Patent Quick Reference Flashcards
1
Q
Secondary Considerations:
A
U. Unexpected results C. Copying by competitors C. Commercial success (rubik's cube) P. Proper failure of others I. Independent development L. Long felt unresolved need (selling of 1M units in 1 day) L. Licenses S. Skepticism
2
Q
Experimental Use
A
- • Control of the invention
- • Monitoring of the experiment
- • Purpose or intent in testing invention (red. to practice)
- • ascertaining the proper results
- • making alteration when deemed necessary
- • unrestricted use by others
- • compensation for use or for profit
- • payment of expenses
- • retention of ownership
- • whether the experiment was on the claimed item
- • markings or contracts of confidentiality and secrecy
3
Q
Corroborative Evidence
A
- relationship between the witness and prior users
- the time period the event in trial
- interest of corroboration witness in the subject matt in suit
- contradiction or impeachment of witness testimony
- extent and details of corroborating testimony
- witness familiarity with the subject matter of patented invention and prior use
- probability that a prior use could occur considering the state of the art at the time
- impact of invention on the industry, and the commercial value of its practice
4
Q
ordinary skill in the art:
A
- education level of the inventor
- type of problems encountered in the art
- prior art solutions to those problems
- Speed with which inventions are made
- sophistication of the technology
- educational level of active works in the field
5
Q
Undue Experimentation
A
- Quantity of experimentation
- direction/guidance provided for the experiment
- presence of working examples
- nature of the invention
- state of prior art
- skilled in the art
- predictability of the art
- the breadth of the claim
6
Q
Willful Damages
A
- look at deliberate copying
- good faith belief on invalidity based on non-infringement opinion
- behavior in litigation
- defenders size and financial condition
- closeness of the case
- duration of the misconduct
- remedial action by the ∆ (make changes to get away from patent)
- ∆ motivation for harm (hurt yourself short term to kill someone else, to help you long term)
- whether the ∆ attempted to conceal the misconduct (dirty hands, destroy all evidence)