PATENTS

Question 1

What are the three main areas of activity during the examination of a patent application, and what do they involve?

Answer 1

Examination as to Form: Ensures all formal requirements, like representation by a patent attorney, the statement of the inventor, and the inclusion of an abstract, are met. Filing date is critical in this step.
Search: Identifies prior art in the field to assess whether the invention is new or similar to existing solutions. A search report lists relevant documents and their comparison to the claims.
Examination as to Substance: Verifies the invention’s patentability by checking if it is excluded by law, lacks novelty or an inventive step, or isn’t industrially applicable. It also ensures sufficient disclosure. Applicants can amend applications to address objections but cannot introduce new information beyond the original disclosure. in cases things are resolved in favor of the applicant.

Question 2

What is the right of priority, and why is it important in the patent process?

Answer 2

Definition: The right of priority allows the filing date of an earlier application to apply to subsequent applications in other countries (within 12 months).
Importance:
Protects the invention internationally under the Paris Convention or TRIPS Agreement.
Allows time to decide on foreign filings without rushing.
Helps establish novelty and inventive step based on the earlier filing date.

Question 3

What are the three basic requirements for drafting a patent application?

Answer 3

Unity of Invention: The application must relate to one invention or a group of inventions forming a single inventive concept. this should be detailed and it helps in accessing the invention. like unique screen or charging method of the invented phone make sure to detail everything.
Sufficient Disclosure: The description must be clear and complete enough for a person skilled in the art to understand and replicate the invention.
Claims Clarity: The claims must be clear, concise, and fully supported by the description, defining the scope of the patent protection. this creates boundaries in the does and donts.

Question 4

What is the purpose of the background section in a patent application?

Answer 4

Describes existing problems or challenges the invention solves.
Highlights prior solutions, contrasting them with the current invention.
States the objectives of the invention.
This section helps place the invention in context with prior art and provides a better understanding of its purpose.

Question 5

What is included in the third section of the patent description?

Answer 5

A general summary of the invention that aligns with the main claim, ensuring consistency.
A series of paragraphs detailing preferred features of the invention, which form the basis for dependent claims.
This section avoids disputes by clearly aligning the description with the claims.

Question 6

How are drawings used in patent applications, and what guidelines apply?

Answer 6

drawings illustrate mechanical objects, electrical circuits, processes, or chemical formulas. Guidelines include:

Components are numbered for reference in the description.
Text is minimal, with exceptions for brief labels.
Drawings may include diagrams, schematics, or flowcharts depending on the invention’s nature.

Question 7

What is the role of the claims and abstract in a patent application?

Answer 7

Claims: Define the scope of the patent’s protection, starting with a broad main claim followed by narrower dependent claims. Each claim must be supported by the description.
Abstract: Provides a concise summary (50–150 words) to help third parties quickly understand the invention. It is not used for interpreting the scope of protection.

Question 8

What information is included in the Patent Register after a patent is granted?

Answer 8

The Patent Register includes bibliographic data:
Patent number
Applicant’s name and address
Inventor’s name
Filing date
Original application number
Priority application details
Title of the invention
It does not contain any technical information.

Question 9

What happens when a patent is granted and published by the Patent Office?

Answer 9

It is entered into the Patent Register.
The grant is published in the Official Gazette, including bibliographic data, abstract, main claim, and possibly drawings.
A Certificate of Grant is issued to the applicant, along with a copy of the granted patent.
The full patent document may be published in printed or electronic form for third parties.

Question 10

What is required to keep a patent in force after it is granted?

Answer 10

To keep a patent in force, an annual renewal or maintenance fee is required.

In some countries, this fee may be paid before the patent grant or every 3-5 years.
A few countries do not require maintenance fees at all.
If the fee is not paid, the patent may expire.

Question 11

What are the rights of a patent owner regarding the exploitation of their invention?

Answer 11

The patent owner has the exclusive right to decide who can exploit their invention, enforceable by law, for the term of the patent, provided renewal or maintenance fees are paid.

Question 12

What are some limitations to a patent owner’s exclusive rights?

Answer 12

Claims can be amended or invalidated by courts.
If the invention improves upon a previous patent, the owner may need to obtain a license and pay royalties.
The owner must work the invention or license it to maintain the monopoly.
Government or authorized third parties may use the invention for public interest under certain conditions.

Question 13

What is patent infringement and how does it affect the patent owner?

Answer 13

Patent infringement involves unauthorized exploitation of the patented invention by a third party. It affects the owner as they wish to recover their expenses through the commercialization of the invention, particularly by selling products that incorporate it.

Question 14

Who is responsible for enforcing a patent, and what actions must they take?

Answer 14

The patent owner is responsible for detecting infringements and bringing them to the infringer’s attention. They must ensure that legal threats are based on sufficient grounds, as unfounded threats may lead to countermeasures, including damages. The patent owner may send a polite letter to the infringer pointing out the patent rights, which can effectively suppress the infringement.

Question 15

How are most patent infringement disputes resolved, and what are the outcomes?

Answer 15

Most patent disputes are settled through negotiation and licensing agreements before reaching court action. In rare cases, legal action is taken, usually involving a lawsuit to stop the infringement, and the infringer may seek to invalidate the patent. Most settlements are reached before trial, often with the assistance of an arbitrator, and can include licensing terms or compensation in the form of damages. Legal costs are typically low in these cases.

Question 16

What are the three main types of patent infringement, and how do they differ?

Answer 16

Deliberate Infringement: The infringer copies the invention directly or makes minor modifications. There is no dispute about whether infringement has occurred, only whether the patent claims are valid.
Deliberate Infringement with Avoidance Attempts: The infringer tries to design around the patent while still using the basic idea of the invention. This is the most common form of infringement, often leading to litigation.
Accidental Infringement: The third party develops a similar invention independently, without copying the patented idea. This can happen when multiple organizations are working on solving the same problem and results in similar solutions, but no infringement has occurred since the idea was developed separately.

Question 17

What elements must a patent owner prove to establish infringement?

Answer 17

The carrying out of a prohibited act.
The prohibited act must be done after the publication of the patent application or issuance of the patent.
The prohibited act must occur in the country where the patent is granted.
The prohibited act must relate to a product or process within the scope of the patent claim.

Question 18

What are the prohibited acts in patent infringement?

Answer 18

Making the Patented Product: Manufacturing the product as claimed in the patent.
Using the Patented Product: Using the patented product, regardless of authorization from the patent owner.
Selling or Importing the Patented Product: Selling or importing products that incorporate the patented invention.
Using the Patented Process: Using the patented process or producing products directly obtained via the patented process.

Question 19

What are the exceptions to the prohibited acts in most patent laws?

Answer 19

Scientific Research/Experiment: Using or making the patented product for scientific purposes.
Prior Use: A third party who started making the product before the patent application was filed.
Non-voluntary License/Public Interest: Making, using, or selling under a license granted by the government or for public interest.
Sale of Product: Selling a patented product without authorization.
Importation: Importing a patented product, regardless of where it was made or its intended use.

Question 20

How is infringement proven when a product is made through a patented process?

Answer 20

In some jurisdictions, if a product is identical to one made using the patented process, there is a legal presumption that it was made via the patented process, especially if the product was new at the time of the patent filing

Question 21

What are the elements required to establish patent infringement regarding the timing of the act?

Answer 21

To establish patent infringement, the prohibited act must be carried out after the publication of the patent application or the issuance of the granted patent. It would be unjust to charge someone with infringement before the details of the invention are available to the public, allowing them to understand what actions are prohibited.

Question 22

How does the scope of a patent claim affect patent infringement cases?

Answer 22

The scope of protection a patent provides is defined by the claims made in the patent. Courts interpret these claims to determine if the accused product or process falls within the scope. This involves comparing each element of the claim with the alleged infringement to see if they match in terms of form, function, and relationship. If all elements correspond without significant deviation, infringement may be established.

Question 23

What civil sanctions can be imposed for patent infringement, and how are damages calculated?

Answer 23

Civil sanctions for patent infringement may include the award of damages, injunctions, and the seizure/destruction of infringing products. Damages can be calculated in two ways: based on the financial loss suffered by the patent owner or by accounting for the profits made by the infringer from the patented product. An injunction may also be granted to prevent further infringement, either by stopping ongoing acts or preventing imminent infringement.

Question 24

What factors should an inventor consider before selling an invention?

Answer 24

valuate market viability: who will buy the product, and how large is the potential market?
Use government statistics and surveys to study market demographics (age, marital status, etc.).
Research institutions and corporations may be interested in partially developed technology.

Question 25

What are the options for an inventor once their idea is patented?

Answer 25

The inventor can sell the patent outright for a lump sum or enter into a licensing agreement.
Test marketing is recommended before full-scale production to assess market interest.
Some companies have specific policies for submitting ideas, preferring a patent or application before considering new inventions.

Question 26

What is meant by “working” a patent, and why is it important for compulsory licenses?

Answer 26

Working of a Patent: Refers to the manufacturing of the product or the use of the patented process.
Non-Working: When a patent is not being utilized in the country where it is granted.
Compulsory License Conditions:
Countries may require patents to be worked locally to promote technology transfer.
Non-voluntary licenses are granted when a patent is not worked sufficiently, but this may not always be economically feasible.
Paris Convention: Allows compulsory licenses after a waiting period (4 years from filing or 3 years from the grant).

Question 27

What is the difference between voluntary and compulsory licenses?

Answer 27

Voluntary License: Granted by the patent owner through a contract, allowing the beneficiary to perform acts covered by the exclusive right.
Compulsory License: Granted by the government, authorizing the beneficiary to perform acts covered by the exclusive right against the will of the patent owner.
Compulsory Licenses Categories:
Abuse of Patent: Prevents misuse of exclusive rights (e.g., non-working of the patent).
Public Interest: Issued for reasons of public welfare, such as health, defense, or economic development.

Question 28

What are non-voluntary licenses, and why are they granted?

Answer 28

Non-voluntary licenses allow the use of a patent without the owner’s consent. They are granted to prevent abuse, protect public interest, or address emergencies like national defense, public health crises, or economic needs.

Question 29

What procedural safeguards are required for granting non-voluntary licenses?

Answer 29

Authorities must:

Ensure conditions for granting are met.
Allow patent owners to present their case.
Require adequate royalties to be paid.
Provide mechanisms to revoke licenses if conditions change.

Question 30

How are dependent patents handled under non-voluntary licenses?

Answer 30

A dependent patent, which cannot be used without infringing a dominant patent, may receive a license if terms with the dominant patent owner cannot be reached. This ensures both inventions can be utilized.

Question 31

How does the TRIPS Agreement regulate non-voluntary licenses?

Answer 31

Article 31 allows countries to authorize such licenses against a patent owner’s will under specific conditions, ensuring compensation and adherence to procedural safeguards.

Question 32

What happens if non-voluntary licenses or anti-trust violations are insufficient to prevent abuse?

Answer 32

In cases of persistent abuse, patents may be revoked or forfeited, but only after two years from the grant of the first compulsory license.

Question 33

What are the key conditions for granting compulsory licenses?

Answer 33

Authorization: Case-by-case basis considering individual merits.
Negotiation: Efforts to obtain authorization must be made unless waived (e.g., emergencies).
Scope & Duration: Limited to purpose; stricter for semiconductor technology.
Non-Exclusivity: Must be non-exclusive and assigned only with the associated enterprise.
Domestic Supply: Primarily for the domestic market.
Termination: Must end if justifying circumstances cease, protecting licensee interests.
Remuneration: Adequate payment based on use’s economic value.
Review: Judicial or independent review for licensing decisions and remuneration.
Exceptions: Anti-competitive practices allow waivers of certain conditions.

Question 34

What specific rules apply to dependency between two patents?

Answer 34

The second patent must represent significant technical and economic advancement.
The first patent owner is entitled to a cross-license.
Use of the first patent cannot be assigned without assigning the second patent.

Question 35

What is a utility model, and how does it differ from a patent?

Answer 35

Definition: Protects mechanical inventions with smaller technological advancements.
Key Differences: Requires less technological progress and offers shorter protection terms.
Terminology: May be called “patents for utility models” to distinguish them from invention patents.