Questões de Inglês
Assunto Geral
Banca CESPE
FUNASA - Atividades Técnicas de Complexidade Intelectual -
Ano de 2013
Public health is what we, as a society, do collectively
to assure the conditions for people to be healthy. This requires
that continuing and emerging threats to the health of the public
be successfully countered. These threats include immediate
crises, such as the AIDS epidemic; enduring problems, such as
injuries and chronic illnesses; and growing challenges, such as
the aging of the populations and the toxic by-products of a
modern economy, transmitted through air, water, soil, or food.
These and many other problems raise in common the need to
protect the nations health through effective, organized, and
sustained efforts led by the public sector.
Internet:
Based on the text above, judge the following items.
In the text, enduring problems (L.5) are the sorts of problems that take a very long time to be solved.
A resposta correta é:
Assunto Geral
Banca CESPE
FUNASA - Atividades Técnicas de Complexidade Intelectual -
Ano de 2013
Public health is what we, as a society, do collectively
to assure the conditions for people to be healthy. This requires
that continuing and emerging threats to the health of the public
be successfully countered. These threats include immediate
crises, such as the AIDS epidemic; enduring problems, such as
injuries and chronic illnesses; and growing challenges, such as
the aging of the populations and the toxic by-products of a
modern economy, transmitted through air, water, soil, or food.
These and many other problems raise in common the need to
protect the nations health through effective, organized, and
sustained efforts led by the public sector.
Internet:
Based on the text above, judge the following items.
It can be inferred from the text that one of the possible measures public health officials could take is the launching of a national obesity awareness campaign.
A resposta correta é:
Assunto Geral
Banca CESPE
MME - Analista de Licitação
Ano de 2013
Tequila sunset
On September 16th 1 , 2012, at the height of the summer
melt, the Arctic Oceans ice sheet had shrunk to an area of
3.41m square kilometres, half what it was in 1979. And its
volume had shrunk faster still, to a quarter of what it was in
1979, as the sheet is getting thinner as well as smaller. One
culprit is global warming, which is fiercer at the poles than
elsewhere. The worlds average temperature in 2012 was nearly
0.5 °C above the average for 1951-80. In the Arctic, it was up
almost 2 °C.
This sudden warming is like the peeling back of a lid
to reveal a new ocean underneath. That prospect is spreading
alarm (among greens) and excitement ( at the natural resources
and other economic opportunities that could be unveiled ).
Though most of the excitement has been about oil and gas, and
the opening of sea routes between the Atlantic and the Pacific,
some people hope for a fishing bonanza, too, for warmth and
light bring ecological renewal to what is now an icy desert. But
they may be disappointed.
At the moment, the waters around the Arctic account
for a fifth of the worlds catch. There are few fish, however,
under the ice itself. A fishing bonanza would require big
ecological change. A conference organised at the University of
Tromso, in January, looked at how warming will change the
ecology. The consensus was that it wont not because the
Arctic will change too little, but because it will change too
much.
Internet:
Based on the article, it can be affirmed that
a) global warming started to disrupt the fishing industry in the area around the Arctic.
b) the results of the increase of temperature are actually beneficial to the Arctic ecosystem.
c) the area and the volume of the Arctic Ocean"s ice sheet have decreased in the same proportion from 1979 to 2012.
d) the findings do not mean people have no reason to be excited about the reduction of the Arctic ice sheet.
e) there is no need to be alarmed by the effects of global warming in the Arctic region.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Tecnologista em Propriedade Industrial
Ano de 2013
Intellectual Property
Industrial property legislation is part of the wider body of law known as intellectual property. Intellectual property relates to
items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at
different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them.
Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.
The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial
Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered
by the World Intellectual Property Organization (WIPO).
Countries generally have laws to protect intellectual property for two main reasons. One is to give statutory expression to the
moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to
promote creativity and the dissemination and application of its results, and to encourage fair trade, which would contribute to
economic and social development.
Intellectual property is usually divided into two branches, namely industrial property and copyright.
Copyright relates to artistic creations, such as poems, novels, music, paintings, and cinematographic works. The expression
copyright refers to the main act which, in respect of literary and artistic creations, may be made only by the author or with his
authorization.
The broad application of the term gindustrialh is clearly set out in the Paris Convention for the Protection of Industrial Property
(Article 1 (3)): gIndustrial property shall be understood in the broadest sense and shall apply not only to industry and commerce
proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.h
Industrial property takes a range of forms. These include patents to protect inventions; and industrial designs, which are
aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks,
layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against
unfair competition. In some of these, the aspect of intellectual creation, although existent, is less clearly defined. What counts here is
that the object of industrial property typically consists of signs transmitting information, in particular to consumers, as regards
products and services offered on the market. Protection is directed against unauthorized use of such signs likely to mislead consumers,
and against misleading practices in general.
Understanding Industrial Property. World Intellectual Property Organization WIPO,
p. 3-5. In: Internet:
According to the text above, judge the following items.
Intellectual property laws concern themselves with the property of the copies of artistic or industrial products.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Tecnologista em Propriedade Industrial
Ano de 2013
Intellectual Property
Industrial property legislation is part of the wider body of law known as intellectual property. Intellectual property relates to
items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at
different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them.
Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.
The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial
Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered
by the World Intellectual Property Organization (WIPO).
Countries generally have laws to protect intellectual property for two main reasons. One is to give statutory expression to the
moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to
promote creativity and the dissemination and application of its results, and to encourage fair trade, which would contribute to
economic and social development.
Intellectual property is usually divided into two branches, namely industrial property and copyright.
Copyright relates to artistic creations, such as poems, novels, music, paintings, and cinematographic works. The expression
copyright refers to the main act which, in respect of literary and artistic creations, may be made only by the author or with his
authorization.
The broad application of the term gindustrialh is clearly set out in the Paris Convention for the Protection of Industrial Property
(Article 1 (3)): gIndustrial property shall be understood in the broadest sense and shall apply not only to industry and commerce
proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.h
Industrial property takes a range of forms. These include patents to protect inventions; and industrial designs, which are
aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks,
layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against
unfair competition. In some of these, the aspect of intellectual creation, although existent, is less clearly defined. What counts here is
that the object of industrial property typically consists of signs transmitting information, in particular to consumers, as regards
products and services offered on the market. Protection is directed against unauthorized use of such signs likely to mislead consumers,
and against misleading practices in general.
Understanding Industrial Property. World Intellectual Property Organization WIPO,
p. 3-5. In: Internet:
According to the text above, judge the following items.
Protection granted by industrial property rights is exclusive to those products in which the aspects of intellectual creation are explicit.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Tecnologista em Propriedade Industrial
Ano de 2013
Intellectual Property
Industrial property legislation is part of the wider body of law known as intellectual property. Intellectual property relates to
items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at
different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them.
Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.
The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial
Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered
by the World Intellectual Property Organization (WIPO).
Countries generally have laws to protect intellectual property for two main reasons. One is to give statutory expression to the
moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to
promote creativity and the dissemination and application of its results, and to encourage fair trade, which would contribute to
economic and social development.
Intellectual property is usually divided into two branches, namely industrial property and copyright.
Copyright relates to artistic creations, such as poems, novels, music, paintings, and cinematographic works. The expression
copyright refers to the main act which, in respect of literary and artistic creations, may be made only by the author or with his
authorization.
The broad application of the term gindustrialh is clearly set out in the Paris Convention for the Protection of Industrial Property
(Article 1 (3)): gIndustrial property shall be understood in the broadest sense and shall apply not only to industry and commerce
proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain,
tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.h
Industrial property takes a range of forms. These include patents to protect inventions; and industrial designs, which are
aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks,
layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against
unfair competition. In some of these, the aspect of intellectual creation, although existent, is less clearly defined. What counts here is
that the object of industrial property typically consists of signs transmitting information, in particular to consumers, as regards
products and services offered on the market. Protection is directed against unauthorized use of such signs likely to mislead consumers,
and against misleading practices in general.
Understanding Industrial Property. World Intellectual Property Organization WIPO,
p. 3-5. In: Internet:
According to the text above, judge the following items.
"Intellectual property" is an umbrella term which defines a group of laws, including those concerning industrial property.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Tecnologista em Propriedade Industrial
Ano de 2013
An Economic History of Patent Institutions
Scholars such as Max Weber and Douglass North have suggested that intellectual property systems had an important
impact on the course of economic development. However, questions from other eras are still current today, ranging from
whether patents and copyrights constitute ideal policies toward intellectual inventions and their philosophical rationale to the
growing concerns of international political economy. Throughout their history, patent and copyright regimes have confronted
and accommodated technological innovations that were no less significant and contentious for their time than those of the
twenty-first century.
The British Patent System
Britain is noted for the establishment of a patent system which has been in continuous operation for a longer period than
any other in the world. English monarchs frequently used patents to reward favorites with privileges, such as monopolies over
trade that increased the retail prices of commodities. It was not until the seventeenth century that patents were associated
entirely with awards to inventors, when Section 6 of the Statute of Monopolies repealed the practice of royal monopoly grants
to all except patentees of inventions.
The British patent system established significant barriers in the form of prohibitively high costs that limited access to
property rights in invention to a privileged few. Patent fees provided an important source of revenues for the Crown and its
employees, and created a class of administrators who had strong incentives to block proposed reforms.
In addition to the monetary costs, complicated administrative procedures that inventors had to follow made transactions
costs also high. Thus nation-wide lobbies of manufacturers and patentees expressed dissatisfaction with the operation of the
British patent system. However, it was not until after the Crystal Palace Exhibition in 1851 that their concerns were finally
addressed, in an effort to meet the burgeoning competition from the United States. In 1852 the efforts of numerous societies
and of individual engineers, inventors and manufacturers that had been made over many decades were finally rewarded.
Parliament approved the Patent Law Amendment Act, which authorized the first major adjustment of the system in two
centuries.
However, the adjustments made at that time were not completely satisfactory. One source of dissatisfaction that endured
until the end of the nineteenth century was the state of the common law regarding patents. British patents were granted "by the
grace of the Crown" and therefore were subject to any restrictions that the government cared to impose. According to the
statutes, as a matter of national expediency, patents were to be granted if "they be not contrary to the law, nor mischievous to
the State, by raising prices of commodities at home, or to the hurt of trade, or generally inconvenient." The Crown possessed
the ability to revoke any patents that were deemed inconvenient or contrary to public policy. [...]
The Patent System in the United States
The United States stands out as having established one of the most successful patent systems in the world. American
industrial supremacy has frequently been credited to its favorable treatment of inventors and the inducements held out for
inventive activity. The first Article of the U.S. Constitution included a clause to "promote the Progress of Science and the
useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." Congress complied by passing a patent statute in April 1790. In 1836 the United States created the first modern
patent institution in the world, a system whose features differed in significant respects from those of other major countries.
The primary feature of the "American system" is that all applications are subject to an examination for conformity with
the laws and for novelty. An examination system was set in place in 1790, when a select committee consisting of the Secretary
of State (Thomas Jefferson), the Attorney General and the Secretary of War scrutinized the applications. These duties proved to
be too time-consuming for highly ranked officials who had other onerous duties, so three years later it was replaced by a
registration system. The validity of patents was left up to the district courts, which had the power to set in motion a process that
could end in the repeal of the patent.
Another important feature of the American patent system is that it was based on the presumption that social welfare
coincided with the individual welfare of inventors. Accordingly, legislators rejected restrictions on the rights of American
inventors.
Nevertheless, economists such as Joseph Schumpeter have linked market concentration and innovation, and patent rights
are often felt to encourage the establishment of monopoly enterprises. Thus, an important aspect of the enforcement of patents
and intellectual property in general depends on competition or antitrust policies. The attitudes of the judiciary towards patent
conflicts are primarily shaped by their interpretation of the monopoly aspect of the patent grant. The American judiciary in the
early nineteenth century did not recognize patents as monopolies, arguing that patentees added to social welfare through
innovations which had never existed before, whereas monopolists secured to themselves rights that already belong to the
public.[...]
B. Zorina Khan. In: Internet:
According to the information provided by text, judge the items below.
Although they play an important role in the economic development of countries, patents and copyrights are still questioned as effective instruments for dealing with intellectual inventions.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Analista de Plan. Gest. e Infraest. em Prop. Ind.
Ano de 2013
An Economic History of Patent Institutions
Scholars such as Max Weber and Douglass North have suggested that intellectual property systems had an important
impact on the course of economic development. However, questions from other eras are still current today, ranging from
whether patents and copyrights constitute ideal policies toward intellectual inventions and their philosophical rationale to the
growing concerns of international political economy. Throughout their history, patent and copyright regimes have confronted
and accommodated technological innovations that were no less significant and contentious for their time than those of the
twenty-first century.
The British Patent System
Britain is noted for the establishment of a patent system which has been in continuous operation for a longer period than
any other in the world. English monarchs frequently used patents to reward favorites with privileges, such as monopolies over
trade that increased the retail prices of commodities. It was not until the seventeenth century that patents were associated
entirely with awards to inventors, when Section 6 of the Statute of Monopolies repealed the practice of royal monopoly grants
to all except patentees of inventions.
The British patent system established significant barriers in the form of prohibitively high costs that limited access to
property rights in invention to a privileged few. Patent fees provided an important source of revenues for the Crown and its
employees, and created a class of administrators who had strong incentives to block proposed reforms.
In addition to the monetary costs, complicated administrative procedures that inventors had to follow made transactions
costs also high. Thus nation-wide lobbies of manufacturers and patentees expressed dissatisfaction with the operation of the
British patent system. However, it was not until after the Crystal Palace Exhibition in 1851 that their concerns were finally
addressed, in an effort to meet the burgeoning competition from the United States. In 1852 the efforts of numerous societies
and of individual engineers, inventors and manufacturers that had been made over many decades were finally rewarded.
Parliament approved the Patent Law Amendment Act, which authorized the first major adjustment of the system in two
centuries.
However, the adjustments made at that time were not completely satisfactory. One source of dissatisfaction that endured
until the end of the nineteenth century was the state of the common law regarding patents. British patents were granted "by the
grace of the Crown" and therefore were subject to any restrictions that the government cared to impose. According to the
statutes, as a matter of national expediency, patents were to be granted if "they be not contrary to the law, nor mischievous to
the State, by raising prices of commodities at home, or to the hurt of trade, or generally inconvenient." The Crown possessed
the ability to revoke any patents that were deemed inconvenient or contrary to public policy. [
]
The Patent System in the United States
The United States stands out as having established one of the most successful patent systems in the world. American
industrial supremacy has frequently been credited to its favorable treatment of inventors and the inducements held out for
inventive activity. The first Article of the U.S. Constitution included a clause to "promote the Progress of Science and the
useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." Congress complied by passing a patent statute in April 1790. In 1836 the United States created the first modern
patent institution in the world, a system whose features differed in significant respects from those of other major countries.
The primary feature of the "American system" is that all applications are subject to an examination for conformity with
the laws and for novelty. An examination system was set in place in 1790, when a select committee consisting of the Secretary
of State (Thomas Jefferson), the Attorney General and the Secretary of War scrutinized the applications. These duties proved to
be too time-consuming for highly ranked officials who had other onerous duties, so three years later it was replaced by a
registration system. The validity of patents was left up to the district courts, which had the power to set in motion a process that
could end in the repeal of the patent.
Another important feature of the American patent system is that it was based on the presumption that social welfare
coincided with the individual welfare of inventors. Accordingly, legislators rejected restrictions on the rights of American
inventors.
Nevertheless, economists such as Joseph Schumpeter have linked market concentration and innovation, and patent rights
are often felt to encourage the establishment of monopoly enterprises. Thus, an important aspect of the enforcement of patents
and intellectual property in general depends on competition or antitrust policies. The attitudes of the judiciary towards patent
conflicts are primarily shaped by their interpretation of the monopoly aspect of the patent grant. The American judiciary in the
early nineteenth century did not recognize patents as monopolies, arguing that patentees added to social welfare through
innovations which had never existed before, whereas monopolists secured to themselves rights that already belong to the
public.[
]
B. Zorina Khan. In: Internet:
According to the information provided by text, judge the items below.
The word "patentees" (l.12) can be understood as patent holders.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Tecnologista em Propriedade Industrial
Ano de 2013
An Economic History of Patent Institutions
Scholars such as Max Weber and Douglass North have suggested that intellectual property systems had an important
impact on the course of economic development. However, questions from other eras are still current today, ranging from
whether patents and copyrights constitute ideal policies toward intellectual inventions and their philosophical rationale to the
growing concerns of international political economy. Throughout their history, patent and copyright regimes have confronted
and accommodated technological innovations that were no less significant and contentious for their time than those of the
twenty-first century.
The British Patent System
Britain is noted for the establishment of a patent system which has been in continuous operation for a longer period than
any other in the world. English monarchs frequently used patents to reward favorites with privileges, such as monopolies over
trade that increased the retail prices of commodities. It was not until the seventeenth century that patents were associated
entirely with awards to inventors, when Section 6 of the Statute of Monopolies repealed the practice of royal monopoly grants
to all except patentees of inventions.
The British patent system established significant barriers in the form of prohibitively high costs that limited access to
property rights in invention to a privileged few. Patent fees provided an important source of revenues for the Crown and its
employees, and created a class of administrators who had strong incentives to block proposed reforms.
In addition to the monetary costs, complicated administrative procedures that inventors had to follow made transactions
costs also high. Thus nation-wide lobbies of manufacturers and patentees expressed dissatisfaction with the operation of the
British patent system. However, it was not until after the Crystal Palace Exhibition in 1851 that their concerns were finally
addressed, in an effort to meet the burgeoning competition from the United States. In 1852 the efforts of numerous societies
and of individual engineers, inventors and manufacturers that had been made over many decades were finally rewarded.
Parliament approved the Patent Law Amendment Act, which authorized the first major adjustment of the system in two
centuries.
However, the adjustments made at that time were not completely satisfactory. One source of dissatisfaction that endured
until the end of the nineteenth century was the state of the common law regarding patents. British patents were granted "by the
grace of the Crown" and therefore were subject to any restrictions that the government cared to impose. According to the
statutes, as a matter of national expediency, patents were to be granted if "they be not contrary to the law, nor mischievous to
the State, by raising prices of commodities at home, or to the hurt of trade, or generally inconvenient." The Crown possessed
the ability to revoke any patents that were deemed inconvenient or contrary to public policy. [...]
The Patent System in the United States
The United States stands out as having established one of the most successful patent systems in the world. American
industrial supremacy has frequently been credited to its favorable treatment of inventors and the inducements held out for
inventive activity. The first Article of the U.S. Constitution included a clause to "promote the Progress of Science and the
useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." Congress complied by passing a patent statute in April 1790. In 1836 the United States created the first modern
patent institution in the world, a system whose features differed in significant respects from those of other major countries.
The primary feature of the "American system" is that all applications are subject to an examination for conformity with
the laws and for novelty. An examination system was set in place in 1790, when a select committee consisting of the Secretary
of State (Thomas Jefferson), the Attorney General and the Secretary of War scrutinized the applications. These duties proved to
be too time-consuming for highly ranked officials who had other onerous duties, so three years later it was replaced by a
registration system. The validity of patents was left up to the district courts, which had the power to set in motion a process that
could end in the repeal of the patent.
Another important feature of the American patent system is that it was based on the presumption that social welfare
coincided with the individual welfare of inventors. Accordingly, legislators rejected restrictions on the rights of American
inventors.
Nevertheless, economists such as Joseph Schumpeter have linked market concentration and innovation, and patent rights
are often felt to encourage the establishment of monopoly enterprises. Thus, an important aspect of the enforcement of patents
and intellectual property in general depends on competition or antitrust policies. The attitudes of the judiciary towards patent
conflicts are primarily shaped by their interpretation of the monopoly aspect of the patent grant. The American judiciary in the
early nineteenth century did not recognize patents as monopolies, arguing that patentees added to social welfare through
innovations which had never existed before, whereas monopolists secured to themselves rights that already belong to the
public.[...]
B. Zorina Khan. In: Internet:
According to the information provided by text, judge the items below.
The British patent system is the oldest one in the world, but it only took the form that we are familiar with today, i.e. protection for inventors, after the seventeenth century.
A resposta correta é:
Assunto Geral
Banca CESPE
INPI - Analista de Plan. Gest. e Infraest. em Prop. Ind.
Ano de 2013
An Economic History of Patent Institutions
Scholars such as Max Weber and Douglass North have suggested that intellectual property systems had an important
impact on the course of economic development. However, questions from other eras are still current today, ranging from
whether patents and copyrights constitute ideal policies toward intellectual inventions and their philosophical rationale to the
growing concerns of international political economy. Throughout their history, patent and copyright regimes have confronted
and accommodated technological innovations that were no less significant and contentious for their time than those of the
twenty-first century.
The British Patent System
Britain is noted for the establishment of a patent system which has been in continuous operation for a longer period than
any other in the world. English monarchs frequently used patents to reward favorites with privileges, such as monopolies over
trade that increased the retail prices of commodities. It was not until the seventeenth century that patents were associated
entirely with awards to inventors, when Section 6 of the Statute of Monopolies repealed the practice of royal monopoly grants
to all except patentees of inventions.
The British patent system established significant barriers in the form of prohibitively high costs that limited access to
property rights in invention to a privileged few. Patent fees provided an important source of revenues for the Crown and its
employees, and created a class of administrators who had strong incentives to block proposed reforms.
In addition to the monetary costs, complicated administrative procedures that inventors had to follow made transactions
costs also high. Thus nation-wide lobbies of manufacturers and patentees expressed dissatisfaction with the operation of the
British patent system. However, it was not until after the Crystal Palace Exhibition in 1851 that their concerns were finally
addressed, in an effort to meet the burgeoning competition from the United States. In 1852 the efforts of numerous societies
and of individual engineers, inventors and manufacturers that had been made over many decades were finally rewarded.
Parliament approved the Patent Law Amendment Act, which authorized the first major adjustment of the system in two
centuries.
However, the adjustments made at that time were not completely satisfactory. One source of dissatisfaction that endured
until the end of the nineteenth century was the state of the common law regarding patents. British patents were granted "by the
grace of the Crown" and therefore were subject to any restrictions that the government cared to impose. According to the
statutes, as a matter of national expediency, patents were to be granted if "they be not contrary to the law, nor mischievous to
the State, by raising prices of commodities at home, or to the hurt of trade, or generally inconvenient." The Crown possessed
the ability to revoke any patents that were deemed inconvenient or contrary to public policy. [
]
The Patent System in the United States
The United States stands out as having established one of the most successful patent systems in the world. American
industrial supremacy has frequently been credited to its favorable treatment of inventors and the inducements held out for
inventive activity. The first Article of the U.S. Constitution included a clause to "promote the Progress of Science and the
useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." Congress complied by passing a patent statute in April 1790. In 1836 the United States created the first modern
patent institution in the world, a system whose features differed in significant respects from those of other major countries.
The primary feature of the "American system" is that all applications are subject to an examination for conformity with
the laws and for novelty. An examination system was set in place in 1790, when a select committee consisting of the Secretary
of State (Thomas Jefferson), the Attorney General and the Secretary of War scrutinized the applications. These duties proved to
be too time-consuming for highly ranked officials who had other onerous duties, so three years later it was replaced by a
registration system. The validity of patents was left up to the district courts, which had the power to set in motion a process that
could end in the repeal of the patent.
Another important feature of the American patent system is that it was based on the presumption that social welfare
coincided with the individual welfare of inventors. Accordingly, legislators rejected restrictions on the rights of American
inventors.
Nevertheless, economists such as Joseph Schumpeter have linked market concentration and innovation, and patent rights
are often felt to encourage the establishment of monopoly enterprises. Thus, an important aspect of the enforcement of patents
and intellectual property in general depends on competition or antitrust policies. The attitudes of the judiciary towards patent
conflicts are primarily shaped by their interpretation of the monopoly aspect of the patent grant. The American judiciary in the
early nineteenth century did not recognize patents as monopolies, arguing that patentees added to social welfare through
innovations which had never existed before, whereas monopolists secured to themselves rights that already belong to the
public.[
]
B. Zorina Khan. In: Internet:
According to the information provided by text, judge the items below.
The new class of administrators that emerged from the patent fees system would not agree with the high costs of the patent procedure.
A resposta correta é: