Patent Monopoly

Question 1

If a patent is a product what rights does it uphold?

Answer 1

It gives the rights to prevent third parties from not having the patent owners consent from the acts of making, using offering for sale, selling or importing that product

Question 2

If a patent is a process what rights does it uphold?

Answer 2

It gives the rights to prevent third parties not having the patent owners consent from the act of using the process and again from acts of using, offering, for selling or importing

Question 3

Is manufacturing of individual parts of a patented product a breach of the patent

Answer 3

No

Question 4

Is the use of a patent product which is unauthorized by the patent holder a breach of that patent?

Answer 4

Yes

Question 5

In respect of Patent Monopoly what acts are considered a breach of the patent?

Answer 5

Any acts involving the patent product which are not expressly authorized by the patent owner.

Question 6

Can the owner of a patent specifically exclude a third party from the use of a patent?

Answer 6

Yes this is a right the patent owner has

Question 7

What is the right to exclude a third party from the use of a patent known as?

Answer 7

An economic transferable right

Question 8

Do patent owners have the right to assign a patent?

Answer 8

Yes

Question 9

Can a patent be transferred by succession?

Answer 9

Yes

Question 10

Can a patent owner offer the use of a patent product under license?

Answer 10

Yes

Question 11

Are the boundaries of a patent unlimited?

Answer 11

No

Question 12

Will, a patent be protected if the claim is not clear as to its boundaries is not clear?

Answer 12

No, any areas were clarity is diminished the patent will fail

Question 13

What is the deciding factor when clarity of a patent is challenged?

Answer 13

It is the individual possessing average common general knowledge and average knowledge in the field relevant to the patent

Question 14

What is the initial approach taken when judging if there has been an infringement of a patent?

Answer 14

The patent is read and a strictly literal interpretation is taken of the words used in the patent claim.

Question 15

The next approach, when judging an infringement of a patent is called the Theory of equivalence. What is this?

Answer 15

It can extend the scope of the patent to include equivalent variations thus extending the Patent protection

Question 16

What is the Temporal scope of a patent?

Answer 16

Does the original patent cover the new and improved product which was the not the subject of the patent