Contract and Patent Law Assignment Example | Topics and Well Written Essays - 750 words

Contract and Patent Law - Assignment Example public, nor its components and usage described in a publication for a period of one year before the invention, nor offered for sale for a period of one year, before the filing for a patent (Cheeseman, 2011). The other rule guiding the granting of a patent is the fact that the invention must be useful and able to perform the intended purpose. Additionally, the invention should not be exactly similar to a pre-existing product (Cheeseman, 2011). However, an improvement on a previously existing product that is non-obvious is also patentable. Thus, based on Billy’s Towrack invention, it is patentable since the invention is useful for carrying sporting equipment, it is a non-obvious improvement from the already existing tows in that it is lighter and has only the single wheel. Thus, Billy can successfully obtain a patent for this device. 2. Under the requirements of the trademark laws, a symbol, a word or a name can only be registered as a trademark if it is able to differentiate the products or services offered by one entity from those offered by others. The symbol or the name used should not be confusing to the consumers, to an extent of not knowing the difference between one product and the other (Cheeseman, 2011). Additionally, the symbols and names used should not be similar to those of an already existing product, and neither should they be deceptive on the sides of the consumers. Based on the name used by Billy for his invented device, Towrack is just but a general name, which does not serve to differentiate the device from the common ones of its kind. Thus, Billy may not obtain a trademark by using this name to identify his product, since it is not distinctive to the consumers.