Patents Chapter 6

Question 1

Describe the procedure to achieve the award of a patent (6 steps)

Answer 1

1. Specification and statement of claims;
2. Search and preliminary examination;
3. Publication for the application;
4. Substantive examination
5. Between publication and grant any party may submit written observations.
6. Grant or rejection of the patent.

Question 2

What is the risk of publishing a patent application?

Answer 2

If the patent is not granted, the publication will be considered as made available to the public and is therefore not novel anymore as it has become part of the prior art.

Question 3

What are the remedies available in the situation of patent infringement? (name 3)

Answer 3

1. Injunction
2. Delivery-up
3. Financial compensation

Question 4

Explain the 2 forms of financial compensation in case of infringement.

Answer 4

1. Damages

2. Account of profits

Question 5

Can infringement happen when there was no intention to resell the product?

Answer 5

YES - Dyson v. Hoover

Question 6

Explain the doctrine of equivalents

Answer 6

Art. 69 EPC or s. 125 PA 1977
If two devices do the same work in substantially the same way and accomplish the same result, they are the same, even though they differ in name, form or shape.

Question 7

In which circumstances may a patent be revoked? (name 5)

Answer 7

1. The invention is not a patentable invention
2. Patent was granted to a person who was not the only person qualified (claim must be made within 2 years)
3. The specification is not clear enough to be performed by a person skilled in the art
4. The matter disclosed by the patent specification is more extensive than that disclosed in the patent application
5. The protection has wrongfully be extended by amendment