Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

IP > Patent > Flashcards

Patent Flashcards

1
Q

Analysis for patent claim

A
  1. is the patent valid?
  2. is there infringement?
  3. relief
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Patentable subject matter

A

process, machine, manufacture, composition of matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

unpatentable subject matter (judicially created exceptions) (3)

A

abstract ideas, laws of nature, natural phenomena

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Graham test for non-obviousness (3)

A
  1. scope and content of prior art
  2. differences between prior art and claims at issue
  3. level of ordinary skill in the art
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Prior art for 1952 act & geographic limits (3)

A
  1. patented (US or foreign)
  2. described in printed publication (US or foreign)
  3. in public use or sale (US only)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

prior art for AIA (3)

A
  1. patent
  2. printed publication
  3. public use/on sale
    no geographic limit
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

secondary considerations for nonobviousness (7)

A
  1. commercial success
  2. long-felt need, failure by others
  3. awards/praise
  4. skepticism/teaching away
  5. licensing activity
  6. copying by others
  7. near simultaneous invention
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Alice/Mayo framework used for patent-ineligible claims (2)

A
  1. Is it a patent ineligible idea/concept
  2. do the additional elements of the claim contain an inventive concept sufficient to transform the ineligible object into a patent-eligible invention?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Claim construction - markman hearing evidence

A
  1. intrinsic evidence - claims, specification, prosecution history
  2. extrinsic evidence - testimony of inventor/expert/patent attorney, dictionary, treatise
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

direct infringement definition

A

makes, uses, offers to sell, or sells within US or imports into US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

two step framework for direct infringement

A
  1. construe claim language
  2. compare accused product/process to claim using every element rule
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

triple identity test

A

the infringing product must perform (1)substantially the same function (2) in substantially the same way to (3) obtain substantially the same result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

ebay test for injunctions

A
  1. irreparable injury to patentee
  2. inadequate remedy at law
  3. balance of hardships favors patentee
  4. public interest would not be disserved by injunction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

lost profits factors - panduit (4)

A
  1. demand for patented product
  2. absence of non-infringing substitutes (market share rule)
  3. manufacturing and market capability to exploit demand
  4. amount of profit would have made but for infringement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

reasonable royalties factors - georgia pacific (3)

A
  1. value of invention to accused product
  2. value that factors other than claimed invention contribute to the product
  3. comparable licensing agreements - existing with claimed invention or similar technology
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

enhanced damages test - halo

A

egregious infringement - malicious, willful, wanton, bad faith, flagrant - characteristic of a pirate

IP (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions