognized conventional meaning and are generally accepted in the art. Other symbols which are not universally recognized may be used, subject to approval by the Office, if they are not likely to be confused with existing conventional symbols, and if they are readily identifiable. Legends Suitable descriptive legends may be used subject to approval by the Office or may be required by the examiner where necessary for an understanding of the drawing. They should contain as few words as possible. Numbers, Letters, Reference Characters Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. They must be oriented in the same direction as the view so as to avoid having to rotate the sheet. Reference characters should be arranged to follow the profile of the object depicted.The  English alphabet  must be used for letters, except where another alphabet is customarily used, such as the  Greek alphabet  to indicate angles, wavelengths, and mathematical formulas.Numbers, letters, and reference characters must measure at least.32 cm. (1/8 inch) in height. They should not be placed in the drawing so as to interfere with its comprehension. Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlin ed and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts.Reference characters not mentioned in the description shall not appear in the drawings. Reference characters mentioned in the description must appear in the drawings. Lead Lines Lead lines are those lines between the reference characters and the details referred to. Such lines may be straight or curved and should be as short as possible. They must originate in the immediate proximity of the reference character and extend to the feature indicated. Lead lines must not cross each other. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Arrows Arrows may be used at the ends of lines, provided that their meaning is clear, as follows: On a lead line, a freestanding arrow to indicate the entire section towards which it points;On a lead line, an arrow touching a line to indicate the surface shown by the line looking along the direction of the arrow; orTo show the direction of movement. Copyright or Mask Work Notice A copyright or mask work notice may appear in the drawing but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of 32 cm. to 64 cm. (1/8 to 1/4 inches) high. The content of the notice must be limited to only those elements provided for by law. For example,  ©1983 John Doe (17 U.S.C. 401) and *M* John Doe (17 U.S.C. 909) would be properly limited and, under current statutes, legally sufficient notices of copyright and mask work, respectively. Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in rule  Ã‚ § 1.71(e)  is included at the beginning (preferably as the first paragraph) of the specification. Numbering of Sheets of Drawings The sheets of drawings should be numbered in consecutive Arabic numerals, starting with 1, within the sight as defined by the  margins. These numbers, if present, must be placed in the middle of the top of the sheet, but not in the margin. The numbers can be placed on the right-hand side if the drawing extends too close to the middle of the top edge of the usable surface. The drawing sheet numbering must be clear and larger than the numbers used as  reference characters  to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on either side of an oblique line, with the first being the sheet number and the second being the total number of sheets of drawings, with no other marking. Numbering of Views The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a  capital letter. View numbers must be preceded by the abbreviation FIG. Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation FIG. must not appear.Numbers and letters identifying the views must be simple and clear and must not be used in association with brackets, circles, or  inverted commas. The view numbers must be larger than the numbers used for reference characters. Security Markings Authorized security markings may be placed on the drawings provided they are outside the sight, preferably centered in the top margin. Corrections Any corrections on drawings submitted to the Office must be durable and permanent. Holes No holes should be made by the applicant in the drawing sheets. Types of Drawings See rules for  § 1.152 for design drawings,  § 1.165 for plant drawings, and  § 1.174 for reissue drawings

Saturday, December 21, 2019

Human Trafficking Is A Serious Crime - 1497 Words

Blog Post Number One: Introductory Post Posted March 15th, 2017. Thousands of men, women and children fall into the hands of human traffickers, in both their countries and in other countries each year. Whether it be a country of origin, transit, or a destination, nearly every country in the world is being affected by human trafficking. Human trafficking is a serious crime and a violation of all human rights here in Australia. It involves the recruitment, movement and exploitation of a person which consists of the physical movement of people across and within borders through deceptive means, force and coercion. An individual submitting to human trafficking, whether it be women, men or children, it strikes them at what is most precious to†¦show more content†¦Giving us a better understanding of human trafficking and an upper hand to getting on top of it and making sure it doesn’t continue into later generations. Blog Post Number Two: â€Å"Traffic Free† Easter Eggs? Posted April 17th, 2017 As Easter has now come and gone for another year, and as always I can guarantee you that Easter eggs were at the top of everyone’s grocery list at one point in time or another. As we seem to fall into the same patterns at around same time every year I thought it would be good to know where the ‘Easter’ chocolate we are buying every year comes from. I’m assuming like others, we do not actually know much about the import of our Easter chocolates and the connection they have with human trafficking victims in both in other countries and our own. What you may not know is that according to World Vision 70% if the worlds cocoa, which is then made into chocolate, is harvested in West Africa, a hot spot for both trafficking and child labour, these chocolates are then distributed into Australia and other countries and sold more than triple the price in which that child would have been paid to make such chocolate. There are countless organisations who encourage buyers to look out for the Fairtrade, UTZ or Rainforest Alliance Certification on chocolate packaging to guarantee that no slavery was used in its manufacturingShow MoreRelatedHuman Trafficking Is A Serious Crime And An Unrefined Violation Of Human Rights1578 Words   |  7 PagesTrafficking in human beings is a serious crime and an unrefined violation of human rights. It is often linked to organized crime and is one of the most profitable criminal activities worldwide (Access to European Union Law, 2014). There are many different forms of human trafficking, and they progress with changing socioeconomic circumstances. It targets women and men, girls and boys in vulnerable positions (Trafficking in Human Beings, 2013). 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Friday, December 13, 2019

Understand the Tort of Negligence Samples †MyAssignmenthelp.com

Question: Discuss about the Law Understand the Tort of Negligence. Answer: Law In the present case, the main issue is whether Skye can seek damages from Charlene under tort of negligence, and for resolving this issue it is necessary to understand the tort of negligence. Negligence- negligence is considered as a situation, in which one person owns duty of care towards another person and fails to do something or not do something which any reasonable person would do or not do in similar situation and such conduct of person cause loss or injury to any other person. If person sues another person under tort of negligence, then such person seeks financial compensation from another person in lieu of damages or loss suffered by him. In general, injured person wants to be in the position that he would have been if negligence not occurred, and there are number of situations in which negligence may be alleged such as car accidents in which property of the person is damaged or he suffered injury. It is difficult to determine negligence on the part of defendant, and for this purpose Court consider four questions. It must be noted that it is necessary that all four questions are satisfied for establishing the liability under negligence, and if even one question is not satisfied then Court will not held defendant liable under tort of negligence[1]: Whether defendant owns any duty of care towards the plaintiff? Whether such duty of care is breached by the defendant? Whether any injury of damage suffered by plaintiff? Whether such injury or damage caused because breach of duty of care by defendant? Duty of care- it is considered as a legal obligation under which person is liable to avoid causing harm in those situations in which harm is foreseeable if care is not taken. For the existence of duty of care, it is necessary that close relationship must exist between the parties. This can be understood through example such as relationship exists between the doctors and patients and between the road users and drivers. Breach of duty of care- for the purpose of determining breach of duty, Court will consider the standard of duty of care that is expected in those situations. Standard of care is determined by Court by considering the actions of reasonable person in similar circumstances. If in those situations actions of defendant does not meet the standard of care or his actions fall below the standard of care then it will considered that defendant breach duty of care. The most common examples for these situations are happen in everyday activities such as driving, as all the users of road are expected to behave in reasonable manner, and there are number of examples which state the situations in which drivers fail to meet standard of care[2]: When drivers driving after consuming alcohol, and when driver break down the rules related to traffic. It must be noted that there are number of cases in which it is easy to determine the cause of action from which person suffered injury, but in some cases situations are complex because more than one cause of action is included in these cases. Contributory negligence- contributory negligence occurred in those situations when injured person itself contributed in the negligence which cause loss or injury, and in case plaintiff has failed to take steps for their own safety then it will be considered as case of contributory negligence. In this situation, damages claimed by plaintiff have been reduced up to that extent that plaintiff contributed to the loss[3]. Some examples of contributory negligence are stated below: Slip or fall occurring because injured person fails to take reasonable steps for ensuring their safety in those situations in which any reasonable person would take those steps. Person engaged in any such activity which involves high risk, such as driving car on pier. In case passenger or driver fails to wear seat belts, and driver turning right without giving any indication to the subsequent car. Usually, slipping and falling of people is very common occurrence on both residential and commercial properties. In case slip or fall occurred then situation is very different if injured person makes claim against the owner of the property for the purpose of claiming damages under tort of negligence or for breaching the various safety statutes. Causes of these falls or slips are very coon such as poor floor services, environment conditions, contamination, footwear, and in some cases negligence of injured person. For reducing the slips and trips, various measures and systems are implemented by the owners of property and their managing agents such as put warning signs and system of regular inspection, and it might be possible that incident occurred because of the action of plaintiff and his actions contributed in the accident[4]. In case Court founds, that owner or occupier of the premises is negligent for the accident then in such cases damages can be claimed from defendant, but if Court also founds that plaintiff contributed in the negligence then damages may be reduced up to the contribution of plaintiff. However, plaintiff is liable under the common as well as civil law, if it was found by the Court that accident causes because of the failure of plaintiff to take reasonable care for his or her own safety[5]. There are number of cases which can used to understand the concept of contributory negligence. In case law Jackson v McDonalds Australia Ltd [2014] NSWCA 162[6], Court stated that plaintiff contributed up to 70% in the negligence by walking on the wet floor on which warning sign is posted, and he did not hold any handrails because of which he slipped and suffer injury. In this case, court further stated that McDonalds bear 30% liability because of his failure to clean the wet floor on immediate basis. In case Fitzsimmons v Coles Supermarkets [2013] NSWCA 273[7], court stated that plaintiff bears 50% liability for contributed negligence for failing to check the wet floor on which sign is positioned around the puddle of water and because of this plaintiff slipped. Court further stated that Coles bear 50% liability because sign placed by them were low lying, and outside the normal field of vision of customers, and that sign is failed to inform the customers about the wet floor. In case law Hamilton v Duncan [2010] NSWDC 90[8], Court stated that plaintiff is 30% negligent for not take reasonable care related to hole of which he is aware and in which he tripped and even warned another person about the presence of hole just minutes ago the accident. Court further stated that 70% liability is occurs by occupiers because they have been fails to inspect the area and fill the hole on time. In case law Mist Pty Limited v Palmer [2012] NSWCA 239[9], Court stated that plaintiff is not contributed negligent for her injuries because as per expert it is not possible to see the liquid present at stairs on the glass steps, and plaintiff notice the liquid at that time when her foot about to touch the step. In this case, yoga classes were conducted by Charlene at the Melany School of Arts building, and floor of this building is properly of hardwood. In this hall Charlene attend very limited number of students because hall is very small, and she has found from her last experience that it is difficult to manage large number of students such as 35 students in that hall. After yoga sessions Charlene provide hot tea and towels to their students, and the stalls of tea and towel is established in the same hall that is adjacent to the exercise floor. Charlene provides socks to students because she recognized that floor is too slippery and gives strict instructions to students to wear the socks. Because of some reasons Charlene arrange class of 45 students and in this one of the student of Charlene named as Skye joined the class little late and shocked to see so much students, she consumed three glass of wine and found place near the table where tea and towels are kept. Charlene also provide socks to Skye but she decided not to wear the socks because of which she slipped on the floor and toppling the urn and steamer onto her body. The hot tea, towels and appliances severely scolded her skin. In this case, both Charlene and Skye contributed in the negligence because both fail to takecare reasonable steps when risk is foreseeable such as Charlene fails to manage small number of students in class as he know that large number of students is not managed in the class and Skye does not wear the socks even after the strict instructions of Charlene. Therefore, in this case Skye can sue Charlene for damages but damages reduced up to the extent of Skye own negligence. References: Law vision. Law of Torts. Available at: https://www.lawvision.com.au/uploads/PDFs/Tort%20Law%20.pdf. Accessed on 22nd May 2017. Legal service commission. Negligence. Available at: https://www.lawhandbook.sa.gov.au/ch01s05.php. Accessed on 22nd May 2017. ALRC. Authorising what would otherwise be a Tort. Available at: https://www.alrc.gov.au/publications/right-sue-tort. Accessed on 22nd May 2017. Federal Register of Legislation. Law of Negligence and Limitation of Liability Act 2008 (NI). Available at: https://www.legislation.gov.au/Details/C2016Q00058. Accessed on 22nd May 2017. Jackson v McDonalds Australia Ltd [2014] NSWCA 162. Fitzsimmons v Coles Supermarkets [2013] NSWCA 273. Hamilton v Duncan [2010] NSWDC 90. Mist Pty Limited v Palmer [2012] NSWCA 239.