Business Strategy and Whitbread Essay Example

Business Strategy and Whitbread Paper Bibliography There are no sources in the current document. Carol Pickering Assignment 1 Business strategy EXECUTIVE SUMMARY Whitbread PLC founded in 1742 by Samuel Whitbread the first mass production brewing plant in Georgian London. Whitbread had always been known for brewing and running pubs. A complete change in direction in 2001 saw the selling off of both the brewing and the pubs and a new era of hotels restaurants and coffee shops began. 2011 see the core estate of premier inns several restaurant chains and costa coffee. These are not confined to the UK but Whitbread now sees business as global. Their vision is to build the best large scale hospitality brands in the world but still incorporating the values the Sam had in the 18th century. Whitbread have core values that are simple yet strong and three words, Genuine, Confident and Committed. These can be seen as to what the company aspires to and how they wish the business to conduct itself. As a global corporate business Whitbread can be seen to be creating value for money and creating a complete customer experience focusing on areas of the industry that are expanding value for money hotels and family restaurants as well as ever popular coffee shops. We will write a custom essay sample on Business Strategy and Whitbread specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Business Strategy and Whitbread specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Business Strategy and Whitbread specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In the financial report for 2010/11 there were as can be expected no financial objectives there were however several covering corporate responsibility from green issues such as energy saving to ethical objectives such as funding of schools for children in coffee growing regions. Also improving customer experiences stronger offers and expanding the business around the globe The vision strategy and core values for Whitbread are to the point focused and easily understood. The mission statement however is a little weak in that it does not contain and the necessary elements of a good mission statement. It focuses on its brand market and its philosophy with no mentions of employees or its corporate responsibility which both hold strong focus in the annual report for 2010/11 Financially Whitbread has gone from strength to strength. Expanding the business across the globe opening hotels and coffee shops in foreign shores has led to increase in like for like sales and profits. Turnover in 2010/11 was up 11. 5%. Revenue in hotels and restaurants up 10. 6%. Growth in costa coffee saw a massive increase of 24. 7% and Costa saw an increase of 38. 4% in its operating profit for the financial year. Operating profit grew from 3188m in 99/00 to ? 250m the year after the radical change in direction to ? 308. 8m in 10/11. Taking such a step in redirection was a gamble some would say. Having a solid strategy strong core values and a clear aim has lead Whitbread from strength to strength not nationally as was but globally as is. CONTENTS Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. page 1 History of Whitbread†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. †¦page 1 Whitbread Strategy†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. page 2 Mission Statement†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. page 2 Vision†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦page 3 Core Values†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦. age 4 Objectives†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. page 5 Financial Analysis†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. page 5 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. page 6 1. INTRODUCTION Whitbread PLC is a major player within the hospitality and leisure sector in the U. K. As a company in 2001 the company took a different direction altogether. The aim was then to concentrate on the growing markets in hotels and restaurants. This report aims to look at the business strategy of Whitbread through the annual report 20010/2011 looking key trends and ratios as well as the company’s mission statements visions and objectives. HISTORY OF WHITBREAD Samuel Whitbread was born in 1720 his brewing apprenticeship was 1736 and he opened his first brewery in 1742. In 1750 he constructed the first purpose built mass production brewery in the UK this was Chiswell Street in Georgian London. Modern Whitbread in its current form started in 2001 when the brewing division was sold off and the company left the traditional bar and pub sector for good. Reincarnating itself into a hotel and restaurant company it still holds the values the Sam Whitbread in the founding days. That is to genuinely focus on the customer and to strive to be the best and to recognise that progress comes from innovative thinking. In the annual report from 2000/01 which was the last that covered the original estate the consisted of 5915 units outside the brewing division ranging from pubs managed and leased to hotels and off-licences with a turnover of ? 2951. 4mil and a GP of ? 759. 4mil. In the last annual report 2010/11 the portfolio contains 44295 rooms 379 restaurants and 1217 UK coffee shops and 654 internationally. The 2. turnover for this period was ? 599. 6mil however the GP was 1362. 5mil. (www. whitbread. co. uk) WHITBREAD STRATEGY Using PESTEL (Political, Economic, Social, Technological Environmental and Legal) an organisation can influence its strategy and alter it as the factors change. Politics covers changes in government; economics are influenced by exchange rates and world growth. Social covers demographics and technological covers innovations such as the inte rnet. Environmental covers green issues and legal covering legislation such as health and safety (Johnson. G, Scholes. K, Whittington. R 2008). Whitbread’s strategy is focused on creating value for money and the customer experience creating a link to a set of objectives and an incentive scheme for managers that depending on the brand can be up to 100% of the basic salary. (www. whitbread. co. uk/benefits). Rewarding individuals motivates a team, the interest levels increase in those areas of focus and the strategy becomes the employee’s everyday focus and it is understood. The team are motivated to perform to the best of their ability (Kaplan. R, Norton. D, 2004). Whitbread Strategy Appendix i MISSON STATEMENT Whitbread mission statement Appendix ii â€Å"A mission statements aim is to provide stakeholders with clarity about the overall purpose and raison d’etre of the organisation. † (Johnson, Scholes, Whittington 2008). 3. By early 21st century mission statement were widely used by organisations, Barkus regarded them as weak and varying ( Barkus. B, Glassman. M, McAfee. B, 2000). However Rarrek Vitton and Bart Baetz found a positive influence on returns for those organisations with an effective mission statement. (Bart,C. , Baetz,M. 998) found a positive influence on returns for those organisations with an effective mission statement. Mission statements should contain some or all or nine components (Appendix iii) The Whitbread statement does not contain all nine of these components. It touches on its brand â€Å"hospitality brand† Market â€Å"the world†. Its philosophy could be interpreted as â€Å"outstanding value†. There is however no mention of the employees or public image both of which hold focus in the last annual report with regard to employee qualifications and corporate responsibility (www. hitbread/annualreport. co. uk ) VISION Whitbread vision statement (appendix iv) A vision statement gives an insight into direction the organisation wants to take. It gives direction to the stakeholders and why and how to support the organisation (Kaplan. R, Norton,D. 2004). Profit alone will not motivate employees an organisation they see profit as money the management use and pay-out to shareholders (Quigley. J, 1994). A combination of a vision for employees to work towards and the generation of profit are needed for the success of an organisation. Whitbread in their vision statement give a clear and concise direction for the company using phrases â€Å"best large scale hospitality brands in the world† and â€Å"most 4. customer focused organisation there is†. The stakeholders know the direction the organisation is going and how it will achieve this. CORE VALUES To instil a set of core values within an organisation and will define the way in which the organisation is run. These values will tend towards values in which the organisation wishes to reach or aspire rather than what it is. These values are usually linked to corporate responsibility and are variable and misleading (Johnson. G, Scholes. K, and Wittington. R 2008). Arguably these core values are the basis on which an organisation work and conduct themselves. Whereas strategies will change according to outside influences the core values will not change (www. nps. gov ) Whitbread has three core values 1. Genuine – really caring about customers 2. Confident – striving to be the best at what we do 3. Committed – working hard for each other These values would not need to change even if the business did. PESTEL influences do not affect the 3 values for Whitbread. These can remain the focus for the company in challenging times. 5. OBJECTIVES Whitbread objectives (appendix v) â€Å"Clear and explicit and the basis upon which options are evaluated† (Johnson. G, Scholes. K, Whittington. R, 2008 p31) Objectives are formulated in relation to sales profits and aimed at both unit and corporate level. There are market based objectives that are linked to service repeat business and market share these are more commonly called targets. Both objectives and targets need to be measured (Ansoff. I, 1968). These measured and times objectives can focus on areas within a business that are in need of attention (Johnson. G, Scholes. K, and Wittington. R 2008). While within the Whitbread report there were no clear financial objectives those that were laid out are environmental (Appendix v) and called targets rather than objectives. When using the SMART criteria for creating objectives, Specific Measurable Attainable Realistic and Times all the targets meet this criteria. (Kerry 2002). FINANCIAL ANALYSIS Whitbread turnover 2010/11 was ? 1599. 6m up from ? 1435m 2009/10 a growth of 11. 5%. gross profit 2010/11 was ? 1362. 5m against ? 1221. 5m 2009/10 an increase of 0. 75%. Whitbread is split into 2 divisions hotels/restaurants and Costa Coffee. Revenue from the hotel/restaurants 20010/11 was ? 698. 6m an increase of 10. 6%. like for like sales were up 8. 2% against a negative of 4. 3% 2009/10. Restaurants had positive LFL sales of 3. 3% and the operating profit was up 14. 7% to ? 283. 4m. Costa 6. Coffee revenue 20010/11 was ? 425m an increase of 24. 7% like for like sales of 7. 8% and an operating profit of ? 50. 1m an increase of 38. 4% (www. whitbread. co. uk) CONCLUSION Whitbread has a clear defined strategy vision and strong core values. Each is easy for stakeholders to understand and form a strong base for the brand across the globe. The mission statement is however missing several of the key components including employee and corporate responsibility. This has not however hampered the continuing success of the company with sales and profits up again at the end of the last financial year. BIBLIOGRAPHY Ansoff,C. Baetz,M. (1998) The Relationship between Mission Statements and Firm Performance: an explority study. Journal of management studies. 35. Bartlaus,B. Glassman,M. McAfee,B. (2000) Mission Statements: are they smoke and Mirrors. Business horizons. 23. David,F. (2010). Strategic Management. Prentice Hall. USA Kaplan,R. Norton,D. (2004) The Strategy- focused Organisation. Harvard business School Press. Boston Mass. USA Kerry,T. (2002) Effective Learning Objectives task setting and differentiation. Nelson Thomas. UK. Quigley,J. (1994). Vision: how leaders develop it share it and sustain it:39 WEB SITES www. whitbread. co. uk www. nps. gov APPENDICES Whitbread Strategy â€Å"Our strategy is to create value for our shareholders by focusing our investment and growth in the expanding areas of the hospitality industry with particular focus on value for money hotels and costa coffee shops. This is how we manage to deliver outstanding performance across all of our business† www. whitbread. co. uk - Appendix i Whitbread Mission statement â€Å"Our aim is to build the best large scale hospitality brands in the world by becoming the most customer focused organisation there is. Anywhere. We’ll do this by providing outstanding value and making every day experiences feel special so that our customers come back time and time again† www. whitbread. co. uk - Appendix ii Components for a mission statement 1. Customers- who are the firm’s customers? 2. Products or services- what are the major products or services? 3. Markets- geographically where does the firm compete? 4. Technology- is the firm technically current? 5. Concern for survival growth and profitability-is the company committed to growth and financial soundness? 6. Philosophy- what are the basic beliefs values aspirations and ethical priorities of the firm? 7. Self-concept- what is the firm’s distinctive competence or major competitive advantage? . Concern for public image- is the firm responsive to social community and environmental concerns? 9. Concern for employees- are employees a valuable asset of the firm? - Chapter 2 the business vision and mission - Appendix iii VISION STATEMENT â€Å"Our ambitious vision is to build the best large scale hospitality brands in the world by becoming the most customer focused organisation there is, anywhere† ww. whitbre ad. co. uk - Appendix iv OBJECTIVES * Improving our insight to deliver a better customer experience * Stronger value led offers * Innovating across our brand propositions making our brands more accessible through increased distribution channels * Reduce our relative operational carbon emissions by 26% v a 2009/10 baseline by 2020 * Achieve 80% of waste diverted from landfill from Whitbread hotels and restaurant sites by Feb. 012 * Achieve a relative 20% reduction in water consumption in our hotels and restaurants portfolio against 2009/10 base line by 2020 * Raise ? 1m for water aid * Achieve 3000 qualifications from Whitbread hotels and restaurants apprenticeship scheme. 400 costa learners trained by 2011 * To raise funds and build Costa foundation schools sufficient to educate 15,000 children in coffee growing communities by 2012

Harry Potter and the Deathly Hallows Quotes

Harry Potter and the Deathly Hallows Quotes The curtains close. With Harry Potter and the Deathly Hallows, the famous epic of wizardry and magic finally ends. J. K. Rowling takes us, Muggles, for one last magical tour into Harry Potters world. The book ends with a climax that reaches a feverish pitch. If you havent yet grabbed a copy of the book, you are missing a lot. For the rest of the die-hard Harry Potter fans, take a trip to fantasy land, with these Harry Potter and the Deathly Hallows quotes. Spoiler warning: These quotes might reveal parts of the story. Albus DumbledoreOf course, it is happening inside your head, Harry, but why on earth should that mean that it is not real?Ron Weasley(with regard to Peeves singing his victory song) That really captures the scope and tragedy of the thing, doesnt it?(Engraved on Dobbys grave)Here lies Dobby, a free elf.Luna LovegoodI think the answer is: a circle that has no beginning.Hermione GrangerMudblood, and proud of it!PeevesWe did it, we bashed them, wee Potters the one,And Voldys gone moldy, so now lets have fun!Sirius Black[On being asked if dying hurt] Dying? Not at all. Quicker and easier than falling asleep.VoldemortThat Potter lives is due more to my errors, than to his triumphs... I have been careless, and so have been thwarted by luck and chance, those wreckers of all but the best-laid plans. But I know better now. I understand those things that I did not understand before. I must be the one to kill Harry Potter, and I shall be.Albus DumbledoreIt is a curious thing, Harry, but perhaps those who are best suited to power are those who have never sought it. Those who, like you, have leadership thrust upon them, and take up the mantle because they must, and find to their own surprise that they wear it well. Dudley Dursley(to Harry) I dont think youre a waste of space.Albus DumbledoreDo not pity the dead, Harry, pity the living. Above all, pity those who live without love. By returning you may ensure that fewer souls are maimed and fewer families are torn apart. If that seems to you a worthy goal, then we say goodbye for the present.Hermione GrangerWands are only as powerful as the wizards who use them. Some wizards just like to boast that theirs are bigger and better than other peoples.Albus DumbledorePower was my weakness and my temptation.Luna Lovegood(after McGonagall says Lord Voldemort is attacking) Ooh! We can say that name now?Albus DumbledoreThat which Voldemort does not value, he takes no trouble to understand. Of house-elves and childrens tales, of love, loyalty, and innocence, Voldemort knows and understands nothing. Nothing. That they all have a power beyond his own, a power beyond the reach of any magic, is a truth he has never grasped.(Engraved on Rowena Ravenclaws diadem) Wit beyond measure is mans greatest treasure. Ronald WeasleyAlls fair in love and war, and this is a bit of both.Mr. OllivanderThe wand chooses the wizard, that much has always been clear to those of us who have studied wandlore.Harry Potter(to Ron and Hermione kissing) Oi! Theres a war going on here!Ron Weasley(referring to Draco Malfoys son) Make sure you beat him in every test, Rosie. Thank God you inherited your mothers brains.Fred WeasleyFor instance, this new idea that You-Know-Who can kill with a single glance from his eyes. Thats a Basilisk, listeners. One simple test, check whether the thing thats glaring at you has got legs. If it has, its safe to look into its eyes, although if it really is You-Know-Who, thats still likely to be the last thing you ever do.(Engraved on the Potters grave)The last enemy that shall be destroyed is death.

Kung Fu Hustle Analysis Movie Review Example | Topics and Well Written Essays - 1250 words

Kung Fu Hustle Analysis - Movie Review Example The development of film through pooling resources from different industries and applying the different genres that were previously not being utilized has aided them cross the coterminous boundary of global film. Chinese films are more defined in geographic, ethnic and auteurist terms and only bound to address the issues of identity, nationhood, gender and immigration. Chow’s film, Kung Fu Hustle answers the Joroen De Kloet’s call to ‘move away from the textual to the contextual’ and still address the same issues that previous directors were trying to address. Scholars need appreciate that the evolving Chinese film industry is incorporating aspects that are more western and involving western studios to make their art. The two industry have ceased being apart and have merged to make a comprehensive picture that addresses the â€Å"derivative- a slavish, lesser, imitator† tag. The main aspect of merging the two different cultures is to appeal the popular audience and intertwine globalization, localization, regionalization and nationalization in films. Chow’s film Kung Fu Hustle is an important sign in the evolving Asian market to adapt and interact with the western industry. Chow, through production, funding and the acting incorporates western aspects that are ‘acceptable’ to the Chinese people. He avoids themes that will limit his film to the Asian market, which has a liberal thought in terms of culture and religious freedom. Through his previous films, he knows that he cannot appeal to the audience through voice humor and hence develops bodily and character humor that will auger with any audience globally. An auteur skill of film making that makes him a director to reckon with in the Chinese film industry, while incorporating those aspects that attract popular audience and make money. Popular culture among actors is definitive in formation of identity,

Business Financing and the Capital Structure Essay

Business Financing and the Capital Structure - Essay Example Financial planning of the corporation would include building a plan to meet the expenses of the future through its holdings on assets after considering the predicted future cash flows and plans for withdrawal or allocation of funds. Financial planning help the corporations to understand the changes required in the areas of investment and allocation of assets in order to meet their financial goals. Thus financial planning ensures smooth transition of the financial position of the companies to attain the long term goals in future and also to meet the short term operational need. The process of financial planning is significant for the companies to attain sustainability in a competitive market (Baker and  Powell, 2009). Working capital of corporations is the difference between the current assets and current liabilities of the corporation. Working capital management involves maintenance of optimum levels of both the current liabilities and current assets of the corporation. Optimum lev el of current asset and current liabilities indicate maintenance of sufficient current assets and cash in hand in order to meet the short term liability and expenses for daily operation in an efficient manner. The important ratios that are useful for effective working capital management are inventory turnover, account payables and accounts receivables. The excess cash is parked by businesses through the marketable securities like debentures and bonds that could be converted into cash within a short period of time. The marketable securities for parking excess cash provide a source of high liquidity. The high liquidity requirement could be met by the corporations by use of marketable securities due to the presence of large number of buyers in the market. The financial instruments used to park excess cash are exposed to lesser market risk as these could be transformed into liquid cash at any point of time. 2. Assume that you are financial advisor to a business. Describe the advice that you would give to the client for raising business capital using both debt and equity options in today’s economy. The valuation of companies had become vulnerable from the period of economic recession which turned into a global financial meltdown. Although the situation has recovered to an extent since last year which was backed by performance of the emerging economies, the investors are still circumspect on investing in equities of the companies without doing adequate research. Thus the raising of business capital through a mix of debt and equity options would be suitable for the companies. The equity financing option of raising capital would involve issue of shares to the public for raising funds. The companies would have to share the profits with the increased number of shareholders. The risk of investments, however, would also be shared with investors. The ownership structure of the company would get diluted and the control over business decision making would be reduced. The funds raised through debt financing option are also painful for the companies over a period of time due to the regular interest payments to be done by them. The cost of debt financing, however, would be reduce due to the tax deductibility feature. Due to the tax shields, the companies are in a position to reduce their interest payments. Thus a debt-equity mix strategy for raising business capital is suitable for the

Making decisions in business Essay Example | Topics and Well Written Essays - 3000 words

Making decisions in business - Essay Example In such context, the researcher has decided to go deep in the topic of business research in order to understand how data is being collected and how this data can be analyzed in order make valid business decision. The essay will also take example of case study regarding sales revenue in return of Facebook marketing in order to shed light how statistical calculation is used for analyzing data. But, in the first section, the essay will shed light on data collection procedure. 1.1 Collection of Primary and Secondary Data Saunders, Lewis and Thornhil (2009) pointed out that researchers should be careful while collecting data regarding given business problem because business research is significantly different from academic research. For example, business researchers should focus more on real time data such as sales revenue after integrating certain advertising measures while academic researcher focus more on historical data in the form of literature review. For a business problem, researc hers can use two types of data source such as primary and secondary. 1.1.1 Plan According to the instruction, I have been approached by marketing department of Blue Marketing in order to help them to analyze the success of the new social media (Facebook) marketing campaign which has been designed for their client cocktail cosmetics. Data sources for analyzing the success of marketing campaign can be following types; Data Sources Characteristics Validity Secondary Data Previous result of such kind of marketing that has been prepared by the company for other clients. Historical data from the company database regarding industry trend on social media marketing trend. Available business report on global social media marketing trend. Financial report of cocktail cosmetics which can serve as basal plan for understanding the resource capability of client for funding digital marketing campaign. No. of likes is Facebook page of the social media marketing campaign of cocktail cosmetics. Data s ources should not be old (not before 2011) while each data should be collected after cross checking the authenticity. Data should be collected from updated databases and previous social media advertising campaigns should be adjusted as per present condition and size of cocktail cosmetics. Number of likes in Facebook page can help the Blue Marketing to assess the popularity of the campaign. These data are being collected in real time manner hence there is no question on data validity. Primary Data Sources Daily sales revenue data, Facebook Posts (FP) and Fan interactions (FI) are three major primary data sources for Blue Marketing to analyze the performance of the designed social media campaign. Survey method can also be used in order to collect data from Facebook users regarding their opinion about the campaign. Reliability statistics should be used in order to test the autocorrelation between the sample data and data having low responses having low should be deleted in order to inc rease validity of the data. Secondary data should be collected by accessing internet sources and paid business databases while primary data can be collected by visiting the Facebook page of the campaign and customer interaction page in Facebook. Sales data can be colle

European Perspective on Nanotechnology Patents

European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. 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Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. 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What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe European Perspective on Nanotechnology Patents European Perspective on Nanotechnology Patents An Overview of Nanotechnology Patents: A European Perspective The future world will to a large extent consist of a knowledge based society. Intellectual property (IP) will play an important role in generating wealth and employment in that society. A general rule is that the more developed a country is the more stricter and secure for IP and strict to uphold the IPR. IP assets have become between 50 and 70 percent of the gross domestic products of a developed country.[1] In that sense it can be said that IP has become one of the most important assets of knowledge based economies.[2] Creativity is essential to economic growth.[3] It is feared that the development of new technologies and thereby the progress of societies will be halted without the presence of intellectual property rights (IPR). IPRs encourage the development of new technologies. IPRs aim at creating a harmonious relationship among investors, inventors and consumers. Patent rights are one of the important branches of IPR. The ultimate goal of patent rights is to promote invention a nd encourage further development of that invention for the benefit of society. Before going into an in-depth discussion on nanotechnology patents, it will be wise to discuss patent rights. The main aim of patent rights is to protect technological inventions.[4] Patents can be seen as the outcome indicators of applied research and technological advancement.[5] A patent protects novel and non-obvious ideas and not mere the expressions of those ideas.[6] The patent system is meant to protect technology, actual machines, devices and new chemical, biotechnological/nanotechnological compositions rather than pure concepts.[7] The main of the system is to promote the continuation of intellectual community[8] and industrial and technological development. Generally a patent may be defined as the exclusive right granted by statute to a party who conceives or discovers a non obvious and novel invention, to use and develop that invention, to prevent others from manufacturing, selling or using the invention for a limited time, which depends on the inventions and jurisdictions. Patent terms are typically from 14 to 20 years.[9] The applicant of a patent must show that the invention is eligible subject matter, novel, having industrial application or utility, inventive step and non-obviousness i.e. that the invention is not obvious to a skilled person in the field with ordinary knowledge and lastly adequate disclosure. Its not enough that an invention is new for a company or in a definite country. The described invention must be new in the international context.[10] Patent is very important in the intellectual and scientific community because of it relate to their reputation and to enrich their resume. In the sense of commercial sector, it i s important because it creates barriers to entry into the market.[11] The emergence of a new and pioneer technology creates issues and possibilities in perfecting IP rights.[12] Like other present technologies, nanotechnology isnt merely a part of a distant future, but is also a significant technology today.[13] Its obvious that nanotechnology will be one of the essential technologies of the 21st century which have enough potentiality to create new markets and prosperity.[14] Nanotechnologies are treated not as a standalone topic, but as a potential and important approach to develop new materials and accomplishment new properties. Their potential for characterizing and building up nano-structure will meet future goals in nearly all sectors. Nanotechnologies have the merit of joining together chemists, physicists, biologists, medical doctors, sociologists, etc. It has been held that nanotechnology will be one of the largest sectors of economic growth of world in the foreseeable future.[15] Such technology will be used in a wide range of products from mi litary weapons to clothing.[16] Many multinational companies have already invested huge amounts in the field of nanotechnology. The nano-world is full of surprise and potential.[17] As its a nascent technology, it may pose problems and opportunities for IP regimes.[18] Nanotechnology patents are not treated differently than other patents but it is true that more complex technology creates more complex problem within the patent system. It may be the next legal challenge in the field of IPR. Although early predictions for nanotechnology commercialization are encouraging, however, there are formidable challenges that include legal, environmental, ethical and regulatory questions, as well as emerging thickets of overlapping patent claims. The rapid technological development of nanotechnology will challenge the traditional regulatory system in patent law.[19] Another problem will arise to classify the nanotechnology because advanced nano-products may suit into different categories simultaneously.[20] One thing is certain, however, nanotechnology is here to stay and will generate both evolutionary as well as revolutionary products in the future, thereby improving all sectors of our life.[21] The impact of nanotechnology on our way of life is widely belie ved to reach profound and hitherto unimagined levels in the coming decades.[22] Nanotechnology is just passing its early stage in the field of science and very little development has occurred in the legal arena on nanotech. In this thesis, I will focus on legal sides of nanotechnology patents. My overall point of discussion is legal rather than technical. The first part of the thesis will contain a general overview of nanotechnology from a scientific view point, different governmental and non-governmental organizations approach as well as the importance of nanotechnology from other general aspects. In the second part of the thesis, the relationship between nanotechnology and IPR will be discussed. The third part of the thesis addresses the possibility of patenting nanotechnology inventions. This part also contains a brief description on EU policy towards nanotechnology patents. Finally, the future legal challenges which may face legal experts in the IP field regarding the patenting of nanotechnology products are analyzed. 1. What is Nanotechnology: Technological and theoretical improvements have moved us to the place where our knowledge of atomic construction and behavior has significantly improved.[23] This advancement enables human to enter the age of nanotechnology.[24] Nanotechnology is mainly consists of ‘nano- materials- e.g. carbon nano-tubes, fullerenes, nano-particles, quantum dots, dendrimers, nano-crystalline diamonds, nano-wires, etc.[25] According to Eric Drexler, a nano-optimist, nanotechnology can change the world in the way that the steam engine did.[26] A proper definition is very important in a field of science and technology, not least for patents.[27] It is very important to define nanotechnology from a legal point of view. The world of nanotechnology is a world of individual atoms and molecules.[28] Its the science to study and use of the unique characteristics of materials at nano-scale.[29] A precise definition of ‘nanotechnology in law and science is yet to be decided. It encompasses many dif ferent concepts and fields simultaneously, which is a difficult task. Even scientists in the field maintain that it â€Å"depends on whom you ask.†[30] Many experts and different governmental institutions have tried to define the concept of nanotechnology. Generally ‘nanotechnology seems to refer to very small science.[31] ‘Technology derives from the Greek tekhne, which means ‘skill or ‘discipline and ‘logos which means ‘speech.[32] ‘Nano comes from the Latin word for ‘dwarf, but today the prefix is more known to denote one billionth (i.e. one billionth of a metre).[33] Therefore nanotechnology could mean the discipline of assembly at the nanometer scale or in other words, molecular assemblage and mass molecular production.[34] Nanotechnology is an umbrella term used to define the properties or products and process at the nano/micro scale that have resulted from the convergence of the physical, chemical and life science.[35] EPO[36] defines ‘nanotechnology as follows: The term nanotechnology covers entities with a controlled geometrical size of at least one functional component below 100 nano-metres in one or more dimensions susceptible of making physical, chemical or biological effects available which are intrinsic to that size. It covers equipment and methods for controlled analysis, manipulation, processing, fabrication or measurement with a precision below 100 nano-metres. The U.S. ‘National Nanotechnology Initiative (NNI) predicted in a report issued by the U.S. Department of Energys Office of Basic Energy Sciences, the near term benefits of the developments of this new technology. The White House Office of Management and Budget devised a broader, more functional definition for nanotechnology. It defines Nanotechnology as : research and technology development at the atomic, molecular or macromolecular levels in the length scale of approximately 1-100 nano-meter range, to provide a fundamental understanding of the phenomena and materials properties at the nano-scale and to model, create, characterize, manipulate and use structures, device and systems that have novel properties and functions because of their small or intermediate size.[37] Nobel laureate Richard Smalley defines nanotechnology as ‘the art and science of building stuff that does stuff on the nano-meter scale. Eric Drexler defines nanotechnology as â€Å"engineering in the molecular scale†.[38] Some legal expert characterizes it â€Å"as the skillful management of matter at the scale of one billionth of a meter or smaller†.[39] The US Nanotechnology Act[40] defines nanotechnology as the science and technology that will enable one to understand measure, manipulate, and manufacture at the atomic, molecular, and supra-molecular levels.[41] Although nanotechnology encompasses many different types of concepts, it can be said generally that nanotechnology is a science to manipulation of matter or things at the scale of nano-meter.[42] Nanotechnology covers several established domains and technologies, with the exact definition of what are nanotechnology still being debated.[43] 1.1 Why is nanotechnology important? Nanotechnology is important in many senses. Nanotechnology will certainly change the nature of almost every human made object in the next century and will reshape out interaction with the surrounding world.[44] It covers a multiple fields of science and will create a vital opportunity in the future world. In the view of transformational impact, its a simple fact that it gives us a set of tools that make us enable to transform the world at a far smaller scale than was ever available to us before.[45] Nanotechnology enables us to change the structure of many different fields by giving us opportunity to access a realm where many of the old rules associated with matter apply no more.[46] Nanotechnology attracts a considerable amount of attention because it gives us opportunity to access to radically different capabilities with wide range of materials, even though we have been using those materials for many years. Nanotechnology will give rise to a wealth of new materials and manufacturin g possibilities, which will cause a great impact on our future economy, environment and society. Nest I will address some fields where the application of nanotechnology will have an important impact: Economic Impact: Many economists predict that nanotechnology will be the next economic turning point in the global economy. It may be the issue of every economic sector as it encompasses a large and diverse field. In nearly every economic sector such as health and medicine, materials, computing and electronics, military weapons, environment, energy, transportation and virtually every other commercial sector nanotechnology will play a great role in coming decades considering its numerous fields of applications. Nanotechnology has attracted the worldwide companies vastly. As of 2004, 1500 companies worldwide have declared their plans on nanotechnology research and development and of these 80% were newly startup companies.[47] The U.S. National Science has presumed that the world market for nanotechnology will reach 1 trillion USD or more within 20 years.[48] According to Lux Research, within next ten years nanotechnology applications will affect nearly every type of manufactured goods.[49] The EU recog nized nanotechnology as an important element for the benefit of its citizens. In 2007 the European Commission allocated EUR 600 million for nanotechnology research and development.[50] The former president of the United States, George W. Bush signed the 21st Century Nanotechnology Research and Development Act[51] on December 3, 2004 authorizing approximately $3.7 billion in federal funding for the development and research of nanotechnology over the next four years.[52] According to Mike Honda, California House Representative and co-drafter of the original Nanotechnology Act, the worldwide market for nanotechnology products and services could reach $ 1 trillion by 2015.[53] Nanotechnology in food security, environmental and public health issues: Nanotechnology will have a great impact on food security and environmental issues. In September 2003, the United States Department of Agriculture published its roadmap and in that report the Department predicted that nanotechnology will change the appearance of food industry, changing the way food is produced, processed, packaged, transported and consumed.[54] Helmuth Kaiser Consultancy predicts that the market of nano-food will rise from 2.6 billion USD to 20.4 billion USD by 2010.[55] Nanotechnology is capable of changing the agriculture and food industry with e.g. new tools for the molecular treatment of disease, speedy disease detection, raising the ability of plants to absorb nutrients etc..[56] Intelligent sensors and small delivery systems will help the agricultural industry combat viruses and other crop disease producing agents.[57] There is strong possibility that in the near future nano-structured catalysts will be available which will enhance the competency of pesticides a nd herbicides, allowing lower doses to be used. In CEA (Controlled Environment Agriculture), nano-technological devices providing ‘scouting capabilities could enormously improve the growers ability to determine the suitable time of harvest for the crop.[58] Another important role for nanotechnology-enabled devices will be the increased use of automatic sensors linked into a GPS system for real-time monitoring. These nano-sensors could be fixed throughout the field where they can monitor soil conditions and crop growth.[59] Wireless sensors are already being used in specific parts of the US and Australia. Nanotechnology can help us to improve our understanding of the biology of different crops and thus potentially increase yields or nutritional values.[60] Nanotechnology has also potential to save our environment indirectly through the use of renewable energy supplies, and filters or catalysts to control environment pollution and clean-up existing pollutants.[61] Nanotechnology can also be used to clean ground water. The US Company Argonide uses 2nm diameter aluminum oxide nano-fibres (Nano-cream) as an element of water purifier. This nano-level filtration system helps to remove viruses, bacteria and protozoan cysts from water. Developing countries like India and South Africa are also running similar projects using the same technique.[62] Research at the Centre for Biological and Environmental Nanotechnology (CBEN) has shown that nano-scale iron oxide particles are tremendously effective at binding and removing arsenic from groundwater,[63] which will play a great role especially in the developing countries where environmental pollution is an important factor. The development of nano-technological based remediation techniques can resto re and clean-up environmental injury and pollution (e.g. oil in water or soil).[64] Most of the opposition to nanotechnology has been targeted on the long term risks connected with self-replicating nano-robots. Some environmental groups, e.g. the Action Group On Erosion, Technology and Concentration (ETC) predicts that nano-materials may cause harm to human health and environment. Moreover the group urges to ban the production of nano-materials.[65] Besides these, some experts feel worried about impact of nano-particles in the environment and predict that some nano-elements will also be harmful for the environment and suggest that there must be a risk assessment authority for nano-particles. Nanotechnology in the medical sector: Nanotechnology is a technology which has vast possibilities in the development of health and medical treatment.[66] Medical science has made big advances in understanding the structure and functions of living organisms down to the genetic level. Nanotechnology created the opportunity to apply that knowledge significantly more perfect to the diagnosis and treatment of illness and injuries than in the traditional way.[67] Nanotechnology applications in medicine are growing significant interest, which can be labeled as ‘nano-medicine. ‘Nano-medicine can be defined as the medical application of nanotechnology that will have potential to lead to useful research tools, advanced drug delivery systems and new ways to combat disease or repair injured tissues and cells.[68] The advancement of nano-medicine may result in more significant interventions in respect of illness.[69] Nano-medicine is capable of prevention, early and accurate diagnosis and treatment of different diseases.[ 70] The experts on physical science predict that in future nanotechnology will apply to surgery and to cure different complex diseases in human body. Nanotechnology in military weapons: The first wave of nanotechnology will primarily be used in the military for state security related purposes.[71] Many nanotechnology experts presume that in many states have already taken lots of initiatives in their military sectors and given top priority to research in making nanotechnology weapons and its potentiality at the time of war and other military uses. It should be remembered that the Internet, computer and other land marking inventions of the last century were also military projects and now these inventions have changed the world in every sector and are being used for the welfare of mankind. The ultimate question comes down to whether the good outweigh the bad with respect to the utilization of this technology in this domain.[72] Nanotechnology in Information Technology (IT): Nanotechnology has enough potential for creating faster computers with larger memories than the present transistors and other components permit.[73] Carbon nano-tubes will also be used in IT. These tubes could be either conducting or semiconducting and have the potential for memory and storage as well. By using nanotechnology, computer tools will be cheaper than today and will create a sustainable IT sector. Without doubt nanotechnology will vastly affect the IT sector in the future. 1.2 EU policy for nanotechnology: Presently nanotechnologies strengthen many useful and practical applications and have huge possibilities to improve the quality of life and protection of environment and accelerate Europes industrial competition.[74] The European Commission has taken several steps to take nanotechnology research benefits for the development of the EU[75]. The EU is proceeding toward a collective and correlated strategy for nanotechnology research and development.[76] The Commission has not yet adopted any broad and specific public policy for nanotechnology but has adopted a strategy plan for the allocation of significant resources for supporting nanotechnology research and development.[77] But this strategy has yet not been turned into any formal legislation and/or regulation.[78] On June 7, 2005 the European Commission passed an Action Plan for the implementation of a strategy for European nano-science and nanotechnology development.[79] This action plan is not obligatory by law and in apparently it is simply a declaration and a step towards regulating nanotechnology further. In this action plan, the importance of research and examining the future impact of nano-science and nanotechnology is emphasised. The Commission have divided the Action Plan into five steps: Promote RD in the Europe: In this phase, the Commission recognized that by collaborating with public and private sectors across Europe for the research and development of nanotechnology, an interdisciplinary initiative is necessary. In 2007-2008, the Commission invested EUR 2.5 billion under the Research Framework Programme and before that in 2003-2006 EUR 1.4 billion had been invested.[80] As nanotechnologies have multidisciplinary character, the Research and Development (RD) projects have taken in different industrial sectors such as health, food, energy, transport, environment, etc.[81] Frame a base of European â€Å"Poles of Excellence†: This phases main aim is to build up poles of excellence into present structures for establishing highly-presentable world class poles in the area of nanotechnology by providing necessary services to the research community.[82] State of art equipment and instrumentation is day by day a challenge for the development of nanotechnology and to establish whether RD is enabling to transform into capable of being wealth rendering product and process.[83] The Commission is giving support continuously by funding access to present facilities and creating new facilities, which have led to ‘durable integration in the form of new institutes and virtual infrastructure such as the European Theoretical Spectroscopy Facility (ETSF).[84] Investing in human resources: The purpose of this axis is to conforming European educational system to the specifies of nanotechnology in the higher level studies which also cover legal technical subjects such as patenting nanotechnology and encourage the young people in the EU to nanotech studies and research.[85] Actually the development of nanotechnology mainly depends upon the skilled manpower and interdisciplinary actions. The main aim of this phase is to transform the nanotech knowledge from academy to industry.[86] Patronizing the transformation of knowledge into Industrial Applications: In this phase the Commissions strategy and its Action Plan pointed to two issues connected to IP: Patents and Standardization.[87] In respect of patents, the Commissions Action Plan advocates to establish a patent monitoring system for nanotechnology and to harmonize the patent prosecution system especially ‘sufficiency of disclosure and ‘inventive step, (which are crucial in case of nanotechnology patents) among the leading patent offices in the world such as the European Patent Office (EPO), the US Patent and Trademarks Office (USPTO) and the Japan Patent Office.[88] Concerning standardization, the Commission encourages pre-normative research and development in combined actions with the activities of European Standard Bodies.[89] Integrate the Social Dimension: The purpose of this phase is to recall an EU strategy about ethical principles in respect of health, safety and environmental aspects in the development of nanotechnology and making a transparent approach by open dialogues with E.U. citizens and stakeholders.[90] The Commission has taken several actions to reflect the peoples expectations and take their views into account.[91] In February 2008, EC passed a recommendation of ‘Code of conduct for responsible nano-science and nano-technologies research which gives guidelines towards a responsible and open approach.[92] Every proposal considered for funding by the Commission must meet the requirements of ethical issues.[93] The Commission is also giving efforts to increase researchers awareness to the Code of Conduct on nanotechnology research. Actually the Commission seeks the nanotechnology research to reflect and comply with the basic ethical values described in the core European Agreements such as ‘the European Charter of Fundamental Rights. 2.0 Relationship between Nanotechnology and IP: IPRs play a significance role in the development of new technologies. IPRs are essential in the present technology-driven age.[94] For an international perspective, nanotechnology is presently one of the most effective new technologies, in terms of number of patent applications.[95] Moreover, competitors in the nascent nanotechnology industries employ trade secrets legislation to supplement their control over key technology and expertise. In spite of being less directly involved in the nanotechnology industry, copyright and trademark legislation are also affect competitors in nanotechnology markets as the companies use computer software for nanotechnology research and development. Moreover, companies are also active to give their products commercial identification and trademark is playing a great role in that respect. IP law yields the primary regulatory vehicle by which ownership, control and use of nanotechnology are managed. The basic purpose of IP law is to facilitate for creators or inventors and encourage continuation of further development and creation. Thus IP law plays an influential role in a new and highly divergent functioning field of research and development like nanotechnology.[96] IP law also plays an important role in the integration of nanotechnology development into commercial applications.[97] The next part investigates how nanotechnology is related to IPRs. Patent: Patent law give legal rights to inventors. For a patent right to be granted certain criteria should be fulfilled such as eligible subject matter, inventive step, novelty and usefulness or industrial application and lastly sufficient disclosure and description.[98] Patents are important to protect small, emerging technology business.[99] Most business enterprises need a quantity of patent portfolio as insurance towards their already risky investment.[100] These criteria are not technology specific and thus should also be fulfilled in case of nanotechnology inventions. As much of the research in nanotechnology has been conducted through multidisciplinary fields, it may challenge the present patent system. For an example, as its a newly adopted technology in the field of science the patent examiner may grant broad patent rights to the inventor which in the future may cause a great barrier in the development of nanotechnology and society may be deprived from the benefits of nanot echnology. Copyright: Copyright law protects original expressions of ideas of literary and artistic works but not for the ideas themselves.[101] The main key of copyright is the ‘originality of authorship.[102] The issues of copyright are mostly likely to arise in respect of nanotechnology regarding computer software programs which is likely to be used for nanotechnology research and development.[103] Trademarks: Trademark rights protect words, logos and any other type of commercial identifiers.[104] These marks help the public to identify the respective products or services of a company. It also helps customers from not being misled by deceptive use of marks. As many nanotechnology related companies will come into the market, trademarks will play an important role to identify the different company and their products which is most crucial for investment of a company. Trademarks also indicate the goodwill of the company. Trade Secrets: Trade secrets can be defined as ‘confidential information or knowledge which is not widely known and gives competitive advantages to its owner. Companies may be more interested to keep some information or know-how of their products as trade secrets because under patent law after the expiry of the protection period the product will come into public domain. For trade secrets there is no time limit and business advantages may come from by using trade secret protection wisely, or a combination of patents and trade secrets. The use of different forms of IP offers different options for developers of nanotechnology. While nanotechnology industry is highly patent oriented the possibility of vast legal battles over nanotechnology patents in the future is likely to be happen. It also should be kept in mind that aggressive assertion of IPRs can create obstacles in important research of nanotechnology.[105] Patent busting, generics, technical standards and open sources are a few of the leading examples of critical IP challenges to all technology, including nanotechnology.[106] The challenges of IPR management of nanotechnology are not only for the ownership of IP but also the possibility of huge economic value from nanotechnology. 3.0 Patentability of Nanotechnology-European Aspect: The recent advancement of industrial research and development in the nanotechnology field is a worldwide phenomenon. Since last few years national and international governmental authorities, research institutes and industrial companies have increasingly aware of nanotechnology as a driving force for innovation in different fields including chemistry, material science, biotechnology and electronics.[107] For nanotechnology, patents are the most used and by far most important form of IP.[108] Nanotechnology is incomparably among the most patentable technologies, in that it is exceptional in attributes and nascent.[109] The main attraction in nanotechnology patenting is not only its size but also its ‘unique cross-industry pattern. Nanotechnology is exceptional compared with other technologies because it does not originates in a single branch of science like biotechnology, information technology etc.[110] The main characteristic of nanotechnology is its size. Surprisingly this is nearly the first new field in almost a century in which basic ideas, i.e. ‘the basic building block was patented at the beginning.[111] Patent rights give the rights holder an opportunity to gain economic and other related profits for a certain period as a reward for the invention. In case of nanotech research and invention there is a need for huge long term investments thus patent rights play a substantial role to recoup the investment of a company. Without a clear and sound patent regulatory system, large companies will be reluctant to invest in the field of nanotechnology and the development of nanotechnology invention will be hampered. Its no doubt that the rapid growth of nanotechnology will result a multiple field of application and jurisdiction and obviously will create a legal challenge in future IP regimes. The most basic issue is that whether nanotech inventions are patentable or not? In this chapter the ‘patentability of nanotechnology will be discussed in the light of European legal instruments and the WTO TRIPS Agreement. All inventions are not patentable. A patentable subject matter might not be (a) an abstract idea; (b) laws of nature; and (c) physical phenomena.[112] As mentioned, to qualify the patentability of an invention certain conditions must be satisfied. i) patent eligible subject matter; ii) utility; iii) novelty; iv) non-obviousness; and v) sufficient disclosure. In addition to the already mentioned patentability criteria, the claims have to be clear, brief and must be supported by the description.[113] The application of the inventions requires disclosing the invention is such a way as a whole that a person skilled in the art is being capable to carry out the invention.[114] There are not separate patentability rules for nanotech inventions. Thus any patent connected with the nano-field must fulfill the general requirements of patentability.[115] 3.1 Procedures at the European Patent Office: In Europe, an applicant can file a patent application either in the national patent office or in the Europe

Shake Down the Thunder: The Creation of Notre Dame Football :: essays research papers fc

  Ã‚  Ã‚  Ã‚  Ã‚  For as long as I can remember I have been a Notre Dame football fan. My father is to credit for getting me into it. He brought us to South Bend a couple of time for some games and I was just amazed by the campus and the history of the football program, so it was no surprise that I chose this particular book. Shake Down The Thunder: The Creation of Notre Dame Football was written by a man named Murray Sperber who was a sports writer interested on why fans were so into college football. Because of his interest Sperber decided to go around the country to certain college campuses to do research on this. He started with the University of Notre Dame because he was aware of the history and the passion of their football program, he was also aware of the appreciation Notre Dame had from their fans. This book deals with they history of Notre Dame football including the nation championships, the players, the coaches, and the program itself. It explains exactly what happened thought out its history, the reality behind the myths so to speak. Notre Dame was very kind to Murray Sperber in that he was given many privileges that other authors of books regarding Notre Dame football were deprived of. These privileges allowed Sperber to do research on Notre Dame from a different point of view and in his research he found documents that jumpstarted his interest to actually write this fantastic book. Sperber found the actual letters that Knute Rockne wrote to different people, which contained a lot of unknown information about Notre Dame football. These letters were found in the basement of the library and were unopened; apparently they had been hidden there since his death. Theses letter gave Sperber a side of Notre Dame football that no one has ever seen. As I said before, this book deals with the beginning of Notre Dame football and in a time of anti-Catholicism, helped people become more accustom to this religion. It reveals the real personalities of some of the most well known people affiliated with Notre Dame, including Jesse Harper, George Gipp, Father John O'Hara, Elmer Layden, Frank Leahy, and Grantland Rice, but most of all Kute Rockne was at the center of everything. The book gave Knute Rockne all of the credit for making Notre Dame football what it is today.

Government Spying Essay

Austin Bryan Period-1 http://www.globalsecurity.org/intell/library/news/2006/intell-060101-voa01.htm In some instances, governments believe that it is okay to spy on their citizens in order to preserve their freedom. I personally find this concept to be absurd. Living in a country that’s history is founded upon freedom of its citizens, and escaping oppression of tyrant governments, leaves me very skeptical on this concept. I believe that if the government is spying on its citizens it is actually taking away their freedom rather than preserving it. Living in an era of increasing technology has made it much easier for a government to spy on its citizens. Because of this, it has become a problem in many places around the world. Think about back in elementary school when you had pen pals from other countries. How would you feel if the government was able to intrude on your personal life just because you made contact abroad? For us in America, a government spying on its citizens sounds pretty crazy right? In 2006 president Bush did just that by enabling a â€Å"Government Phone Tap†. President Bush thought in order to preserve citizen’s freedoms that is was justified to tap into people’s phones and emails. The only people that were supposed to be the recipients of phone tapings where those who were making calls abroad, particularly to suspected al-Qaida connections. Not only is this a complete violation of peoples constitutional rights and privacy, but Bush also neglected the need for a warrant in this instance. To this day many immigrants from other countries come to America seeking asylum from oppressive governments. America is supposed to be a safe haven where people’s rights and privacy are protected under the constitution. Acts of government espionage upon its own citizens like this are completely unacceptable. I believe that the only way from a government to protect its citizen’s freedom is to respect everyone’s freedom regardless of circumstances.

Smith Consulting Software Essay Example

Smith Consulting Software Essay Example Smith Consulting Software Essay Smith Consulting Software Essay System Analysis of Smith Consulting System Documentation BSA/385 Contents Abstract3 System Analysis of Smith Consulting System Documentation4 Introduction4 Customer Engagement Approach4 Software Development Processes and Procedures4 Quality Assurance Processes and Procedures6 Testing Procedures7 Developer Testing8 Reliability9 Accuracy9 Developer Performance Testing10 Developer Fault Testing10 User Acceptance Reliability11 User Acceptance Accuracy11 User Acceptance Fault Tolerance11 Test System Infrastructure15 Hardware/Software Capabilities15 Formal Program Specifications Format15 Conclusion16 Attachments18 Abstract The LTA (Learning Team A) group has been asked to define, develop, and propose standards for a software testing environment at Smith Consulting. The LTA group will review several aspects of the system documentation currently being used by Smith Consulting and provide proposed solutions for each of the areas defined in this document. System Analysis of Smith Consulting System Documentation Introduction Smith Consulting (Smith) has tasked LTA (Learning Team A) with developing standardized project approach and testing procedures so that prospective clients are confident that Smith is performing their contractual obligations efficiently. These procedures will be generalized so that they can be applied to any project that Smith takes on and have sufficient documentation so that the procedures are correctly applied to each project. This ensures that Smith has repeatable processes in place and can put more resources towards completing the project rather than developing the procedures to complete the project. Customer Engagement Approach Smith is dedicated to the long-term success of the project. Smith does not approach the projects as a system to be designed and left with the client to manage. Smith offers flexible management terms from support to full-time maintenance of any application Smith designs, ensuring that our dedication to service extends through the life of the product. Smith also strives to help every end-user, helping them to fully understand and embrace the new technology. Smith understands the challenges end-users face when moving to new technology, and we want every employee to be comfortable using the system. Software Development Processes and Procedures Smith realizes that there may not be one clear-cut solution for all software development projects and seeks to use a process that takes into account as many variables as possible when developing new software. This means that Smith will first need to determine the needs for the company. The first step in this process is to identify the stakeholders and develop a project timeline and budget. These factors will help drive the project toward the estimated completion date. The stakeholders will include members of Smith so that the project is kept manageable and realistic as far as time of completion and resources needed. The next step is creating an analysis team to work with the various stakeholders to understand what the company needs the new system to do. As the analysis is completed a more formalized design will be presented to the same stakeholders in the form of a data flow diagram to ensure that all the needs are being met. At this time the stakeholders will have the ability to present changes as part of the change ontrol process described as part of the Smith quality assurance processes. Smith will also implement additional design methods as required by the specific needs of a project. These methods include the use of new models, tools, and techniques in order to fully understand the system requirements. It may be necessary to bring in third-party vendors to provide and use the tools that these methods require. These vendors will be subject to a procurement process as indicated in the contract for the project and are subject to a determination of need by the stakeholders. The next step is for a finalized data flow diagram to be presented to a design team who will then analyze and determine the best approach for implementing the design. This will include determination of a tool, and the solicitation of vendors to provide the tool as needed. The stakeholders will again be consulted before any final determinations are made. Once a tool or vendor is determined the design team will work on implementing the design. The design will be implemented as part of the project plan timeline and Smith will provide developer testing in addition to end-user acceptance testing. This ensures that the final product matches the goals of the system as laid out in the project plan. Once acceptance testing is completed the system will be implemented and the system will enter its training phase as indicated in the project plan. After full implementation, the system will enter the maintenance phase. Depending on the term of the contract, Smith will be involved in the maintenance phase of the system through its live cycle. All contracts include phone support for as-designed elements of the system. Quality Assurance Processes and Procedures Smith is dedicated to providing quality of the highest level in all its services to its clients. This quality is ensured through the use of tools put in place at the beginning of the project. The most important tool in use is the project manager. All of Smith’s project managers are qualified, experienced managers who take a hands-on approach to ensuring that a project stays on the timeline and within the budget. This includes weekly updates to shareholders as well as daily stand up meetings to ensure that everyone is on track and there are no concerns to delay the project. Any concerns are immediately made known and the manager will do his or her best to provide more resources to address the problem with minimal effects to the project plan. To ensure that the project is kept within scope, a strict change control process will be used to determine what parts of the project will be able to be changed and when. This can be different for every project; Smith approaches each project plan in a similar fashion, including setting priority, and secondary goals. The stakeholders have the ability to define these goals during the analysis phase as well as a say in the change control process. Primary goals are strictly followed and changes are made to these goals only when the outcome of the project is in jeopardy. Secondary goals are more flexible and their change control process is not as severe; however the process is strictly adhered to. This adherence to the change control process ensures that the project is a success and not dependent on the success or failure of individual parts. Testing Procedures For each level of testing that takes place, Smith will develop charts detailing the testing step to be performed, an example of the chart is shown in example 1. This chart includes sections to identify what is being tested (Actor), what is being done (Action) and a description of the testing task. In addition, a secondary chart will be provided that details each step to be performed to complete the test case in question. Actor| Action| Description| Customer/Employee/Etc. | Click Button 1| Button 1 starts the applications and takes the user to the login, etc. | Customer/Employee/Etc. | Click Button 2| Button 2 logs the current user into the system| Continue†¦| | | Step| Step Expected Result| 1. Launch Application/Etc. Application window should open and prompt user for credentials, etc. | 2. Login/Etc. | User should be logged into application and appropriate menu items should be shown based on user’s security level, etc. | Continue†¦| | Figure 1 – Sample Software Capability Testing Diagrams An additional process flow that will be followed by Smith engineers is to chart the process flow for all testing for easy review by clients and engineering staff. The format of the process flow is shown in Figure 2. Figure 2 – Sample Testing Data Flow Diagram Developer Testing Smith requires its developers to perform testing on each piece of a project that they are responsible for working on. Each of these tests ensures that the software is ready for the next step in the process, whether that is integration with other pieces or implementation. The developers are required to ensure that the testing covers reliability, accuracy, fault tolerance and performance as required by the architecture design documentation for the project. Reliability Reliability testing is important to ensure that the system is capable of handling input and output in all situations it is likely to encounter during use. This includes programming for proper error handling should a user input unexpected data, as well as for handling exceptions on the data output. Developers use the architecture document to control the input and output and use exception handling to notify the user that something has gone wrong without passing the bad data along to the next process. In order to test reliability developers will purposefully input bad data and the system is required to handle it correctly. The developers are required to check not only that the errors are thrown properly, but that they are informative and the bad data are not output. Accuracy Accuracy testing is important because the input must be received, stored, transformed and output correctly. Any failure in any of these steps will affect the accuracy of the system. Developers must develop algorithms to transform the data properly so that the output is as expected. Since system algorithms can be achieved in multiple ways that achieve the same results, it is important that the accuracy is tested as often as possible. Developers are required to develop and input use cases to ensure the data are being output as required. If the output is not what is expected the developers can roubleshoot and track down the problem and run the use cases again. The system architecture document will detail the results needs, but developers often must use creativity to develop a solution to match the requirements. Accuracy testing at the developer stage is a key step for accuracy in the implemented system. Developer Performance Testing Performance testing must be performed during the development phase to ensure that the system does not have any resource or application issues prior to deliver to the customer and conforms to the stated needs of the customer. At Smith performance testing is performed during unit testing and during integration testing. With unit performance testing the developer is able to identify issues easier than during integration testing. During the integration testing phase any module interaction that was not able to be identified during unit testing will be tested. Performance testing includes the development of test cases that test each module within the client application, if resources are required such as network connectivity or file I/O then these systems will also be tested. The expected results of performance testing will be defined during the system analysis phase and will be approved by the client as acceptable criteria. Developer Fault Testing Developer fault testing is a technique used by Smith to inject errors into the software/hardware project to test the capability of the system to handle the errors in expected ways. This method of testing aids developers in the identification of the inability of the application to respond to system conditions that are expected during the normal use of the product. By using fault testing the developers can include processes that respond to these error conditions in a meaningful way. User Acceptance Reliability Like developer reliability testing, user acceptance testing for reliability is important to ensure that the system will reliably handle inputs and outputs. In UAT, test cases will be provided to selected users from the customer’s side. These test cases will allow users to test inputting information into the system so the software can demonstrate that it is capable of handling various types of input by executing on it properly. The UAT will allow the customer to provide feedback to Smith on the test cases and anything that did not perform as expected so that Smith can make any modifications to the system. In the event that Smith has to make any changes, UAT will begin again after the system has been adjusted. User Acceptance Accuracy User acceptance testing for accuracy will provide users with tests to ensure that the system is capable of handling inputs, loading, processing, storage, and outputs accurately. These tests should be consistent with the original testing that took place in the development of the algorithms to ensure that the expected results are produced by the system to the degree of accuracy that is required by the application. All calculations that the system needs to be able to perform should be tested in the UAT to demonstrate to the customer that the system is capable of handling the calculations correctly. This is the chance for the customer to fully test the system and provide any feedback to Smith. The user tests will be developed to demonstrate the full capabilities of the system. User Acceptance Fault Tolerance Once the software has been designed and implemented, the end-user’s who will utilize the software will be able to test the software’s performance (User Acceptance Testing, 2010). Allowing the end-user’s to test the software will allow IT personnel to make any changes and fix bugs that may cause future errors. All though much software may not be productive due to errors, Smith depends on test results and test reports to ensure errors are fixed and errors in the system are debugged. Below are a few tools that are used for user acceptance testing and fault tolerance: * Test Results and Error Reports User Acceptance Sign-off (Figure 3) * Production Systems * Final Installation Procedures and Instructions * Final Documentation and Training Materials * Project Plan * Methodology Compliance Form (User Acceptance Testing, 2010) (Figure 4). Smith will use these tools to ensure the User-Interface is accurate and ready for deployment. Figures 3 and 4 are sample templates fo r some of the tools used. Figure 3 – User Acceptance Sign-Off Sheet Figure 4 Methodology Compliance Form Test System Infrastructure Hardware/Software Capabilities Smith uses QuickTest Professional 10. (QuickTest) software to perform testing on all of its software projects. The software is an automated testing environment that uses testing scripts to regression test all parts of a new software product. These testing scripts are created by a developer and ensure that as new items are added, the previously tested items maintain their same functionality. Since the testing scripts are setup in a GUI environment that uses capture technology to generate them directly from the software environment that is being tested, the time required to create them is minimal and the expected results are easy to predict (HP, 2007). This ease of use helps control the testing timeline so that the projects stay on track. In addition, QuickTest provides customizable reports about errors that can include screenshots and other information to make it easier for developer to recreate the errors so they can be resolved (HP, 2007). Smith maintains separate testing hardware to handle its testing needs. This environment utilizes quad-core Intel processors running Windows Vista and equipped with maximum memory capabilities so that the testing can run as quickly as possible. The separate environment ensures that the testing can run simultaneous to the development whenever possible so that the timeline set up for any project can be strictly adhered to. Formal Program Specifications Format The format of the specifications that will be used by the software engineers at Smith will is detailed in the attachment named: System Requirements Specification. This specification includes a complete description of the requirements of the system to be built. Detailed instructions are included to aid developers in the definition of the requirements and what will be one to satisfy that requirement. Conclusion Smith Consulting takes pride in providing professional development of systems for our clients. Having the processes and requirements in place as outlined in this document such as our quality assurance processes and our developer and user acceptance testing ensures that the systems that Smith Consulting builds remain in scope with the project plan and within budget. Our processes also help to ensure that the client and key stakeholders are engaged throughout the development lifecycle. References Everett, G. D. amp; McLeod, Jr. , R. (2007). Software Testing. Retrieved February 27, 2010, from University of Phoenix eCampus, Entire eBook. BSA385 – Introduction to Software Engineering. Frenzel, C. W. , amp; Frenel, J. C. (2004). Management of Information Technology, 4E. Retrieved February 14, 2010, from University of Phoenix eCampus, Entire eBook. BSA385 – Introduction to Software Engineering. Hewlett-Packard Development Company, L. P. (2007). HP QuickTest Professional software Data sheet. Retrieved March 5, 2010, from https://h10078. www1. p. com/cda/hpdc/navigation. do? action=downloadPDFamp;caid=3885amp;cp=54_4000_100amp;zn=btoamp;filename=4AA1-2116ENW. pdf Hewlett-Packard Development Company, L. P. (2010). HP QuickTest Professional software System Requirements. Retrieved March 5, 2010 from https://h10078. www1. hp. com/cda/hpms/display/main/hpms_content. jsp? zn=btoamp;cp=1-11-127-24^9674_4000_100__ Attachments Purpose: The System Requirements Specification (SRS ) is a complete description of the requirements of the system to be built. It is derived from Customer Requirements. It covers all the business functions, inputs, outputs, and system interfaces of the proposed project, and answers these questions: * What is the system or software supposed to do (from the customer’s point of view)? * What users, system hardware, other hardware, and other software does the system interact with? * What are the performance requirements, such as speed, recovery, and capacity? * What are any constraints on design? Scope: The System Requirements Specification must be completed for any systems development project. Instructions: Identify instructions for using the template. 1. Prior to releasing remove this template cover page. This is part of the template not part of the finished document. 2. Angle brackets (lt; gt;) indicate information to be input for specific project. Remove angle brackets (lt; gt;) when information is entered. 3. Template sections which do not apply to the system can be labeled as â€Å"Do not Apply† or removed from the document as long as the base requirement of information listed above has been recorded. 4. Template instructions are italicized and should be removed from the document. 5. Open the header/footer and update the appropriate information to the header. No information needs to be updated in the footer – this will occur automatically each time the file is closed. * lt;Project Namegt; System Requirements Specification Rev lt;1. 0, 1. x, 2. 0,gt; Revision # of document. Use 0. 1 thru 0. 9 for pre-approval drafts. Use 1. 0 thru 9. 9 for approved copies. lt;Dategt; Date of revision Prepared by: lt;Authorgt; * Approvers lt;Include a place for, and acquire approval by all critical project stakeholders, as required by the Software Development Guidelines. More approvals may be included as deemed appropriate. gt; The following â€Å"Approvers† are responsible for reviewing this System Requirements Specification and agree with the project’s requirements. The approvers understand and will support the responsibilities described herein for their organization. Note: Approver signatures are captured electronically in the Electronic Qualification Document Management System (EQDMS). lt;Namegt;| | Project Lead| | lt;Namegt;| | | | lt;Namegt;| | lt;other reviewergt;| | lt;Namegt;| | lt;Key Stakeholder #1gt;lt;lt;Titlegt;gt;| | lt;Namegt;| | lt;Key Stakeholder #2gt;lt;lt;Titlegt;gt;| | | | | Document History Date Revised| Version No. | Author| Reason for changes| | | | | | | | | | | | | | | | | | | | | Introduction7 Purpose7 Scope7 Definitions, Acronyms, and Abbreviations7 References7 Overview7 Overall Description7 System Perspective7 System Requirements7 System Interfaces8 User Interfaces8 Hardware Interfaces8 Software Interfaces8 Communications Interfaces8 Memory Constraints8 Operations8 Site Adaptation Requirements8 System Functions9 User Characteristics9 Constraints9 Assumptions and Dependencies9 Apportioning of Requirements9 Functional Requirements9 Performance Requirements9 Logical Database Requirements10 Design Constraints10 Standard Compliance10 Software System Attributes10 Supporting Information10 Introduction Purpose The SRS identifies all of the system requirements. The system requirements are derived from customer requirements as well as perceived customer needs and specific local and regulatory requirements. The SRS identifies all the system requirements sufficient for the developers to develop a system which meets customer expectations. In addition, the SRS provides sufficient detail for complete system validation. The audience is the entire project team and customer/sponsor representatives. Scope lt;Identify the software product(s) to be produced by name, explain what the software product will and will not do, include relevant benefits, objectives, and goals of the softwaregt; Definitions, Acronyms, and Abbreviations lt;Define all terms, acronyms, and abbreviationsgt; References lt;Provide a complete list of all documents referenced elsewhere in this document, identify each document by title, date, and publishing organization, specify the sources from which the reference to an appendix or another documentgt; Overview lt;Describe what the SRS contains and explain how the SRS is organizedgt; Overall Description System Perspective lt;Describe whether the system is totally self-contained or has interactions with other systems within or outside of its environment, a block diagram can be added here to show interconnections with other systems and requirements related to overall systemsgt; System Requ irements lt;The purpose of this section is to describe all of the software requirements to a level of detail sufficient to enable designers to design a system to satisfy those requirements and QA testers to test that the system satisfies those requirements. As a minimum, every requirement should include a description of every input/stimulus into the system and every output/response from the system, and all functions performed by the system in response to an input or in support of an output. gt; lt;The following sub-sections 3. 1 – 3. 15 identify different requirements categories. It is unlikely that every project will have requirements in each category. It is not necessary to identify requirements in each category, they are provided only as guidance to insure that each type of requirement is considered. All requirements should be listed in section 3 and each requirement should be uniquely numbered. gt; System Interfaces lt;List each system interface and identify the functionality of the software to accomplish the system requirement and the interface description to match the systemgt; * User Interfaces lt;Specify the logical interface between the software product and its users, including configuration characteristics such as required screen formats, page or window layouts, content of reports or menus, or availability of programmable function keys necessary to accomplish the software requirements. Specify the aspects of optimizing the interface with the person(s) who must use the system, an example would be constructing a list of do’s and don’ts on how the system will appear to the usergt;. * Hardware Interfaces lt;Specify the logical characteristics of each interface between the software product and the hardware components of the system. This includes configuration characteristics, supported devices/how they will be supported (full-screen vs. line-by-line support for a terminal for example), and protocolsgt;. * Software Interfaces lt;Describe the use of other required software products and interfaces with other application systems. Describe the purpose of the interfacing software, and the definition of interface in terms of message content and format. Reference the documents(s) defining the interface(s). Include name, mnemonic, specification number, version number, and source for each required software productgt;. * Communications Interfaces lt;Specify the vario us interfaces to communications such as local network protocols, etc. gt; Memory Constraints lt;Specify any applicable characteristics and limits on primary and secondary memory. gt; Operations lt;List the following if not already listed in the User Interface section above: the various modes of operations in the user organization (user initiated operation), periods of interactive operations and periods of unattended operations, data processing support functions, and backup and recovery operations. gt; Site Adaptation Requirements lt;Define the requirements for any data or initialization sequences that are specific to a given site, mission, or operational mode (grid values, safety limits, etc. , and the site or mission-related features that should be modified to adapt the software to a particular installation. System Functions lt;Provide a summary of the major functions that the software will perform. The functions should be organized in a way that makes the list of functions understandable to the customer or to anyone else reading the document for the first time. Graphics can be used to show the different functions and their relationships, and the logical relationships among variables. gt; User Characteristics lt;Describe the most general characteristics of the intended users of the product including educational level, experience, and technical expertise. gt; Constraints lt;Describe any items that will limit the developer’s options such as regulatory policies, hardware limitations, interfaces to other applications, parallel operation, audit functions, control functions, higher is the availability of an operating system on a specific hardware environment that is designated for the software product. gt; Apportioning of Requirements lt;Identify requirements that may be delayed until f uture versions of the system. gt; Functional Requirements lt;Describe the fundamental actions that must take place in the software in accepting and processing the inputs and in processing and generating the outputs. Examples are validity checks on the inputs, exact sequence of operations, responses to abnormal situations, effect of parameters, and relationship of outputs to inputs, including input/output sequences and formulas for input to output conversion. Partition the functional requirements into sub functions as necessary. gt; Performance Requirements lt;List requirements in measurable terms related to the following: * -Static numerical requirements: such as the number of terminals to be supported, the number of simultaneous users to be supported, and amount and type of information to be handled, and * -Dynamic numerical requirements: such as the number of transactions and tasks and the amount of data to be processed within certain time periods for both normal and peak workload conditions. gt; Logical Database Requirements lt;Specify the logical requirements for any information that is to be placed into a database such as types of information used by various functions, frequency of use, accessing capabilities, data entities and their relationships, integrity constraints, and data retention requirements. gt; Design Constraints lt;Specify design constraints that can be imposed by other standards, hardware limitations, etc. gt; Standar d Compliance lt;Specify requirements derived from existing standards or regulationsgt; Software System Attributes lt;Describe other software attributes that can serve as requirements such as factors required to establish reliability, availability, security,