Patents Chapter 4 Flashcards
Explain the status of patents as a species of property right and the key legal consequences that arise from this.
Section 30 PA 1977: any patent or application for a patent is personal property.
This does not mean that it can be used by the owner, for example, usage can infringe other patents - see example phones.
How can inventors prevent to infringe each others inventions?
They enter into cross-licensing agreements to use each others inventions.
What does ‘holding up’ mean?
The threat of engaging a party in legal proceedings.
What does ‘holding out’ mean?
A company to infringe a patent and seek to delay enforcement proceedings in the hope that the patent owner will either cease trading of accept unfairly law licensing fees.
Give an example of a cross-licensing agreement
Google and Samsung entered into a broad cross-licensing agreement to prevent infringement.
Royalty payments are a lucrative source of income, give an example.
Microsoft makes more money from licensing its patents than it does from its own Windows phone.
What are SEP’s and give an example of a SEP?
Standard Essential patents - 3,5 &5 G
How does a SEP work?
The patent owner offers to make technology available that must be used by anyone to comply with a standard and in return undertakes that licences will be offered on demand of FRAND terms.
Why do SEP’s excist?
To make it possible for essential technologies to communicate together.
When is a technology essential?
Without using technologies that are covered by one or more IPR, we describe that IPR as essential. There is only one way to invent it and if it is of major significance for the public, such as the 3,4&5G network.
What does FRAND stand for?
Fear, Reasonable, and non-discriminatory
What is the leading case regarding defining FRAND terms?
Unwired Planet v. Huawei
Explain the doctrine of forum non convenies
No cherrypicking in terms of courts an jurisdictions
Where in the law are compulsory licences covered?
Section 48 (a) PA 1977
