623 midterm exam part 2

FACTS:

• Gemma and James have pooled their savings to create a start-up company to develop and market an idea they conceived while students together at MIT. They obtained permission to use a college lab during late night hours a few nights a week during their last term before graduating to work on the project. Then they were able to move to James’ parents’ garage, which they keep locked.
• Now they need more sophisticated resources. They have created a prototype robotic device, called “Phoebe,” that will aid first responders in disaster relief by sensing and locating survivors remotely in areas unsafe for humans and dogs to navigate. Phoebe’s ensors will locate living beings, scan vitals and assess level of trauma.
• Gemma and James have mapped out both private and public,  civil, and military, applications of their invention, plus continued R & D improvement into next-phase capabilities.
• They have not shared their theory, the prototype, their documentation or any of the associated hard and soft technologies with anyone, but anticipate needing to do so to obtain a funding source.
• They are concerned about others learning of their technology ahead of their chance to obtain IP protection and customers, because they caught a nosy ex-classmate of theirs, Clarence, hanging around their lab.

EXPLAIN AND DISCUSS IN A WELL ORGANIZED APA PAPER:

1. The type of business organization Gemma and James should use to organize their business entity and why. (HINT: Consider partnership, corporation, and limited liability company options.)
2. The four types of intellectual property (IP) and which of these have application to Gemma and James’ invention, Phoebe.  Include case law that illustrates these at least two types of IP as applicable to Gemma and James situation and potential issues.
3. The steps Gemma and James should take to protect their invention.
4. It is possible Gemma and James will find themselves in one or more disputes over their invention or related matters.  Explain alternative dispute r resolution (ADR) and how this can work to their advantage.

Concepts that should be included in your essay:

• Types of business organizations; considerations for organizing and operating a business;
• Legal environment of business; considerations for management and training to meet business needs;
• Types of IP and their application to Phoebe (include case law);
• IP protection (part of case law requirement could be used here);
• Relevant methodologies and practices as illustrated by major contributors or organizations (e.g. US PTO, WIPO);
• IP litigation claims and defenses and types of alternative dispute resolution (ADR), including case law that illustrates types of ADR in practice (especially IP);
• Considerations of business management for handling IP innovation, selection of IP protections;
• Business compliance issues that Gemma and James should consider.

Be creative! Organize your paper in APA 7th Ed. format using appropriate headings with smooth transitions. An APA paper template is attached to this Assignment.

In addition to the case law , as referenced in the Grading Rubric, you must  use your text, required readings and research in other scholarly sources. (Again — See Grading Rubric.)

Word length: The Exemplary level of the Rubric is 1500-2100 words.  This requirement is exclusive of title page and the References list.  Also, you do not need to include an abstract. If you do, it is not part of your word count.

The Grading Rubric is attached for your reference.