FD4 notes Flashcards

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1
Q

comprising

A

comprising = having the following features but may include others (Virgin) [only once]

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2
Q

consisting of

A

consisting of = only the following features, no others (Virgin) [only once]

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3
Q

characterised in that

A

characterised in that = wherein (Virgin) [only once, note that pre-characterising portion refers to the prior art, but only if closest prior art is mentioned in the patent)

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4
Q
A

look for functional definitions
items /methods are within claim scope, they don’t per se infringe
drawings can be relied upon for relative dimensions, but not absolute

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5
Q

rounding errors (90-135 = 89.5 - 135.5)

A

Smith & Nephew vs Convatec

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6
Q

Application of pozzoli for FD4

A
  • who is the person skilled in the art, what is their relevant CGK?
    Skilled person is … Because []
    Relevant CGK includes … because []
  • what is the inventive concept in the claim?
    Inventive concept is … because []
    Achieved by … because []
  • what are the differences between cited state of the art and the inventive concept?
    State of the art is … because []
    Differences are that (does not achieve inventive concept) because does not include (features of claim), instead includes (alternative features) because []
  • would the differences have been obvious to the skilled person?
    Would have to replace (alternatives) with (features of claim)
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7
Q

Enforcement

A
  • Act ASAP
  • Patent in force, may commence litigation immediately
  • Sue immediately with application to amend (s75)
  • Notice to infringer, threats
  • Test Purchase
  • Interim Injunction
  • Damages from publication
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8
Q

Amendments

A
  • S75 (may take immediate action but less flexible)
  • S27
  • EPO central limitation / S27 / S75
  • Licensee Impact
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9
Q

Defence to infringement

A
  • Secret Prior Use
  • Opposition, IPO Opinion (provides leverage for negotiation)
  • Prior art search
  • Declaration non-infringement
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10
Q

Negotiation

A
  • Appropriate?
  • Likelihood of success
  • Cross-license
  • Product / Field Split
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11
Q

Sections of Conclusion

A
  • Summary
  • Amendment to avoid partial invalidity
  • Sufficiency
  • Address Letter
  • Enforcement and Defence
  • Negotiation
  • Other
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12
Q

Other Issues

A
  • Renewals
  • Family Members
  • New Applications
  • Licence Recorded
  • Contracts in writing, request copies
  • Priority Claims
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