Is there reliable intellectual property protection in overtly international markets? Say I have a device I wish to sell to airlines. This device provides incredible value for commercial flights, and I'd like to start a business selling it. I have a problem. Where do I patent my device, when given the information in the patent, anyone can recreate and manufacture the same device in a country that doesn't conform to the same intellectual property standards, and then compete with me by selling my device to those same airlines? Commercial aviation is perhaps the most international industry in existence, with the possible exception of shipping, so how could I ever make a device for the commercial aviation industry without fear of being outcompeted by copies outside the jurisdiction of my patent protection?
First, even if your competitor is operating outside the jurisdiction of your patents, you also have protection from the use and import of the infringing products, not just the manufacture and sale. For example, if you have a US patent, your patent would allow you to sue airlines using your product in the US (e.g., flying into, out of, and/or within the US), even if they bought the product from a foreign competitor. Suing potential customers isn't as attractive as suing your competitors, but at least you would have that option. Further, it is possible to apply for a patent in multiple countries (e.g., through the PCT process), although it can get expensive to try to obtain protection in a large number of countries. You can try to target the main jurisdictions in which your product would be made, sold, or used. For example, you could apply in the US, China, and various European countries (through the EPO).
There is a history of "giving away patents", which allows the original grantor to foster innovation instead of stifle it. Here are some examples: Sealand Industries - ISO Shipping Container Patented the standard shipping container, then gave away the patent royalty free, allowing a revolution in ocean going shipping. Annually it is estimated that $440 billion are shipped through these containers. Tesla - 200+ patents Elon Musk announced that the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.". Toyota - Hydrogen Fuel Cell Patents Released 5,680 patents related to hydrogen fuel cells Toyota also released a lot of patents related to development of the Prius The grant of a patent provides the ability for the grantor to pursue infringement lawsuits against companies or individuals, but it does not obligate them to do so. You can give away your patent, open it up to broad licensing, or just openly state that you will not enforce any action related to the lawsuit similar to how Tesla did it.
To make a safe, legally-compliant and industry-compliant biomedical device, one must build that device to a certain set of standards. How do I find out what those standards even are? For one, start reading: http://www.fda.gov/MedicalDevices/ResourcesforYou/Industry/default.htm The FDA is one of the primary regulatory bodies that you will work with in terms of the development and potential marketing of a device. There are many documents and contact links, such as for information on standards, inspections, third-party reviews, existing device databases, workshops, etc. Especially relevant from the Division of Industry and Consumer Education (DICE): The Division of Industry and Consumer Education (DICE) answers questions (by phone and email) from the medical device industry .... In addition, DICE develops educational resources for the FDA website to help the medical device industry understand FDA regulations and policies. Your conclusions and decisions may lead you to other government bodies, such as the Small Business Administration, the US Patent Office, and similar offices in other countries if you go that route. And, because you are potentially entering into a field and endeavor that has huge liability for yourself and your business and possible investors, it's not a good idea to trust the judgement of the general public on a site like LSE; there are many private medical and legal consultants available by Google that could act as as consultants and leads for such a project.
Yes. The AusPat database is an excellent source for looking for Australian patents. I did a quick search for "card game" and came across 276 results fitting those keywords. Not all involve the classic generic-52-card-deck format, but some do. A good example - and one that seems similar to your idea - is "Modified blackjack game using non-standard blackjack card values", by Davinder Signh Sandhu. There's no direct link to it from AusPat.1 So yes, you can patent a card game in Australia. At the moment, I don't have enough information to answer your other two questions. 1 I found a similar American patent with more information, though I have no proof that the two are in similar formats.
For purposes of determining inventorship, the location the invention was made in is irrelevant. Before the AIA, the location of a publication or other public knowledge was relevant (in the U.S. vs outside the U.S.) The AIA did away with that distinction. Pre AIA 35 USC 102 had two reference to "in this country". Post AIA there is no distinction made as to where the prior art was known or used or on-sale. I think this makes the provisions you are looking at moot, at least in terms of patentability. Before AIA, adding in the space provision would make a use in space a use in the U.S. and therefore potentially prior art. Now it is potentially prior art without any issue of having happened in the U.S. PRE AIA 102 A person shall be entitled to a patent unless — (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or POST AIA 102 [a] person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
On what grounds would you sue? Contract Well, I think that you would struggle to find the necessary elements (see What is a contract and what is required for them to be valid?) In particular, you would struggle to prove that there was intention to create legal relations on their part and possibly on yours. Are you able to identify in your "back &amp; forth" a clear, unequivocal offer and acceptance? Without knowing the details of the "back &amp; forth": I was hoping that someone at $organization might be willing to write an article explaining what you do, the history of the organization and how it works appears on the face of it to be a request for a gift; not an offer to treat. Promissory Estoppel If you don't have a contract then it is possible (IMO unlikely) that they induced you by your actions to commit resources (your time in writing) in anticipation of a reward (them publishing what you wrote). To be estopped they would have to have known that you were writing the article in the expectation that it would have your organisation's name in it, that they did not intend for that to happen and that they allowed you to invest those resources notwithstanding. If you can prove all of that then you can require them to do what they promised. The big difficulty I see in this is did you tell them that a) you were writing the article, b) it would have your name in it and c) you expected it to be published in that form. Copyright If they publish the work or a derivative work without your permission you can sue for breach of copyright. As it stands, they probably have an implied licence to publish and you would need to explicitly revoke that. Options There are two reasons to go to court: Money Principle If you are going to court for money then this is at best a risky investment and at worst a gamble: balance your risk and reward carefully. If you are going to court for a principle then I simultaneously admire your principles and think you're an idiot. Make a deal Explain that the reason that you wrote the article was a) to support their fine publication and the fantastic work it does (even if you don't) and b) to garner good publicity for your organisation. You understand and admire their strong editorial stance (especially if you don't) but the article involved a considerable amount of work and could they see their way clear to give you a significant discount (~80%) on a full page ad facing the article.
If you are producing and selling it, that is an absolute bar to patentability by anyone else (this is known as prior art). So if you are using it very publicly before they file, they can't get the patent.
As a preface, every company must have a team of lawyers who interpret the rules and who know the practice of the Treasury Department, so that the company doesn't violate the rules and end up in big trouble. A company has to decide whether some action is worth the risk (meaning, knowing what is it worth to them, and what are the risks). There is a long FAQ from Treasury which tries to interpret the rules. A simple answer to the question is that a company might decide that the risk is too great, even if many or most specialists in the legal issues don't agree that there is an assumed risk. 31 CFR 560.204 states: Except as otherwise authorized pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to May 7, 1995, the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, technology, or services to Iran or the Government of Iran is prohibited, including the exportation, reexportation, sale, or supply of any goods, technology, or services to a person in a third country undertaken with knowledge or reason to know that: (a) Such goods, technology, or services are intended specifically for supply, transshipment, or reexportation, directly or indirectly, to Iran or the Government of Iran; or (b) Such goods, technology, or services are intended specifically for use in the production of, for commingling with, or for incorporation into goods, technology, or services to be directly or indirectly supplied, transshipped, or reexported exclusively or predominantly to Iran or the Government of Iran. Reducing the verbiage, exportation of technology to Iran is prohibited. It is thus not a stretch to think that exporting technology to Iran is prohibited for a US person or company. It is possible to obtain a license to export to or from Iran, see 31 CFR 560.501 ff.. It is completely not clear what it takes to get a license: I suggests that differences between US companies may relate to whether a particular company has a license to export. There are also prohibitions targeted at specific individuals and organizations. Transactions over the internet can be risky, because a website cannot compel a user to truthfully identify themselves, and "E.O. 13599 requires U.S. persons to block all property and interests in property of the Government of Iran, unless otherwise exempt or authorized by OFAC", and absolute blocking is an extreme form of due diligence. The political questions as to the wisdom of the sanctions are appropriate for Politics SE.