Patents Flashcards

1
Q

compulsory license

A

in case of national emergency or other extreme urgent public non-commercial use. Scope and duration must be limited. Use is non-exclusive and non-assignable

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2
Q

Importance of patents

A

key tools for promotion of inventions and innovation, and to transform knowledge into value

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3
Q

Term of protection for patent

A

20 years from date of filing

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4
Q

What kind of right does a patent confer

A

a property right

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5
Q

Requirements for patent

A

invention must be novel, non-obvious, industrial applicable, patentable subject matter

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6
Q

what subject matter can’t be patented

A

human life, mathematical algorithms, laws of nature, natural phenomena

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7
Q

Differences in industrial applicable / utility

A

can be made in industry, must have some industrial application, simply utility

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8
Q

Why are patents important economically

A

source of value for companies and their activities

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9
Q

how to protect economic value of IP

A

legal mechanisms through registration, enforcement (oppositions, patent litigation)

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10
Q

Registration system for Patents

A

national, regional, PCT

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11
Q

what is the national system of protection

A

the patent is applied for and registered in one country. the protections apply only in that country.

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12
Q

what are the regional application systems

A

EPO, Eurasian, Africa I and II

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13
Q

what is the international application system for patents

A

PCT application is filed in applicant’s home office, but application is good for any country member to the PCT which applicant wishes to apply in

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14
Q

economic justifications for the patent system

A

incentive to invent, disclose, innovate

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15
Q

What does WIPO manage

A

the Madrid system (trademarks), the PCT (patents), and the Hauge agreement (industrial designs)

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16
Q
A
17
Q

Can computer programs be patented?

A

technical character, or technical teaching. software inventions should have a technical affect

18
Q

What is Paris Convention

A

it provides for patents, trademarks, and industrial applications

19
Q

substantive v. procedural examination

A

some countries only examine patents on a procedural basis like France.

20
Q

patent enforcement

A

patent holders are their own policeman, you need to sue to enforce

21
Q

what constitutes patent infringement

A

practicing all elements of the claim, prohibited act (making, using, selling, offering for sale) the invention, [note: exceptions to prohibited acts: making for scientific research, government use/compulsory license], after publishing of application, in the country which the patent is held

22
Q

What does TRIPS do to Paris and Berne convention

A

TRIPS adds to Paris and the Berne Convention