Patent III

Question 1

Assessing Infringement

Answer 1

Has an infringing act been committed?
- For example, making, offering, putting on the market or using a product…
What is the scope of protection of the patent?
- Claim Construction
Are there any defences to infringement?
- For example, private and non-commercial use, experimental use…

Question 2

Types of Direct Infringement

Answer 2

Literal infringement
- An identical invention is made/used/sold etc.

Non-literal infringement
- A similar but slightly different invention is made/used/sold etc.
- This is where claim construction becomes extremely important

Question 3

Claim construction

Answer 3

The claims are a crucial feature of the patent.

The claims define the invention for the purposes of determining patentability during examination and judicial assessment.

The claims indicate the scope of protection of the patented invention.

Approaches to claim construction have varied throughout Europe over time.

Question 4

Doctrine of Equivalents

Answer 4

Kirin-Amgen Inc v Hoechst Marion [2014]. Allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim but is nevertheless equivalent to the claimed invention.