Direct And Indirect Infringement

Question 1

Three essential elements to a patent infringement

Answer 1

(A) Has a third party used the invention
(B) In a legally relevant way
(C) Without authorization or statutory exemption

Question 2

Literal patent infringement

Answer 2

All the features of the claim have been reproduced by the infringer. In Europe, this is not the only option.

Question 3

Theory of equivalents

Answer 3

Provides for a larger scale of protection than a literal reading. The theory ensures that patent protection is not hollow as it allows the proprietor of a patent to protect their monopoly against immaterial modifications, preventing minor modifications to the invention to be claimed as something novel.

Question 4

Purpose of indirect infringement

Answer 4

Allows patentees to act against suppliers of goods that are not themselves infringing, but that are used to infringe a patent. It provides a remedy for acts occurring prior to an act of direct infringement, which could lead to expensive litigation and the loss of reputation for people using patents without authorisation. Indirect infringement causes damage to the individual that spent money and time registering and protecting the patent.

Question 5

Partial infringement

Answer 5

Completely omitted feature of patent rather than replacement as with theory of equivalents.

Question 6

Equivalent and partial infringements are

Answer 6

Still examples of direct patent infringement as they use the ‘essence’ of the invention

Question 7

In Europe, majority of countries use the same criteria of indirect infringement.

Answer 7

(a) A third party, not having the owner’s consent,
(b) supplies or offers to supply a person not authorised to use the invention
(c) within the territory where the patent is protected
(d) with means relating to an essential element of that invention, for putting it into effect in the territory,
(e) when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.

Question 8

What does indirect infringement usually equate to

Answer 8

it may be prohibited to supply a component of the protected invention if the suppliers knows or should know that the buyers will use the component to put the invention into effect