Question: Identify and discuss every patent issue in this fact pattern, provide a rule of law, a comprehensive analysis, and state how that issue would be
Identify and discuss every patent issue in this fact pattern, provide a rule of law, a comprehensive analysis, and state how that issue would be resolved?
Dorothy, Scarecrow, Tin Man, Lion, Wizard, and Glinda are all competing inventors in the pharmaceutical industry. The majority of their research efforts are designed to combat Poppy disease, Ruby disease, and Rainbow disease. All of these diseases result in tooth decay and tooth loss. Scientists have studied all three of the diseases for decades with no successful result. Poppy disease and Ruby disease are considered national diseases, while Rainbow disease only affects the 15,000 people living in Oz, Ohio. Dorothy, Scarecrow, and Tin Man all hold a Ph.D. degree in plant biology. Lion, Wizard, and Glinda do not have educations past the eighth grade.
Dorothy filed a patent application for a substance called Poppyblitz in September of 2015. Poppyblitz was designed to reduce the effects of Poppy disease. Poppyblitz was a plant extract from an asexually created plant called a ProPoppy (a yellow plant that was remarkably resistant to the Jitter bug), which was created by a grafting process that required the mixing of the Cibo plant and the Markino plant. Amazingly, Dorothy had found four different ways in which to conduct the grafting process and three ways of extracting the Poppyblitz from the ProPoppy. Lion heard a rumor about this substance and put forth a protest stating that he had discovered virtually the same substance ten years ago by a budding process that also required a mix of both the Cibo plant and the Markino plant. Lions substance, called RainbowCourage, was remarkably effective in reducing Rainbow disease. Lion was not big on ego-boosting patents.
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